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...

SC Expresses Inclination To Entrust National Testing Agency To Conduct CLAT

The conduct of the Common Law Admission Test (CLAT) having been marred with technical snags and malfunctions ever since its inception, the Supreme Court on Wednesday expressed its inclination to entrust the National Testing Agency (NTA) with the responsibility to hold the examination.The bench headed by Justice S. A. Bobde was hearing a PIL by academician Shamnad Basheer seeking the setting up...

Breaking: SC Orders CBI investigation In 16 Bihar Shelter Home Sexual Abuse Cases [Read Order]

In pursuance of its earlier observation that the Bihar local police “is not doing its job as expected”, the Supreme Court bench headed by Justice Madan B. Lokur on Wednesday transferred to the CBI the investigation into the allegations of sexual abuse of the residents of 16 children’s homes in the state.The 16 child care institutions have been identified as being of “grave concern”...

Employer (State) Should Give Plausible Reason For Not Filling Up Posts With Selected Candidates, Holds SC By 2:1 Majority [Read Judgment]

‘When the employer is the State it is bound to act according to Article 14 of the Constitution. It cannot without any rhyme or reason decide not to fill up the post. It must give some plausible reason for not filling up the posts.’The Supreme Court has observed that when a large number of posts are lying vacant and selection process has been followed, then the employer must satisfy the...

Correctness Of HC Judgment Approved By SC Can’t Be Examined In Full Bench Reference: SC [Read Order]

The Supreme Court has upheld a full bench order of the Allahabad High Court turning down a reference to it seeking to examine correctness of a division bench judgment which was approved by the apex court.A division bench of Allahabad High Court, doubting the correctness of another division bench judgment in Dr. Vishwajeet Singh and others. Vs. State of U.P., had referred the matter to a...

Consumer Complaints By ‘Subsequent Transferee’ Of Flats Not Always Barred, Clarifies SC [Read Judgment]

‘The decision of this Court in Haryana Urban Development Authority (supra) cannot be stretched to say that in every case where there is a transfer, the complaint by the subsequent transferee would not be maintainable at all. “The Supreme Court has held that consumer complaints by ‘subsequent transferee’ of flats are not always barred.The bench comprising Justice Uday Umesh Lalit...

SC Seeks Report From Chhattisgarh Govt On Prof Nandini Sundar's Plea For Quashing FIR Against Her

The Supreme Court on Tuesday asked the Chhattisgarh government to apprise it of the status of investigation in the murder case registered against social activist and Delhi university professor Nandini Sundar and others in three weeks.The top court asked the state government to enumerate steps it propose to take in the case against Sundar and others.The Chhattisgarh police registered the...

Even Long Delay In Registration Of FIR Can Be Condoned If Witness Has No Motive For Falsely Implicating The Accused: SC [Read Judgment]

‘The medical jurisprudence is not an exact science with precision; but merely opinionative.’The Supreme Court has observed that even a long delay in registration of First Information Report (FIR) can be condoned if the witness has no motive for falsely implicating the accused.The bench comprising Justice R. Banumathi and Justice Indira Banerjee was considering an appeal against conviction...