Supreme Court Reiterates Ban On Two-Finger Test; Says It's Based On Patriarchal Mindset That Sexually Active Women Can't Be Raped

The Supreme Court on Monday reiterated its prohibition on the "Two-Finger Test" in rape cases and warned that persons conducting such tests will be held guilty of misconduct.It is regrettable that "two-finger test" continues to be conducted even today, a bench comprising Justices DY Chandrachud and Hima Kohli lamented while restoring the conviction in a rape case."This court has time and...

Supreme Court Quashes Criminal Defamation Case Against Aroon Purie, Former India Today Chief Editor

Supreme Court bench comprising Chief Justice UU Lalit, Justices Ravindra Bhat and Bela M Trivedi granted relief to Aroon Purie, founder-director of India Today in defamation suit. The petition was filed by Aroon Purie challenging the criminal defamation complaint filed over a 2007 news article "Mission Misconduct" in India Today magazine. However, the court did not grant relief to the author...

Citizenship Amendment Act -CAA-Supreme Court Hearing- LIVE UPDATES

Supreme Court to hear TODAY the petitions challenging the Citizenship Amendment Act, 2019. The matter to be heard by a bench comprising Chief Justice UU Lalit, Justices Ravindra Bhat and Bela M. TrivediThe 2019 Act amends the Citizenship Act 1955 to liberalize the norms for granting citizenship to non-Muslim migrants from Pakistan, Bangladesh and Afghanistan. The petitions filed by the...

Supreme Court Weekly Roundup [October 24 to October 30]

JUDGMENTS THIS WEEKPunjab Village Common Lands (Regulation) Act- Any Dispute With Respect To Mutation Entry Can Only Be Before Revenue Authorities : Supreme CourtThe Supreme Court bench comprising of Justices MR Shah and MM Sundresh observed that any dispute with respect to mutation entry can only be before the revenue authorities only.This observation is in the context of Section 13 of...

Legal Profession Is Public Service, Lawyers Must Meaningfully Engage With Society: Justice Sanjay Kishan Kaul

Justice Sanjay Kishan Kaul delivered the inaugural lecture at the 'First Annual Lecture Series' organised by Gauhati High Court Itanagar Permanent Bench Bar Association (GHCIPBBA) in association with Tewari & Associates at WAII International, Itanagar. The event was presided over by Union Law Minister Kiren Rijiju. At the very outset, Justice Kaul underlined the importance of the concept...

Supreme Court Issues Guidelines On Disposing Cases Through Plea Bargaining, Compounding Of Offences & Probation Of Offenders Act

The Supreme Court, in an order passed last month, issued the following guidelines for disposal of criminal cases by resorting to the triple method of plea bargaining, compounding of offences and under the Probation of Offenders Act, 1958.As a pilot case, one Court each of Ld. Judicial Magistrate 1st Class, Ld. ACJM or CJM, and Court of Sessions in each district may be selected. The said...

Marriage With Minor Muslim Girl Contravenes 'Prohibition Of Child Marriage Act': Karnataka High Court

While dealing with the bail plea of a man who married a minor Muslim girl, the Karnataka High Court recently rejected the argument that a minor Muslim girl's marriage upon attaining puberty (15 years of age) will not contravene The Prohibition Of Child Marriage Act, 2006.The Bench of Justice Rajendra Badamikar further observed that POCSO Act is a Special Act and it overrides personal law and...

Land Acquisition Act 1894 - Is Time Frame U/Section 11A Applicable To Acquisition Initiated By Invoking Urgency Provision U/Section 17? Supreme Court Answers

A Three Judges Bench of the Supreme Court, in a judgment delivered recently, answered a reference made to it on the issue whether the time frame contemplated under Section 11A of Land Acquisition Act 1894 is applicable to acquisition initiated by invoking urgency provision under Section 17.Section 11A and 17 Land Acquisition ActSection 11A provides that the award under section 11...

Extra Judicial Confession Of A Co-Accused Cannot Be Relied On As Substantive Evidence ; It's Only A Corroborative Piece Of Evidence : Supreme Court

The Supreme Court observed that the extra judicial confession of a co­-accused could not be relied on as substantive evidence.The confession of a co­ accused could be used only in support of the evidence and could not be made a foundation of a conviction, the bench of CJI UU Lalit and Justice JB Pardiwala observed.The bench observed thus while allowing the appeal filed by a...

Courts Should Refrain From Expressing Value Judgments And Policy Views In Order To Interpret Statutes: Supreme Court

The Supreme Court observed that the Courts should refrain from expressing value judgments and policy views in order to interpret statutes.Statutes are to be read in their plain language and not otherwise, the bench of Justices Hemant Gupta and Vikram Nath observed.In this case, the land acquisition by KIADB was for two companies viz. M/s MSPL Ltd. and M/s AARESS Iron and Steel Ltd. [AISL is...

Supreme Court Quarterly Complete Criminal Digest [July - September 2022]

Bail - Economic Offences - The gravity of the offence, the object of the Special Act, and the attending circumstances are a few of the factors to be taken note of, along with the period of sentence. After all, an economic offence cannot be classified as such, as it may involve various activities and may differ from one case to another - It is not advisable on the part of the court...

Karnataka Industrial Area Development Board Can Acquire Land For A Single Company To Set Up An Industry: Supreme Court

The Supreme Court observed that there Karnataka Industrial Area Development Board KIADB can acquire lands for a single company to set up an industry.In this case, the land acquisition by KIADB was for two companies viz. M/s MSPL Ltd. and M/s AARESS Iron and Steel Ltd. [AISL is fully owned subsidiary of MSPL]. Allowing writ appeal filed by a land owner, the Karnataka High Court...