Supreme court
Virtual Hearing Facilities Can't Be Restricted To Advocates/Litigants Above A Particular Age : Supreme Court
The Supreme Court, while mandating hybrid hearings in all High Courts across the country, expressed its concern over the absence of uniform Standard Operating Procedures (SOPs) in High Courts, highlighting the need for a clear and consistent approach to electronic access for hearings. The bench comprising Chief Justice DY Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra also...
Provide Counselling For Child Victims Of Sexual Offences, Ensure Their Education : Supreme Court Directs States
The Supreme Court has observed that whenever a child is subjected to sexual assault, the State or the Legal Services Authorities should ensure that the child is provided with a facility of counselling by a trained child counsellor or child psychologist. Because, it will help the victim children to come out of the trauma, which will enable them to lead a better life in future.The Court...
Can A Juvenile In Conflict With The Law Seek Anticipatory Bail Under S. 438 Cr.PC? Supreme Court To Consider
The Supreme Court is set to consider the question of whether an Anticipatory Bail filed under Section 438 of the Criminal Procedure Code, 1973 by a juvenile in conflict with the law as the per Juvenile Justice (Care and Protection of Children) Act, 2015 is maintainable.A bench of Justice Hrishikesh Roy and Justice Sanjay Karol issued notice to the State on Monday (9th October) in an appeal...
Caste Or Religion Of Litigant Should Never Be Mentioned In Judgments : Supreme Court To All Courts
The Supreme Court has deprecated the practice followed by certain Trial Courts and High Court of mentioning the caste or religion of a party in the cause-title of the judgment.While deciding a criminal appeal arising from a child sex abuse case in Rajasthan, the Supreme Court was surprised to note from the cause-title of the judgments of the Trial Court and the High Court that the...
Accused Has No Right To Produce Any Material At The Time Of Framing Of Charge: Supreme Court
The Supreme Court held that at the stage of framing charges, the accused does not have the right to produce any material or documents to contest the case. The Court further emphasized that at the charges stage, the trial court should base its decision solely on the chargesheet material provided by the prosecution, presuming the material to be true for the purpose of determining the existence of...
Supreme Court Bench Split On Abortion Of 26-Week Pregnancy Of Married Woman, Refers To Larger Bench
While one judge said that the choice of the woman should be respected, the other judge said that the medical report about the possibility of the survival of the foetus made it difficult to allow abortion.
Marriage Considered 'Pious' In Indian Society: Divorce On Ground Of 'Irretrievable Breakdown Of Marriage' Not Always Desirable: Supreme Court
The Supreme Court on Tuesday held that it can exercise its discretion under the inherent powers under Article 142 of the Constitution of India for dissolving a marriage on the ground of 'irretrievable breakdown of marriage', even when one of the spouses opposes the dissolution of marriage. However, the Court said that such discretion must be exercised with great care and caution.The Court...
Distinction Between 'Common Intention' & 'Common Object' : Supreme Court Explains While Setting Aside Conviction In Triple Murder Case
The Supreme Court recently revisited a critical distinction between "common intention" and "common object", which are mentioned in Sections 34 and 149 of the Indian Penal Code (IPC) respectively. The Court relied on Chittarmal v. State of Rajasthan, which had previously addressed the conversion of charges from Section 302 read with Section 149 of IPC to Section 302 read with Section 34 of...
S.141 NI Act - Only That Person Who Was Responsible For Conduct Of Company's Affairs At The Time Of Cheque Dishonour Is Liable: Supreme Court
In a judgment pronounced on October 11, the Supreme Court reiterated the principles relating to liability of a director of a company for the dishonour of a cheque issued by the company.Referring to Section 141(a) of the Negotiable Instruments Act 1881, the Court said, "only that person who, at the time the offence was committed, was in charge of and was responsible to the company for the...
Supreme Court Criminal Law Digest: July 2023
1996 Lajpat Nagar blast case - The bomb blast caused at the behest of the accused persons resulted in the death of 13 persons and 38 persons suffered injuries. There was further damage caused to the livelihood of the shopkeepers, whose shops were burnt down due to the said bomb blast. It is evident that these accused persons were part of the plan for future blasts in the nation as well....
Does CrPC Apply To Customs Act? Supreme Court To Decide In DRI's Appeal Against Adani Enterprises
The Supreme Court on Tuesday (10 Oct) directed that the case of Directorate of Revenue Intelligence(DRI) v. Adani Enterprises Ltd would be heard along with the case of Senior Intelligence Officer v. Sanjay Agarwal where 2 questions framed earlier by the Supreme Court have relevance in the present case.Those 2 questions are as follows-Whether the Customs/DRI Officers are police officers and,...
Insisting That Donor Egg Cannot Be Used For Gestational Surrogacy Is Prima Facie Against Surrogacy Rules: Supreme Court
The Supreme Court has observed that insisting that only the egg and the sperm of an intending couple can be used for gestational surrogacy is prima facie against Rule 14(a) of the Surrogacy (Regulation) Rules, 2022. A new amendment introduced in March 2023 to Form 2 read with Rule 7 of the Surrogacy Rules specifies that donor eggs cannot be used for gestational surrogacy of an intending...