Accused Has No Right To Produce Any Material At The Time Of Framing Of Charge: Supreme Court

The Supreme Court held that at the stage of framing charges, the accused does not have the right to produce any material or documents to contest the case. The Court further emphasized that at the charges stage, the trial court should base its decision solely on the chargesheet material provided by the prosecution, presuming the material to be true for the purpose of determining the existence of...

'Several Disputed Facts': Sikkim High Court Dismisses Sikh Body's Plea To Restore Guru Granth Sahib, Religious Articles In Gurudwara

The Sikkim High Court on Tuesday dismissed a writ petition filed by Sri Guru Singh Sabha, a Sikh body, seeking the restoration of Guru Granth Sahib and other religious articles in a Gurudwara which were removed from the Gurudwara in 2017 and have been at the centre of a heated legal battle.Justice Meenakshi Madan Rai said the case raised multifaceted questions of fact and legality that...

SC Collegium Proposes Appointment Of Two Judicial Officers As Tripura HC Judges, Says Cogent Reasons For Not Recommending Senior Judicial Officers

The Supreme Court Collegium comprising CJI DY Chandrachud and Justices Sanjay Kishan Kaul & Sanjiv Khanna has recommended the names of two judicial officers for appointment as judges of the Tripura High Court. Those recommended for elevation are Shri Biswajit Palit and Shri Sabyasachi Datta Purkayastha.The Acting Chief Justice of the High Court of Tripura in consultation with his...

Delhi Court Takes Cognizance Of Rape And Criminal Intimidation Offences Alleged Against Former Union Minister Shahnawaz Hussain, Summons Him

A Delhi Court has taken cognizance of the offences of rape and criminal intimidation against BJP leader and former union minister Shahnawaz Hussain and summoned him to appear before it on October 20. The FIR was registered on the complaint of a woman alleging the offence of rape and criminal intimidation by Hussain, amongst other offences. After completion of investigation, the Delhi Police...

Supreme Court Collegium Recommends Appointment Of Five Judicial Officers As Judges Of Kerala High Court

The Supreme Court Collegium headed by Chief Justice D.Y. Chandrachud, has recommended the names of five Judicial Officers for appointment as as Judges of the Kerala High Court. In its resolution dated October 10, 2023, the Collegium stated that the Kerala High Court Chief Justice, had recommended the elevation of the five judicial officers, in consultation with his two senior-most colleagues,...

Distinction Between 'Common Intention' & 'Common Object' : Supreme Court Explains While Setting Aside Conviction In Triple Murder Case

The Supreme Court recently revisited a critical distinction between "common intention" and "common object", which are mentioned in Sections 34 and 149 of the Indian Penal Code (IPC) respectively. The Court relied on Chittarmal v. State of Rajasthan, which had previously addressed the conversion of charges from Section 302 read with Section 149 of IPC to Section 302 read with Section 34 of...

No Death Penalty On Persons With Mental Illness Or Developmental Or Intellectual Disabilities: World Psychiatric Association

The World Psychiatric Association in the General Assembly of its 23rd World Congress in Vienna on 30 September 2023 approved a Position Statement recommending that the death penalty should not be imposed on any person with mental illness or intellectual and developmental disabilities; and no person with mental illness or intellectual and developmental disabilities should be...

‘Half-Hearted Attempt, Based On Unfounded Assumptions’: Court Pulls Up Delhi Police For Clubbing Complaint In Delhi Riots Case

A Delhi Court yesterday pulled up the Delhi Police for clubbing a complaint in a Delhi riots case based on “unfounded assumptions” that the incident would have been caused by same accused persons. Additional Sessions Judge Pulastya Pramachala of Karkardooma Courts said that a “half-hearted attempt” was made only to show the completion of the investigation.The judge refused to club...

Does CrPC Apply To Customs Act? Supreme Court To Decide In DRI's Appeal Against Adani Enterprises

The Supreme Court on Tuesday (10 Oct) directed that the case of Directorate of Revenue Intelligence(DRI) v. Adani Enterprises Ltd would be heard along with the case of Senior Intelligence Officer v. Sanjay Agarwal where 2 questions framed earlier by the Supreme Court have relevance in the present case.Those 2 questions are as follows-Whether the Customs/DRI Officers are police officers and,...

Supreme Court Grants Bail To Amarjeet Sharma In BPSL Fraud Case

Today, a Division Bench of the Supreme Court, allowed the bail plea filed by Amarjeet Sharma, head of the Accounts Department of (Bhushan Power and Steel Ltd.) BPSL, in a case being probed by the Serious Fraud Investigation Office into the affairs of BPSL and its then group companies.While granting the bail, the Bench comprising Justices Sanjay Kishan Kaul and Sudhanshu Dhulia, imposed...

Insisting That Donor Egg Cannot Be Used For Gestational Surrogacy Is Prima Facie Against Surrogacy Rules: Supreme Court

The Supreme Court has observed that insisting that only the egg and the sperm of an intending couple can be used for gestational surrogacy is prima facie against Rule 14(a) of the Surrogacy (Regulation) Rules, 2022. A new amendment introduced in March 2023 to Form 2 read with Rule 7 of the Surrogacy Rules specifies that donor eggs cannot be used for gestational surrogacy of an intending...

When PM CARES Fund Is Given CSR Benefit, Can CM Relief Fund Be Excluded? Supreme Court To Hear Rajasthan's Suit

In a significant legal development, the Supreme Court highlighted the issues for consideration in an original suit filed under Article 131 of the Constitution by the State of Rajasthan alleging discrimination in the treatment of the Chief Minister's Relief Fund for COVID-19 (CM Relief Fund) as compared to the Prime Minister's Citizen Assistance and Relief in Emergency Situation Fund (PM...