Non-Mentioning Of Reasons For Withdrawal Of Earlier Complaint Not a Ground To Quash Second Complaint: SC [Read Judgment]

“Mentioning of reasons for withdrawal of an earlier complaint is also not a condition precedent for maintaining a second complaint.”The Supreme Court has held that mentioning of reasons for withdrawal of an earlier complaint is not a condition precedent for maintaining a second complaint.The bench comprising Justice R. Banumathi and Justice Indira Banerjee made this observation in V....

'Bar Must Not Be A Subordinate To Any Authority Even To The Bench': Justice Lokur In His Farewell Speech

Quoting Isaac Newton, Justice Madan B. Lokur humbly attributed his achievements to “standing on the shoulders of giants”, on his final working day as a judge of the apex court.Justice Lokur was speaking at his farewell ceremony organised by the Supreme Court Bar Association at the court premises on Friday.“Chief Justice S. H. Kapadia allowed me to become a member of the E-Committee...

Only Limited Degree Of Judicial Review Possible In Defence Contracts, SC In Rafale Case

The SC bench headed by CJI today dismissed the petitions challenging Rafale deal and seeking court-monitored probe into the allegations of corruption in the deal."We find no reason for any intervention by this Court on sensitive issue of purchase of 36 defence aircrafts by the Indian Govt. Perception of individuals can't be the basis of a fishing & roving enquiry by this Court, especially...

Breaking: SC Dismisses Petitions Seeking Probe In To Rafale Deal [Read Judgment]

The Supreme Court on Friday dismissed a string of petitions seeking an independent probe into the 2015 Rafale deal, according it a clean chit in all respects- decision-making, pricing and procurement procedure.The bench of Chief Justice Ranjan Gogoi and Justices S. K. Kaul and K. M. Joseph was pronouncing its judgment on a batch of PILs by Advocates M. L. Sharma and Vineet Dhanda,...

If DNA Profiling Isn’t Done Or Held Back In Rape Cases, Adverse Consequence Would Follow For The Prosecution: SC [Read Judgment]

“We are not going to the extent of suggesting that if there is no DNA profiling, the prosecution case cannot be proved but we are certainly of the view that where DNA profiling has not been done or it is held back from the Trial Court, an adverse consequence would follow for the prosecution.”In an important ruling, the Supreme Court has observed that if DNA profiling has not been done in...

Whip Mandatory For Vote Of Confidence, C.S.Vaidyanathan Tells SC In TN MLAs Disqualification Case

Eleven MLAs of Tamil Nadu assembly, led by the Deputy Chief Minister, O.Panneer Selvam, whose disqualification on the ground of defection is awaiting the decision of the Speaker for several months, told the Supreme Court on Thursday that issue of whip is mandatory for a motion on the vote of confidence, to be taken up by the assembly.Relying on paragraph 120 of the Supreme Court’s...

Maintain Transparency In Appointments Of CIC & Information Commissioners: SC To Centre

The Supreme Court on Thursday asked the Centre and states to maintain transparency in appointments of Chief Information Commissioner and Information Commissioners and upload the details of search committees and applicants on the website.The Centre told the top court that the search committee has shortlisted names for the post of CIC and a final decision will be taken soon.A bench of Justices A...

Rafale Deal : SC To Pronounce Verdict Tomorrow

The Supreme Court bench headed by CJI Ranjan Gogoi will pronounce verdict in the petitions challenging the Rafale deal tomorrow.On November 14, the Court had reserved orders on the petitions alleging corruption and procedural irregularities in the deal for procurement of 36 jets from the French company.The petitions were filed by M L Sharma, Vineet Dhanda and AAP MP Sanjay Singh. Also...

Breaking: Executive Magistrate Cannot Direct Police To Register FIR: SC [Read Judgment]

 “A reading of the FIR reveals that the police has registered the F.I.R on directions of the Sub-Divisional Magistrate which was clearly impermissible in the law.”The Supreme Court observed that Executive Magistrate cannot direct the police to register an F.I.R. on basis of a private complaint lodged before himIn this case, a student had lodged a complaint with the Sub-Divisional...

Rights Of Elderly Persons Must Be Recognised And Implemented: SC Issues Directives

 ‘The Government of India and the State Governments must revisit the grant of pension to the elderly so that it is more realistic.’The Supreme Court on Thursday observed that there cannot be any excuse of lack of finances either by the Government of India or by the State Governments in strictly implementing the provisions of Maintenance and Welfare of Parents and Senior Citizens...

Breaking: Death Row Prisoners Should Be Allowed To Meet Lawyers, Family Members,Mental Health Professionals: SC [Read Judgment]

“Prisoner can be said to be a prisoner on death row when his sentence is beyond judicial scrutiny and would be operative without any intervention from any other authority”The Supreme Court has observed that prisoners on death row should be allowed to have meetings and interviews with his lawyers or members of his immediate family or even mental health professionals.The bench comprising...

Actor Dileep Not Entitled To Copy Of Memory Card Containing Visuals Of Sexual Crime, Kerala Govt Tells SC

The Government of Kerala has filed counter-affidavit in the Supreme Court opposing Dileep's demand for getting copy of the memory card containing visuals of the sexual crime committed against a Malayalam cine actress. Dileep is accused of hatching the criminal conspiracy of the crime.In the affidavit filed today, the Government has submitted that memory card cannot be regarded as a document...