Free Speech, Nationalism And Sedition: Justice AP Shah [M.N.Roy Memorial Lecture][VIDEO+TEXT]

Introduction “A parochial, selfish, narrow minded nationalism has caused so much misfortune and misery to the world. A mad and exaggerated form of this cult of nationalism is today running rampant….”https://youtu.be/l5NecfPoSKYThis statement made by M.N. Roy, as far back as 1942, may resonate with many even today, particularly in these times we live in.Good evening, Justice Chalmeswar,...

SC Constitution Bench Begins Hearing On Assam Migrants Issue

Supreme Court’s five-Judge Constitution bench on Wednesday, April 19, began hearing the questions referred to it by a two-Judge bench in the Assam Sanmilita Mahasangha v Union of India in 2014. The bench comprises Justices Madan B.Lokur, R.K.Agrawal, Prafulla Chandra Pant, D.Y.Chandrachud, and Ashok Bhushan.On Wednesday, the bench spent just an hour to familiarise itself with the...

Courts Shall Not Surrender Own Judgment To ‘Expert’ Witnesses: SC [Read Judgment]

It observed that an expert’s opinion should be demonstrative and supported by convincing reasons.Court cannot be expected to surrender its own judgment and delegate its authority to a third person, however great, the Supreme Court, in Machindra vs Sajjan Galpha Rankhamb, has observed while upholding a high court order which has set aside conviction of accused in a murder case.In the...

Under ‘Exclusive Jurisdiction Clause’ In Arbitration Agreement, Only Fixed Seat Of Arbitration Can Have Jurisdiction: SC [Read Judgment]

The moment “seat” is determined, the fact that the seat is at Mumbai would vest Mumbai courts with exclusive jurisdiction, the bench said.The Supreme Court, in Indus Mobile Distribution Private Limited vs Datawind Innovations Private Limited, has held that when there is an exclusive jurisdiction clause in an arbitration agreement stating that the courts at a particular place alone would...

SC Sets Aside HC Judgment Because Of Poor English [Read SC Order & HC Judgment]

The Supreme Court had to recently set aside a judgment passed by the Himachal Pradesh High Court, because of the convoluted English used in the judgment.“After hearing learned counsel, it is not possible to comprehend the contents of the impugned order passed by the High Court. The order passed by the High Court is, therefore, set aside and the matter is remanded to the High Court for...

FIR Can Be Quashed In Part If No Cognizable Offence Is Made Out Against Accused: SC [Read Order]

They cannot be allowed to suffer on the basis of the complaint, only on the ground that the investigation against co-accused is still pending, the bench observed.The Supreme Court, in a brief order, has observed that an FIR can be quashed in part against some accused against whom no cognizable offence is made out.The apex court bench comprising Justice Pinaki Chandra Ghose and Justice RF...

SC Quashes Defamation Case Against 'Karavali Ale' Founder BV Seetharam [Read Order]

The Supreme Court has quashed criminal defamation case against BV Seetharam, the proprietor of newspaper Karavali Ale.The Karnataka High Court had refused to quash the criminal proceedings filed by Bojaraja Shetty against Seetharam, even after the declaration filed under Section 5/7 of the Press & Registration of Books Act, 1867, was produced before the court.The said declaration...

BREAKING; SC Restores Conspiracy Charges Against LK Advani And Others In Babri Case, Orders Joint Trial [Read Judgment]

"While moulding relief, the Court can go to the extent of relaxing the application of law to the parties or exempting altogether the parties from the rigours of the law in view of the peculiar facts and circumstances of the case. This being so, it is clear that this Court has the power, nay, the duty to do complete justice in a case when found necessary. In the present case, crimes which...

Death Of Buddhist Lama In Police Firing: SC Notice To Arunachal Pradesh Govt. [Read Petition]

The Supreme Court has sought response from Arunachal Pradesh government on a petition for an independent inquiry into two deaths, including that of a Buddhist Lama of Tawang Monastery,and several persons being seriously injured in the alleged police firing in May last year.Issuing notice to the DSP and DGP, a bench headed by Justice J Chelameswar sought their replies.Senior advocate...

Person Claiming Adverse Possession Must First Admit Ownership Of True Owner: SC [Read Judgment]

Setting aside a judgment of Bombay High Court which had held that it is not necessary for a ‘defendant’ to first admit the ownership of the ‘plaintiff’ before raising a plea of adverse possession, the Supreme Court, in Dagadabai vs Abbas, has held that a person claiming adverse possession must necessarily first admit the ownership of the true owner over the property to the knowledge...

Speedy Recovery Proceedings Is The Need Of The Day: SC [Read Judgment]

SC upholds Rule 5 of Madhya Pradesh Micro and Small Enterprises Facilitation Council Rules Code of Civil Procedure cannot be the only remedy. It is open to legislate recovery mechanism without interference of Civil Court, the Bench said.Providing a speedy recovery proceedings is the need of the day, said the Supreme Court, while upholding Rule 5 of Madhya Pradesh Micro and Small...

SC Upholds Bihar Notification Authorising Cops Below DySP Rank To Probe SC/ST Act Offences [Read Judgment]

Provision made under a rule (SC/ST Rules), cannot negate a right extended through the parent legislation (SC/ST Act), the bench observed.The Supreme Court, in State of Bihar vs Anil Kumar, has upheld a notification issued by the Bihar Government, authorising all the officers of the rank of police inspector, sub-inspector of police and assistant sub-inspector of police to investigate cases...