“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-III]

Q.11 Should the Magistrate allow any time for reflection to the accused before recording his confession under Section 164 Cr.P.C. ? Ans. Yes. Before an accused is asked to make his confession the Magistrates ordinarily allow a period for reflection and remand him to jail custody so as to put him out of the reach of the investigating officer. (Vide Aher Raja Khima v. State of...

Revised Scheme For Engaging Law Clerks In Supreme Court Increases Law Clerks' Remuneration To Rs. 80,000/- Per Month

The scheme for engaging Law Clerk-cum-Research Associates on a short-term contractual assignment in the Supreme Court of India has been revised. As per the revised scheme, Law Clerks will now be paid a consolidated remuneration of Rs. 80,000/- per month for the assignment term. There will be no other allowances or perquisites attached to the term. However, if a Law Clerk is given an...

Supreme Court Weekly Digest With Nominal And Subject/Statue Wise Index (Citations 181 - 210) Part 3 [March 13 – 19, 2023]

SUBJECT WISE INDEXBailEnsure basic essentials such as FIR number, police station are recorded in bail orders: Supreme Court to all High Courts. Ravish Kumar v. State of Bihar, 2023 LiveLaw (SC) 206'Bail can be cancelled if serious offences are subsequently added to FIR': Supreme Court sets aside bail in 'casting couch' case. Ms. X v. State of Maharashtra, 2023 LiveLaw (SC) 205Bhopal...

Suggestions Made By Defence Counsel To Witnesses In Cross Examination If Incriminating Binds Accused: Supreme Court

In a recent case, the Supreme Court held that the suggestion made by the defence counsel to a witness in the cross-examination, if found to be incriminating, would definitely bind the accused. And, the accused can’t get away stating that his counsel had no implied authority to make suggestions in the nature of admissions against his client.This pertinent aspect in Trial was explained by a...

"Marriage Of Opposite Sexes Central To Indian Legal Regime": Jamiat Ulama-i-Hind Opposes Pleas In SC Seeking Recognition For Same-Sex Marriages

Jamiat Ulama-i-Hind, acting through Maulana Mahmood Madani, who has served as a Member of Parliament, has sought intervention in the matter pertaining to the legal recognition for same-sex marriage in India. While opposing the petitions seeking to fit in same sex marriage in the prevailing legal regime of India, Jamiat Ulama-i-Hind has argued that as a legal institution, marriage between...

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-I]

A. SOME GENERAL PRINCIPLES REGARDING “WILLS” Q.1 What is the meaning of “Will”, as generally understood ? Ans. A “will” is usually referred to in combination with a “testament” or a “testamentum” to be known as a “Will and Testament”. It is an instrument made in contemplation of death. A “will” is a testamentary disposition of...

Supreme Court Weekly Digest With Nominal And Subject/Statute Wise Index(Citations 164 - 180) Part 2 [March 6 – 12, 2023]

SUBJECT WISE INDEXAuctionPossession of license to do business in shop does not entitle party to allotment of auction platform as matter of right. Gurjit Singh v. Union Territory, 2023 LiveLaw (SC) 180ConstitutionPetition under article 32 to challenge a binding judgment not maintainable. Vijayalakshmi Jha v. Union of India, 2023 LiveLaw (SC) 179ContemptCourts should not summon the appearance...

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...