SC Turns Down Navjot Singh Sidhu’s Plea To Quash Election Petition Against Him[Read Judgment]

The Supreme Court has dismissed cricketer-turned-politician Navjot Singh Sidhu’s plea to quash an election petition filed against him by his rival Om Prakash Soni.In the election petition, there were three main allegations viz. First, with regard to incurring of expenditure in contravention of the limit prescribed under Section 77(3) of the Representation of the People Act, 1951.Second,...

Age Limit For LLB: Kerala HC Stays Notification, Permits Aspirants To Participate In Selection Process [Read Order]

In a reprieve to hundreds of LL.B. aspirants in Kerala who have crossed the ‘age limit’ prescribed by revived Clause-28 in Legal Education Rules by Bar Council of India, the High Court of Kerala has, in an interim order issued in a batch of petitions challenging the age limit, directed the authorities to permit candidates to participate in the selection process, irrespective of upper...

Prosecution Needs To Establish Case Beyond All ‘Reasonable’ Doubts, Not All Doubts: SC [Read Judgment]

The rule regarding the benefit of doubt does not warrant acquittal of the accused by resorting to surmises, conjectures or fanciful considerations, the Bench said.The Supreme Court in Yogesh Singh Vs. Mahabeer Singh, has held that the burden on the prosecution is only to establish its case beyond all reasonable doubt and not all doubts and the rule regarding the benefit of doubt does not...

Delay In Recording Witnesses’ Statements Can Be Fatal For Prosecution Case: SC [Read Judgment]

The Supreme Court in Harbeer Singh Vs. Sheeshpal, has observed that delay in recording of statements of the prosecution witnesses under Section 161 CrPC., although those witnesses were or could be available for examination when the Investigating Officer visited the scene of occurrence or soon thereafter, would cast a doubt upon the prosecution case.A bench comprising Justice Pinaki Chandra...

‘Immoral Character’ Of Rape Victim Still Not Absolutely Irrelevant In Trial: Allahabad HC [Read Judgment]

The Allahabad High Court has recently observed that the ‘character’ of a rape victim was still not an ‘absolutely irrelevant’ circumstance in a rape trial.While acquitting all three accused in a gang rape case, Justice Ranjana Pandya observed as follows:“Law recognises that a woman even of easy virtue, or even a whore for that matter, has personal dignity and honour. She cannot...

Not Relooking 1995 ‘Hindutva Is A way Of Life’ Verdict: SC

“We will not go into the larger debate as to what is Hindutva or what is its meaning. We will not re-consider the 1995 judgement and also not examine Hindutva or religion at this stage.At this stage, we will confine ourselves to the issue raised before us in the reference. In the reference, there is no mention of the word ‘Hindutva’. If anybody will show that there is a reference to...

SC Raps Mallya For Non-disclosure Of Assets; Sets Deadline Of Nov 24

The Supreme Court today pulled up business tycoon Vijay Mallya for not making full disclosure of his foreign assets and gave him a last chance to do so by November 24.A bench of justice Kurien Joseph and Justice Rohinton F Nariman directed Mallya to give “all details of assets” by that date.“We are prima facie of view that Respondent no. 1 (Mallya)  has not made proper disclosure...

Public Opinion Towards Death Penalty

While deciding the question of abolition of death penalty, will public opinion matter before Constitutional Courts or even a legislature? The question assumes significance, as public opinion in India, as expressed in public protests against those who commit heinous crimes, has always seemed to support its continuance.But there is a vast substantial section of society which would wish its abolition.   In 2013, a survey conducted by the Centre for the Study of Developing Societies, (CSDS) as part...

Enactment Of An Amendment With Retrospective Effect Not An Encroachment Upon Judicial Powers: SC [Read Judgment]

The Supreme Court in Cheviti Venkanna Yadav vs. State of Telangana and Ors, has upheld the constitutional validity of sub-section (3) of Section 5 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets (Amendment) Act, 2015.Section 5 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets (Amendment) Act, whereby the term of the market committee was reduced from three...

System Needed To Check Authenticity Of ID Cards: SC

A PIL complained that people were re-using revoked/ cancelled/outdated/expired ID cards for personal gains and criminal activities as there was no mechanism to authenticate them while granting access to all the services for which they are issued. The Centre has been asked by the Supreme Court to consider as “representation and a formal communication” a Public Interest Litigation...

SC Defers The Hanging Of Vikram Singh And Jasvir Singh, Reserves Its Judgment On Their Review Plea.

The Supreme Court bench comprising justices Dipak Misra, R. Banumathi and Ashok Bhushan, yesterday extended the stay on the hanging of Vikram Singh and Jasvir Singh, who were sentenced to death for the kidnapping and murder of Abhi Verma, son of an established jeweler of Hoshiarpur, Punjab, in 2005.Both the convicts were to be hanged on the morning of October 25 at Patiala Central Jail, as...

Centre Asks SC To Junk PIL On Drought As Swaraj Abhiyan Turns Political Party

The Central government has taken yet another shot at avoiding the 2015 public interest litigation on its dealing with droughts in the country.Attorney General Mukul Rohatgi told the Supreme Court that the case must not be heard anymore since petitioner Swaraj Abhiyan has migrated from being a non-profit to a political party. The Swaraj Abhiyan, in a month, will finish all formalities to...