Evidence Of Injured Witness Has Greater Evidentiary Value, Their Statements Can’t Be Discarded Lightly: Supreme Court

While dismissing the appeal pleas of two murder convicts, the Supreme Court of India reiterated certain important principles on the appreciation of oral evidence of injured eye witnesses during the trial stage.“The evidence of injured witness has greater evidentiary value and unless compelling reasons exist, their statements are not to be discarded lightly”, a Bench of Justices...

'Possible That Police Set Up False Case After Killing Deceased In The Process Of Arrest' : Supreme Court Acquits 4 In 1989 Murder Case

The Supreme Court recently acquitted four persons who were convicted for a murder which happened in 1989. After appreciating the evidence, the Court formed an opinion that the case might have been set up by the police themselves after killing the deceased in the process of arrest(Pulen Phukan & Ors. Versus The State Of Assam).The Court was hearing an appeal challenging a Gauhati High...

Supreme Court Issues Notice In Petition Challenging Ongoing Recruitment Process Of Different CATs

The Supreme Court issued notice in a petition challenging the ongoing recruitment process of Judicial Members for the 19 Central Administrative Tribunals (CATs) across the country. A bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala heard the petition. The petitioner, Additional Advocate General of the State of Himachal Pradesh, Rajinder Singh Dogra,...

Transgender Person Who Underwent Surgery To Change Gender To Female Can File Complaint Under Domestic Violence Act: Bombay High Court

The Bombay High Court recently held that a transgender woman who has undergone sex re-assignment surgery can be an “aggrieved person” under the Domestic Violence Act and has the right to seek interim maintenance in a domestic violence case.Justice Amit Borkar dismissed a man’s petition challenging maintenance awarded to his wife, a trans-woman, observing –“…the Transgender who...

Supreme Court Again Expresses Anguish At Trial Courts Ignoring Its Judgments On Bail; Says Prosecutors Should Also Inform Correct Position

The Supreme Court has yet again expressed its anguish at trial courts dismissing bail applications in violation of its judgments. In this case, after setting aside an order passed by a Magistrate in Bihar, the Court directed that the regular bail application be assigned to another Magistrate. The Court also granted interim protection to the accused till the regular bail application...

Can't Declare Entire Animal Kingdom As Legal Entity With Same Rights As Humans : Supreme Court Dismisses PIL

The Supreme Court dismissed a Public Interest Litigation (PIL) seeking for declaration of the entire animal kingdom, including avian and aquatic species, as "legal entities" having a distinct persona with corresponding rights of a living person. The matter was listed before a bench comprising Justice BR Gavai and Justice Vikram Nath.The bench stated that it could not entertain the petition in...

BREAKING: Gujarat High Court Quashes CIC’s Order Directing Gujarat Varsity To Provide Info On PM Modi’s Degree; ₹25K Imposed On Delhi CM Kejriwal

The Gujarat High Court today quashed and set aside the 2016 order of the Central Information Commission (CIC) directing the Gujarat University to provide “information regarding degrees in the name of Mr. Narendra Damodar Modi" to Delhi Chief Minister Arvind Kejriwal. With this, the bench of Justice Biren Vaishnav allowed the appeal filed by Gujarat University challenging CIC’s order...

Questioning State Is Not 'Anti-National' : Senior Advocate KV Viswanathan Writes About Law Minister's Comments

When India’s Union Law Minister describes retired judges in a rather harsh manner, it is something that cannot be taken lightly. For the Minister to label retired judges who question “state policies” as being “anti-India” elements is not just a case of a flawed understanding of concepts but also a matter of grave concern for citizens.The Minister’s parting shot, based on the erroneous assumption that certain judges are working against India and “will have to pay the price”, was not only...

Board Exams For Classes 5 & 8 : Karnataka Unaided Schools Management Association Withdraws Plea In Supreme Court

The Karnataka Unaided Schools Management Association has withdrawn the petition filed in the Supreme Court challenging the interim order passed by the Karnataka High Court division bench which stayed a single bench decision to stop the State Government's move to hold board exams for Classes 5 and 8.Granting liberty to the petitioner to argue the matter on merits before the High Court, a...

Suit Won't Abate For Not Impleading All LRs Of Deceased Defendant If Estate Was Substantially Represented By Other Defendants : Supreme Court

The Supreme Court has held that a suit will not abate for not impleading all legal representatives of the deceased defendant, if the estate of the deceased was otherwise substantially represented by other defendants on record.Suit can't be held to be abated in the event of death of one of the defendants, when the estate/interest was being fully and substantially represented in the suit jointly...

'There Was Mistake On Part Of This Court' : Supreme Court Recalls Order Disbursing Money To Two Persons In Unitech Case

Recently, the Supreme Court applied the principle of restitution and directed two individuals to return the money disbursed pursuant to its order, from the sale proceeds of Unitech’s land sold to M/s. Devas Global Services LLP. While passing the order of restitution, a Bench comprising CJI DY Chandrachud and Justice MR Shah reiterated the principle enshrined in Indore Development Authority...

[Offer Ends Today] LiveLaw’s Special Holi Offer: 3 Years Premium Subscription At INR 3600 + GST With 6 Months Subscription Free!

Avail LiveLaw's Special Holi Offer! Offer expires at Midnight! Subscribe Now! Buy Three Year Subscription For Just INR 3,600 +GST And Get 50% Discount + 6 Months Subscription Free Visit: livelaw.in/pricing Subscribe to LiveLaw Premium and get access to the following benefits: 1. Unlimited access to our archives, orders, etc. 2. Free copies of judgments with an option...