Sessions Court Should First See If Case Is Of 'Culpable Homicide Not Amounting To Murder' Before Proceeding With Murder Trial : Supreme Court

The Supreme Court observed that a Sessions Court has a duty to undertake an exercise and to satisfy itself whether a case of culpable homicide not amounting to murder is made out or not, before proceeding with the trial of an accused for murder. The prosecution case was that the accused on on 02.08.2011, at about 08:30 p.m., woke up his son and demanded him to purchase a cigarette lighter....

Article 370 Case | J&K Retained Autonomy, It Signed IoA To 'Shake Hands' With India, Not To Embrace It Fully : Zaffar Shah To Supreme Court [Day 5]

On the fifth day of the Indian Supreme Court's hearing in the batch of petitions challenging the dilution of Article 370 of the Constitution of India, Senior Advocate Zaffar Shah, appearing for the J&K High Court Bar Association argued that the State of Jammu and Kashmir (J&K) had retained some constitutional autonomy as it had signed an Instrument of Accession (IoA) and not a...

'Investigate If Manipur Police Officers Colluded With Violence' : Supreme Court To Supervising Officer [Read Directions]

The Court directed that the State SITs should not consist exclusively of members belonging to either one of the communities involved in the clashes.

'Enquire Into Violence Against Women In Manipur From May 4' : Supreme Court Explains Mandate Of Committee Of Three Women Judges

The Supreme Court released the judgment passed in relation to the Manipur ethnic violence on Thursday (August 10) late night. On Monday (August 7), a bench led by Chief Justice of India had indicated its plans to constitute a panel of three women judges to oversee the humanitarian works for the victims and to appoint officers from other States to monitor the investigation of the criminal...

S.482 CrPC | Criminal Antecedents Of Accused Cannot Be The Sole Consideration To Decline To Quash Criminal Proceedings: Supreme Court

The Supreme Court observed that the criminal antecedents of the accused cannot be the sole consideration to decline to quash the criminal proceedings."An accused has a legitimate right to say before the Court that howsoever bad his antecedents may be, still if the FIR fails to disclose commission of any offence or his case falls within one of the parameters as laid down by this Court in the...

'Crime Committed Against Bilkis Bano Part Of Communal Violence Targeting Members Of One Community' : Indira Jaising Tells Supreme Court

The brutal gang-rape of five-months-pregnant Bilkis Bano and the murders of her family members including kids amidst the 2002 Gujarat riots was a ‘crime against humanity’, Senior Advocate Indira Jaising told the Supreme Court on Thursday. The senior counsel said: “India follows the dual system of international law. A treaty is not binding on India unless it is ratified...

Article 370 Case | Jammu & Kashmir's Surrender Of Sovereignty To India Was Absolutely Complete, Says Supreme Court During Hearing[Day 5]

The Court remarked that the restrictions on the law making power of the Parliament cannot be construed as dilution of India's sovereignty.

75% Eligibility Condition For Admission To Sports Quota 'Unwarranted & Discriminatory': Supreme Court

The Supreme Court on Wednesday(August 9) held that the requirement of minimum 75% in the qualifying examination imposed by the PEC (Punjab Engineering College) University of Technology for admission through the sports quota, i.e. 2% of intake of students, was ‘discriminatory’ and violative of Article 14 of the Constitution.A division bench of Justice S Ravindra Bhat and Justice Aravind...

Supreme Court Bar Association Raises Concerns Over New Mentioning Procedure In Supreme Court

The Supreme Court Bar Association (SCBA) has penned a letter to the Secretary General of the Supreme Court of India, outlining significant concerns regarding the process of mentioning, filing, and listing of matters before the country's apex court.The SCBA states that earlier miscellaneous fresh matters for hearing were mentioned before CJI immediately after receiving the diary number of...

NI Act | In Cheque Case Against Company, Persons Can't Be Made Accused Only Because They're Managing Company's Business : Supreme Court

The Supreme Court recently held that under Section 141 of the Negotiable Instruments Act, 1881, a person will become vicariously liable when a company is accused of the offence under Section 138 (Dishonour of cheque for insufficiency of funds ) of the Act, only if such a person was "in charge of" and was "responsible to the company for the conduct of the business of the company" at the time...

When Adverse Possession Is Claimed Over Government Land, Courts Must Act With Greater Care : Supreme Court

The Supreme Court, while placing its reliance on the decision of State of Rajasthan v. Harphool Singh (2000) 5 SCC 652, opined that when the disputed land, claimed by way of adverse possession, belongs to the government, the nature of enquiry by the Court must be more serious and effective. “When the land subject of proceedings wherein adverse possession has been claimed, belongs to...

'NCDRC Acted As If They Were Experts' : Supreme Court Sets Aside Order Upholding Insurance Claim Repudiation

The Supreme Court, while hearing an appeal challenging a National Consumer Disputes Redressal Commission (NCDRC) decision, expressed its discontent with the NCDRC’s judgment. A Division Bench comprising justices A.S. Bopanna and Dipankar Datta heard the matter. The Bench was surprised to see that members of the tribunal, in the present case, have made observations as they were experts in...