Breaking- Conviction In A Non-Compoundable Case Can't Be Set Aside By HC U/S482CrPC On The Ground Of Compromise Except In Rarest Of Rare Cases: Bombay HC (FB)

In a significant judgment, a Full Bench of the Bombay High Court, [Nagpur Bench] on Tuesday held that the High Court while exercising the inherent powers under Sec. 482 CrPC cannot set aside the order of conviction of accused in a non-compoundable case merely on the ground that the accused and complainant had arrived at a compromise at a post conviction stage. However the same can be...

"Attempt To Nullify Supreme Court Judgement":SC Issues Notice On Plea Challenging UP Qualifying Service for Pension and Validation Ordinance of 2020

The Supreme Court on Wednesday issued notice on a plea to examine the challenge to the validity of the Uttar Pradesh Qualifying Service for Pension and Validation Ordinance of 2020 which was passed on October 21 last year.The bench of Justices Abdul Nazeer and K. M. Joseph was hearing the petition by the UP Ground Water Department Non Gazetted Employees' Association, which submits that...

High Court's Power Under Article 226/227 To Interfere With Arbitration Process Needs To Be Exercised In Exceptional Rarity: Supreme Court

The Supreme Court has observed that the power of the High Courts under Article 226/227 of the Constitution of India to interfere with an arbitration process needs to be exercised in exceptional rarity, wherein one party is left remediless under the statute or a clear 'bad faith' shown by one of the parties. If the Courts are allowed to interfere with the arbitral process beyond the ambit of...

'Love Jihad Laws' Are A Grave Assault On Personal Liberty: Jamiat-Ulama-I-Hind Moves SC Seeking Impleadment In Plea Challenging UP & Uttarakhand Laws

An impleadment application has been filed to add Jamiat-Ulama-i-Hind as joined party the petition challenging the Constitutional validity of Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance, 2020 (hereinafter referred to as the "Impugned Ordinance") and the Uttarakhand Freedom of Religion Act, 2018. [Vishal Thakra & Ors. V. Union of India]Jamiat-Ulama-i-Hind has...

'Faulty Initial Investigation, Unskilled Prosecution, Lack of Involvement By Trial Judge' : Kerala High Court About Walayar Rape-Death Cases

While ordering re-trial in the Walayar rape-death cases, the Kerala High Court observed that the flaws in the initial investigation, unskilled prosecution and also the passive involvement of the trial judge led to the acquittal of all accused.The High Court even went to the extent of saying that such flaws cumulatively resulted in making the trial a "mock trial"."...we are fully convinced ...

Breaking: Bombay High Court Bans Propagation For Sales Of Item Claiming Miraculous or Supernatural Powers via Television Advertisement 

In an important ruling, the Bombay High Court (Aurangabad Bench) on Tuesday (05th January) held that the sale of items, claiming that they possess miraculous or supernatural powers via television advertisement is illegal. The bench of Justice Tanaji Nalawade and Justice Mukund Sewlikar has also held that the TV channel, telecasting such advertisement, would be liable under the...

Advocates Cannot Throw­away Legal Rights Of Parties By Entering Into Arrangements Contrary To Law: Supreme Court

'Any concession in law made in this regard by either counsel would not bind the parties.'

Farmers Protests -'There Are Chances Of Parties Coming To Some Sort of Understanding', AG KK Venugopal Tells Supreme Court

A three judge bench of the Supreme Court comprising of Chief Justice of India S.A. Bobde, Justice A.S. Bopanna and Justice v. Ramasubramanian on Wednesdayinformed Attorney General of India, Mr. K.K. Venugopal that they will hear the matter on Monday i.e. 11th January 2021. The remark came after the Chief Justice of India SA Bobde observed that there has been no improvement in...

'Love Jihad' Laws : Supreme Court Issues Notice On Pleas Challenging UP, Uttarakhand Laws Against Religious Conversion For Marriage

"The challenge is already pending in High Courts. Why don't you go there? We are not saying you have a bad case. But you must approach the High Courts in the first instance instead of coming to SC directly", CJI repeatedly said.

Supreme Court Acquits Man Who Was Sentenced To Death In A Dacoity With Murder Case

The Supreme Court has acquitted a man who was sentenced to death in a dacoity with murder case.In this case, six accused, were convicted by the Trial Court finding them guilty of offences punishable under Sections 396, 412 of Indian Penal Code and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. One of them, Hari Om @ Hero was awarded...

'Whole System Of Virtual Hearing In Supreme Court Needs To Be Reviewed': AG KK Venugopal Undertakes To Writes A Letter To Registrar General

Attorney General K. K. Venugopal on Wednesday stated that the whole system of virtual court hearings in the Supreme Court needs to be reviewed and that he shall address a letter to the Registrar General in this context.The AG was appearing before the bench headed by Justice L. Nageswara Rao and was unmuted only when the relevant matter had come up on the docket, despite repeated requests on...

Walayar Rape-Death Cases : Kerala High Court Sets Aside Trial Court Judgment Acquitting Accused; Orders Re-Trial

The Kerala High Court on Monday ordered re-trial in the case relating to the rape-death of two minor girls of Dalit community in Walayar, Palakkad district.Allowing the appeals of the State Government, a division bench comprising Justices A Hariprasad and MR Anita set aside the acquittal of the accused. The accused have been asked to surrender before the trial court on January 20. The HC...