[Reservation In Promotion] [Day3] Jaising, Dwivedi, Patwalia, Tushar Mehta, Sanjay Hegde Seek Reconsideration Of "Nagraj", Shanti Bhushan And Rajeev Dhavan Resists [Courtroom Exchange]

On Day 3 of the hearing before the Supreme Court five-judge bench on the question of reconsideration of the M. Nagaraj verdict, Senior Counsel Indira Jaising advanced that the tools employed in the 2006 judgment in interpreting the constitutional amendments introducing clauses (4A) and (4B) in Article 16 are incorrect.In as much as the decision regards parameters of ‘backwardness’...

No Co-Coparcener Has Right To Challenge Sale Made By Karta To Meet Legal Necessity: SC Dismisses 54-Yr-Old Suit Filed By Son Against His Father [Read Judgment]

‘Once the factum of existence of legal necessity stood proved, then, in our view, no co-coparcener (son) has a right to challenge the sale made by the Karta of his family.’Dismissing a suit filed in the year 1964 by a son against his father, the Supreme Court has observed that no co-coparcener has a right to challenge the sale made by the Karta of his family, once the factum of the...

Purpose Of Compensation Under MV Act Is To Fully And Adequately Restore The Aggrieved To The Position Prior To The Accident: SC [Read Judgment]

‘The Claimant is entitled to be compensated for his inability to lead a full life, and enjoy those things and amenities which he would have enjoyed, but for the injuries.’Enhancing the compensation awarded to a man by the Motor Accident Claims Tribunal by almost three times, the Supreme Court observed that the purpose of compensation under the Motor Vehicles Act is to fully and...

Tenant Can’t Be Evicted On The Ground Of Defaulting Rent Without Determination Of ‘Provisional Rent’ By Court: SC [Read Judgment]

In the context of rent control laws in Rajasthan, the Supreme Court has held that, in a petition seeking eviction on the ground of defaulting rent, the provisional determination of the rent by the court is mandatory and without such determination of rent, no decree of eviction on the ground of default can be passed.In this case, the trial court, without determination of provisional rent...

‘Convicted Merely On Conjectures And Surmises’: SC Acquits Rape Accused Who Has Already Served 7 Out Of 10 Years Sentence [Read Judgment]

‘We find that there is every possibility of false implication of the accused in this matter to take revenge against the family of the accused because of the longstanding disputes inter se between the two families.’The Supreme Court on Tuesday ordered the release of a man accused of rape of his cousin, observing that the trial court and the high court convicted him merely on conjectures...

Disqualification Of Legislators On Framing Of Charge[Day-2] Court Can Direct Election Commission To Restrain Political Parties From Fielding Tainted Candidates: Krishnan Venugopal

The Supreme Court on Tuesday observed that while the power of superintendence and control of elections as vested in an Election Commission under Article 324 is only general, Article 102(1)(e) specifically envisages a ground for disqualifying one from being chosen as or being a MP to be prescribed by a law made by the Parliament.The five-judge bench headed by Chief Justice Dipak Misra...

CJI Dipak Misra, Judges Attend Delhi Lawyers' Second Round Of Kerala Flood Relief Drive

The second leg of the relief material collection drive organised by Supreme Court advocates in the wake of the natural calamity that has befallen the state of Kerala is presently underway opposite the apex court premises.The drive, which began at 5 PM and shall continue till 11, was graced by the presence of CJI Dipak Misra, Supreme Court Justice Kurian Joseph and Delhi High Court Chief...

“Kids Are Not Mere Numbers. They Too Have A Soul, Heart”, SC Shocked Over 2 Lakh Children “Missing” In Child Homes Statistics

SC was shocked when it was told that as per a 2016-17 survey carried out at the directions of the Ministry of Women and Child Development, the number of children living in child care institutions (CCIs) was around 4.73 lakh, while the data filed in the court by the government this March says it was about 2.61 lakhA Bench headed by Justice Madan B Lokur of the Supreme Court has expressed shock...

Every Acquittal In Criminal Case Has To Be Taken With Some Seriousness By Investigating And Prosecuting Authorities, Says SC [Read Judgment]

‘We are aware of the fact that there has been a death of a person in this incident and there is no finality to the aforesaid episode as it ends with various unanswered questions, which point fingers at the lack of disciplined investigation and prosecution.’Every acquittal in a criminal case has to be taken with some seriousness by the investigating and prosecuting authorities, observed...

Accused Enjoyed Stay Of Trial For Homicide For A Decade At State Expense [Read Judgment]

“It is really unfortunate that due to pendency of this litigation and the stay operating, the trial in the case remained stayed for all these years. It obviously benefited the respondents who, despite not questioning the altering of the charge by the High Court, did not face trial even for altered charge.”Usually, it is at the instance of the accused, criminal proceedings against them...

Plea In SC Challenges The Vires Of Schedule Caste & The Schedule Tribes (Prevention of Atrocities) Amendment Act 2018 [Read Petition]

The Supreme Court has been moved in a PIL praying that the 2018 Amendment to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act of 1989 be struck down as being in the teeth of Articles 14, 19 and 21 and violative of the basic structure of the Constitution.The grievance of the petitioners arises from the fact that even as the review of the controversial verdict of the...

Husband’s Kin Shouldn’t Be Roped In On The Basis Of Omnibus Allegations In Matrimonial Dispute Cases, Says SC [Read Judgment]

‘The Courts should be careful in proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry deaths.’While quashing case against distant relatives of a ‘husband’ accused of kidnapping the child, the Supreme Court has cautioned the courts while proceeding against the distant relatives in crimes pertaining to matrimonial disputes and dowry...