Supreme Court Monthly Digest November 2022

Supreme Court Bans Two-Finger Test; Says It's Based On Patriarchal Mindset That Sexually Active Women Can't Be RapedState of Jharkhand vs Shailendra Kumar Rai @ Pandav Rai | 2022 LiveLaw (SC) 890 | CrA 1441 of 2022The Supreme Court on Monday prohibited "Two-Finger Test" in rape cases and warned that persons conducting such tests will be held guilty of misconduct. It is regrettable...

Supreme Court Weekly Round up [November 28- December 4]

JUDGMENTS OF THE WEEKSection 45(4) Of Income Tax Act Applicable To Cases Of Subsisting Partners Of A Partnership Transferring The Assets In Favour Of A Retiring Partner: Supreme CourtThe Commissioner of Income Tax v. M/s. Mansukh Dyeing and Printing Mills | 2022 LiveLaw (SC) 991A Supreme Court bench comprising Justices M.R. Shah and M.M. Sundresh held that Section 45(4) of the Income Tax Act...

E-committee Of Supreme Court Awarded The National Award For Institutions Engaged In Empowering Persons With Disabilities, 2021

The Supreme Court of India's e-committee has been awarded the National Award for institutions engaged in empowering persons with disabilities, 2021. R Arulmozhiselvi, Member (human resources) recieved the award on behalf of the e-committee from the president.The patron-in-chief and Chairperson for the e-committee is Chief Justice of India Dr Justice D.Y. Chandrachud. CJI Chandrachud has...

Courts This Week-A Weekly Round Of Important Legal Developments In The Courtry [Episode 141]

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16-18 Year Olds In Romantic Relationships Know What They're Doing, Why Should We Prosecute Them: Justice Madan Lokur On POCSO Cases

Justice Madan B. Lokur, former judge of the Supreme Court, on Saturday said that there is a need for evolving a separate procedure for children while dealing with POCSO cases and also for the judiciary to engage in the process of case management to expedite decisions in such matters.Justice Lokur was speaking at an event organized by Delhi Commission for Protection of Child Rights (DCPCR)...

Indian Constitution Is A Feminist, Egalitarian, Socially Transformative Document: CJI DY Chandrachud

The Indian Constitution was a feminist document, as well as an egalitarian socially transformative document in that it marked a stark departure from the colonial and post-colonial legacy by introducing universal adult franchise to the marginalised and the dispossessed sections of the people right from its inception, Chief Justice D.Y. Chandrachud said on Friday. He noted with pride,...

Cannot Deny Appointment Merely Because Candidate Was Tried For Offence U/S 498A IPC If He Was Acquitted: Supreme Court

The Supreme Court directed appointment of a candidate whose candidature was rejected on the ground that he was tried for the offence under Section 498A IPC.Pramod Singh Kirar applied for the post of Constable in the year 2013 and was found eligible to be appointed as Constable. In the verification form itself he declared that he was tried for the offence under Section 498A IPC earlier and...

DRT Member Facing Lawyers' Protest Gets Relief; Supreme Court Allows Him To Decide Matters On Merits, Advises To Avoid Confrontation

On Friday, the Supreme Court modified a Punjab & Haryana High Court order which restrained a Judicial member of the Debts Recovery Tribunal from passing adverse orders in pending matters. The High Court passed the order in a petition filed by DRT Bar Association, which alleged that the judicial member had been behaving rudely with lawyers.A Bench of Justices MR Shah and CT Ravikumar...

Supreme Court Monthly Criminal Digest November 2022

CBI Investigation - Keralite Medical Student Death in Mangaluru in 2014 - Writ petition filed by his father seeking CBI investigation - Allowed - It appears prima facie that it is not a case of simple accident as opined by the Investigating Agency - CID, Bengaluru has failed to perform its duty by not thoroughly investigating the case and tried to find out the truth - It is unheard of...

Supreme Court To Hear Bail Applications Of Godhra Train Burning Case Convicts On December 15

The Supreme Court on Friday (December 2) agreed to hear on December 15 the bail applications of 15 convicts in the 2002 Godhra train burning case. A bench comprising Chief Justice of India DY Chandrachud and Justice PS Narasimha asked the State of Gujarat to specify the individual roles of the convicts , based on which their applications for bail can be considered.The bench also noted that all...

Power Of The People Was Undone, World Doesn't Know Of Any Such Instance : Vice President Jagdeep Dhankhar On NJAC Verdict

The Vice President of India Jagdeep Dhankhar on Friday on Saturday rang a note of caution about the incursion of any one organ of the government into the exclusive preserves of the others. In what appeared to be a pointed response to the rejection of the proposed National Judicial Appointments Commission (NJAC) by the highest court of the land, the Vice President asked whether the "ordainment...

Order 33 Rule 1 CPC - Application To Sue As Indigent Can Be Rejected If It Is Found That The Suit Is Barred By Res Judicata : Supreme Court

The Supreme Court observed that an application to sue as indigent under Order XXXIII Rule 1 of Code of Civil Procedure can be rejected if it is found that the suit is barred by res judicata.In this case, the plaintiffs filed an application to permit them to sue as indigent persons under Order 33 rule 1 CPC. The said application was dismissed by the Trial Court on the ground that the suit...