'Great Caution Needed' : Supreme Court Lists Out Factors To Be Considered While Relying On Dying Declarations

The Supreme Court on Wednesday, while acquitting a death row prisoner, reiterated that ‘great caution’ must be exercised while placing reliance on dying declarations even as the law attaches a presumption of truthfulness to such statements. The court held – “It is the duty of the prosecution to establish the charge against the accused beyond the reasonable doubt. The benefit...

Mumbai Court Stays Summons Issued To Javed Akhtar In Kangana Ranaut's Criminal Intimidation Complaint

A Sessions Court in Mumbai has granted relief to veteran lyricist Javed Akhtar by temporarily staying criminal proceedings against him in a complaint filed by actress Kangana Ranaut, regarding her dispute with actor Hrithik Roshan. Sessions Judge AZ Khan in a revision application filed by Akhtar challenging the summons opined that not granting the stay, might result in...

Delhi Riots: Court Pulls Up Delhi Police For Making ‘Artificial Statements’ About Accused’s Involvement, Acquits Him

While acquitting a man in a case connected to the 2020 North-East Delhi riots, a Delhi court on Thursday criticized an Investigating Officer and a Constable of the Delhi Police for making “artificial statements” about his involvement in the mob which committed rioting and vandalism. In an order passed today, Additional Sessions Judge Pulastya Pramachala of Karkardooma Court observed...

Bilkis Bano Case | ‘Can He Be Allowed to Practise Law?', Supreme Court Asks On Being Told About One Convict Working As Lawyer

Law is supposed to be a noble profession, Supreme Court judge Ujjal Bhuyan orally observed on Thursday. This remark came on the heels of the counsel for one of Bilkis Bano’s rapists informing the court that he is now practising as a motor vehicle accident claims lawyer in Gujarat. Not only this, the judge also posed a critical query about the effect of conviction on an...

CCI Closes Complaint Of Anti-Competitive Practices Against 35 Universities And Lok Sabha Secretariat, Citing No Contravention Of The Competition Act

The Competition Commission of India (CCI) presided by Ms. Ravneet Kaur (Chairperson), Ms. Sangeeta Verma (Member), and Mr. Bhagwant Singh Bishnoi (Member) closed the case citing no contravention of provisions under Sections 3 and 4 of the Competition Act, 2002 (Act). The case was filed against thirty-five universities and Lok Sabha Secretariat (Opposite Parties), alleging contravention...

Cheque Case Against Firm's Partner Can Be Quashed Only On Strong Evidence That He Didn't Have Any Concern With Issuing Cheque : Supreme Court

The Supreme Court observed that a cheque case against a partner of the firm cannot be quashed under Section 482 CrPC unless there is unimpeachable and incontrovertible evidence that he/she did not have any concern with the issuance of cheques.The High Court had quashed the summoning order against a partner of the firm taking into account the materials which indicated that on the dates when...

Plea In Vigilance Court Seeks Probe Into Kerala CM, Daughter And Others For Alleged Bribery In Connection With Mining Interests Of CMRL

A plea has been filed before the Court of the Enquiry Commissioner and Special Judge (Vigilance) in Kerala's Muvattupuzha, seeking investigation into the alleged bribery carried out by high ranking public officials of the State in connection with the mining and other business interests of the Cochin Minerals and Rutile Ltd (CMRL). The Vigilance Court had, on Wednesday, returned the plea on...

Supreme Court On Evaluating Criminal Revision Petition | Presence of Party Not Obligatory

The Supreme Court recently held that a revision petition must be considered on merits even in the absence of a party or the party’s counsel, in accordance with the parameters for consideration of a revision petition. The Court referred to the ruling in Madan Lal Kapoor v. Rajiv Thapar,(2007) 7 SCC 623 wherein it was held that a criminal appeal must not be dismissed for default and held...

High Court Cannot Admit Regular Second Appeal Without Framing Substantial Questions Of Law : Supreme Court

A Division Bench of the Supreme Court, while hearing an appeal, re-iterated the established position of law related to Section 100 of the CPC. The Court observed that the provision clearly indicates that first appellate court is the final court on questions of facts but only if there is any substantial question of law, a second appeal could be considered and raised by the High Court and...

Article 370 Case | "If They're Allowed To Do This, Heavens Know What Else They'll Do" : Gopal Sankaranarayanan Warns Against Potential Mischief [Day 9]

"If they're allowed to do this, heaven knows what else they would do!," exclaimed Senior Advocate Gopal Sankaranarayanan today on the ninth day of Constitution Bench hearing in the pleas challenging dissolution of Jammu and Kashmir's special status under Article 370. Sankaranarayanan, while concluding the arguments for petitioners, used certain "extreme examples" to argue that upholding...

Punjab & Haryana High Court Issues Directions To RTI Authorities Amid Rise In Cryptic, Non-Speaking Orders

In a significant ruling, the Punjab & Haryana High Court recently held that authorities including the Appellate Authorities under the Right to Information Act (RTI) have been passing “cryptic and non-speaking orders” in violation of the judgements of the Supreme Court, High Courts and mandate of the RTI Act.Justice Vikas Bahl thus directed authorities handling appeals under the Right...

Second Marriage Not Sufficiently Proved: Allahabad High Court Sets Aside Govt Servant's Dismissal From Service On Bigamy Allegations

The Allahabad High Court recently set aside the dismissal of a government employee for allegedly entering into a second marriage during the subsistence of his first marriage, finding merit in the petitioner's argument that the punishment was unjust since the alleged second marriage was not sufficiently proven.Justice Kshitij Shailendra further held that even if the second marriage was...