[Alok Verma Case] CVC Has No Power To Seal The Office Of CBI Director And To Divest Him Of Duties : Kapil Sibal

Senior Counsel Dushyant Dave, appearing for NGO Common Cause, sought a two fold relief- that the divestiture of Alok Kumar Verma of the charge of the CBI as well the appointment of Mr. M. Nageshwar Rao as the Interim Director be set aside.The Chief Justice required him to confine his arguments to the propriety of the move of sending Verma on leave without running it by the Selection...

Brutal, But Doesn’t Warrant Death Sentence: SC Commutes Death Penalty Of A Man Who Was Convicted For Murdering 3 Kids [Read Judgment]

‘The offence has undoubtedly been committed which can be said to be brutal but does not warrant death sentence.’ The Supreme Court has commuted death sentence imposed on a man convicted in a triple murder case, in which the victims were minor children.The bench comprising of Justice N.V. Ramana, Justice Mohan M. Shantanagoudar and Justice M.R. Shah observed that though the offence...

SC Allows Candidates Aged 25 Years And Above To Provisionally Appear In NEET-UG 2019 Examination [Read Order]

The Supreme Court on Thursday allowed the candidates who are 25 years of age and above to apply and appear in the NEET-UG 2019 examination.The bench comprising Justice SA Bobde, Justice L. Nageswara Rao and Justice R. Subhash Reddy issued the following interim order in the Special Leave Petitions filed against a Delhi High Court judgment.“The petitioners/candidates who are 25 years of age...

Alok Verma Case [Session-2] It Is The Govt, Not The Selection Panel Has The Power Over Appointment Of CBI Director: AG Tells SC

In his turn, Attorney General K. K. Venugopal justified the October 23 order of the Central government divesting CBI Director Alok Kumar Verma of his powers and responsibilities, distinguishing the twin powers of selection and appointment to the post.Section 4A of the DSPE Act of 1946 requires the Director to be appointed by the government on the recommendation of the Committee comprising...

Section 304 IPC Not Attracted Against Builder For The Death Occurred Because Of Building Collapse During Earth Quake, SC Dismisses Plea Of Man Whose Family Members Got Killed In Gujarat Earthquake

 “We can understand the anguish and agony of the appellant who lost his family members because of the unfortunate catastrophe. But when it comes to culpability, the accused can be tried only for such offence which can be made out in law.”We can understand the anguish and agony, but the accused can be tried only for such offence which can be made out in law, a Supreme Court bench has...

Alok Verma Case [Session-1] CBI Director Cannot Be Transferred Without The Consent Of Appointment Panel : Fali Nariman Tells SC

As the hearing on CBI Director Alok Kumar Verma’s challenge to the October 23 orders of the CVC and the Central government divesting him of his powers and responsibilities commenced in the Supreme Court on Thursday, Senior Advocate Fali S. Nariman drew the bench’s attention to the apex court’s judgment in the Jain Hawala case (1997), the scheme of the CVC Act of 2003 and the...

Proper Psychological/Psychiatric Evaluation To Assess Probability And Possibility Of Reform Of Criminal To Be Done Before Awarding Death Sentence: SC

The Supreme Court has held that, before awarding death sentence, a proper psychological/psychiatric evaluation is to be done by courts to assess probability and possibility of reform of the criminal.A three-judge bench comprising of Justice Kurian Joseph, Justice Deepak Gupta and Justice Hemant Gupta commuted death penalty awarded to a man convicted for murder of three persons (Chhannu Lal...

Time Has Come To Examine The Need For Death Penalty As Punishment Especially Its Purpose And Practice: Justice Kurian Joseph, Other Two Judges Disagree [Read Judgment]

 “Every death penalty case before the court deals with a human life that enjoys certain constitutional protections and if life is to be taken away, then the process must adhere to the strictest and highest constitutional standards. Our conscience as judges, which is guided by constitutional principles, cannot allow anything less than that.”Justice Kurian Joseph, while commuting death...

Section 482 CrPC: HC Can’t Examine Mens Rea Aspect Before Completion Of Investigation: SC [Read Judgment]

“At this juncture when the investigation was yet to be completed and charge-sheet, if any, was yet to be filed, the High Court ought not to have gone into the aspect whether there was requisite mental element or intention on part of the respondent.”The Supreme Court has observed that before an investigation is complete, a high court, in a petition filed by the accused under Section 482...

An ‘Aggrieved’ Third Party Can File Review Petition, Holds SC [Read Judgement]

“We have no hesitation in enunciating that even a third party to the proceedings, if he considers himself an aggrieved person, may take recourse to the remedy of review petition. The quintessence is that the person should be aggrieved by the judgment and order passed by this Court in some respect.”The Supreme Court has observed that even a third party to the proceedings, if he...

Keep In Mind That You Are Parents Of Your Child Forever, SC Tells Couple While Granting Divorce

“The child is entitled to the love and affection, protection and guidance of both the parents and their families. The child also has a duty to respect, love and reciprocate the love and affection from both the parents and their families.”While allowing a married couple to ‘part as friends’, the Supreme Court bench headed by Justice Kurian Joseph reminded them about the duty towards...

Breaking: 1984 Anti-Sikh Riots -Delhi HC Upholds Conviction & Punishment Of Over 80 Rioters [Read Judgment]

The Delhi High Court, on Wednesday, upheld the jail terms of more than 80 people for their involvement in the 1984 anti-Sikh riots.In doing so, Justice RK Gauba lamented the delay witnessed in the case, noting that 34 years have passed since the incident, and 22 years had elapsed since the trial court verdict."The anti-Sikh riots of 1984 are indeed a dark chapter in the history of...