Pre-Hearing Costs Must Be Imposed In Commercial Matters To Avoid Frivolous Petitions, Says CJI DY Chandrachud

Chief Justice DY Chandrachud, while holding court on Monday, orally remarked that it was time to impose pre-hearing costs in commercial cases to prevent frivolous matters involving commercial issues to be argued before the Supreme Court of India.While remarking that such frivolous commercial matters wasted a lot of the Court's time and needed to be clamped down upon, CJI Chandrachud...

No Lunch Break For Advocates As Benches Rise At Different Times : CJI DY Chandrachud Agrees To Discuss The Issue At Full Court Meeting

'On Monday, The Chief Justice of India DY Chandrachud was made aware of issue pertaining to benches rising for lunch at different times on miscellaneous days on Monday.The issue was raised by Senior Advocate Mukul Rohatgi who stated that the issue created problems for the members of the bar who could not each lunch at times due to different benches of the Supreme Court of India following...

2012 Chhawla Rape-Murder Case : Parents Of Victim Approach Supreme Court Seeking Review Of Judgment Acquitting 3 Accused

A review petition has been filed in the Supreme Court against the November 7 judgment which acquitted 3 men who were sentenced to death in the 2012 Chhawla rape case related to the gangrape and murder of a 19-year old girl. The parents of the victim have filed the review petition stating that many crucial facts were not brought to notice before the top court and certain facts were...

Supreme Court Directs Centre To Examine Lack Of Uniformity In Rules On Cadaveric Organ Transplant Across States

The Supreme Court on Monday, directed the Union Ministry of Health and Family Welfare to expeditiously examine the lack of uniformity in rules regarding cadaveric organ transplant across states with the Transplantation of Human Organs and Tissues Rules, 2014. The direction was issued in a petition seeking issuance of appropriate directions to State Governments for regulation and monitoring or...

"India Is A Secular Country" : Supreme Court Dismisses PIL Seeking To Declare Sri Sri Thakur Anukulchandra as "Paramaatma" With Rs 1 Lakh Cost

Remarking that "India is a secular country", the Supreme Court on Monday dismissed a petition which sought to declare Sri Sri Thakur Anukul Chandra as 'Paramaatma'."India is a secular country and the petitioner cannot be permitted to pray that the citizens of India may accept Sri Sri Thakur Anukul Chandra as Paramaatma (supreme spirit)", the bench observed in the order.A bench comprising...

"Not Here To Reopen History" : Supreme Court Refuses To Entertain PIL Seeking To Remove "Wrong Facts" About Taj Mahal From History Books

The Supreme Court on Monday refused to entertain a petition which sought directions to the ASI to determine the "correct age" of Taj Mahal and to remove "wrong facts" from history books regarding the monument."What kind of PIL is this?", a bench comprising Justices MR Shah and CT Ravikumar asked. The bench asked how will the court decide if the historical facts are right or wrong.The...

Questions & Answers By Justice V. Ramkumar- Investigation By Police-PART XI

A1. INVESTIGATION BY THE POLICE – Part XIQ.51 Is evidence collected by improper or illegal means, admissible ? Ans. Yes, if it is relevant and its genuineness stands proved. However, Court may be cautious while scrutinizing such evidence. (Vide – Pooran Mal v. Director of Inspection (Investigation) (1974) 1 SCC 345 = AIR 1974 SC 348 – 5 Judges – A. N. Ray – CJI, D....

District Magistrate's Nod For Religious Conversion A Precautionary Measure; Protects Women & Backward Classes : Gujarat Govt Tells Supreme Court

The requirement of obtaining permission from district magistrates before conversion is designed to shield against forcible conversions and protect the freedom of conscience, submitted the Gujarat government in an affidavit. Such steps stipulated by the state's anti-conversion law, key provisions of which were held in abeyance by the High Court in 2021, were "precautions" to ensure that...

Electoral Bonds - Finance Ministry Allowed Additional Sale Window Overruling Objections By Certain Officials : ADR Tells Supreme Court

The Centre's recent notification amending the Electoral Bonds Scheme to allow an additional window of 15 days for the sale of the bonds was issued overruling the objections raised by certain officials of the Ministry of Finance and Ministry of Law & Justice, stated the NGO Association for Democratic Reforms in a supplementary affidavit filed before the Supreme Court.On November 7, 2022,...

CJI DY Chandrachud Constitutes "Supreme Court Committee On Accessibility" To Ensure Access For Persons With Disability In Justice System

The Chief Justice of India Justice DY Chandrachud has called for a comprehensive Accessibility audit of the Supreme Court premises. The aim of the audit is to ensure accessibility in the justice system and understand the hardships faced by the specially-abled persons in their interface with the Supreme Court of India. On December 3 2022, which is the International Day of Persons...

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...