Order Granting Bail Requires Exercise Of Discretion In Judicious Manner On Application Of Settled Parameters: Supreme Court Reiterates

The Supreme Court has reiterated that grant of bail, though a discretionary order, requires such discretion to be exercised in a judicious manner and on the application of certain settled parameters.The bench of Justices Sanjiv Khanna and Bela M Trivedi was considering SLP assailing Bombay High Court's order dated September 6, 2021 wherein the High Court had granted bail to Mohammad...

Eye Witness's Evidence Cannot Be Discarded Merely Because He Did Not Intervene When Deceased Was Attacked: Supreme Court

The Supreme Court observed that evidence of an eye witness cannot be discarded only for the reason that he allegedly did not raise any alarm or did not try to intervene when the deceased was being attacked.The court observed thus while dismissing an appeal filed by an accused who was concurrently convicted in a murder case of offences under Section 302 IPC and Sections 25 and 27 of the Arms...

Section 207 CrPC - Accused Can Be Given Copy Of Protected Witness's Statement With Identity Redacted : Supreme Court

On Friday, the Supreme Court held that even for protected witnesses declared so under Section 173(6) of the Code of Criminal Procedure, 1973 ("Cr.P.C.) read with Section 44 of the Unlawful Activities (Prevention) Act, 1967 ("UAPA"), the accused can exercise their right under Sections 207 and 161 of the Cr.P.C to obtain copies of their redacted statements which would ensure that the identity...

No Offence Of Abetment Under Section 14C Of Foreigners Act If There Was No Awareness About Visa Status Of Foreigners : Supreme Court

Mere passivity and insouciance will not tantamount to offence of abetment, the Supreme Court observed while quashing prosecution of an Engineer under Foreigners Act.In this case, the appellant, while working as Senior Engineer (Construction) with Sprng Energy Private Limited allegedly facilitated visit by the two Chinese citizens who were on tourist visas to Rewa Solar Plant Project site....

Boost Given By Judiciary To IPR Has Encouraged More Patents, Copyrights : Finance Minister Nirmala Sitharaman

Speaking at the National Seminar on Adjudication of IPR Disputes in India, the Minister of Finance and Corporate Affairs Nirmala Sitharaman on Saturday said that the idea of supporting Intellectual Property Rights in India had to be encouraged in many different ways which was duly recognised by the Government of India."India's jurisprudence is very evolved that today handling a complex and...

Idea That Intellectual Property Is An Elitist Field Of Law Is Completely Misplaced : Justice Prathiba M Singh

Speaking at the National Seminar on Adjudication of IPR Disputes in India, Justice Prathiba M Singh, judge of the Delhi High Court, said on Saturday that it is a misplaced notion that intellectual property is an elitist field of law."The idea that intellectual property is an elitist field of law is completely misplaced. More than 80% of trademarks which are registered in our country belong...

Stronger Enforcement Provisions Against IPR Infringement Needed : CJI NV Ramana

Speaking at the National Seminar on adjudication of IPR disputes in India, the Chief Justice of India NV Ramana on Saturday said that there was a need for stronger action against acts of infringement of intellectual property rights."Provisions for stronger enforcement and action against infringement are the need of the hour", CJI Ramana said.He also pointed out that the the vesting back of...

Supreme Court Deprecates Impleading Judges In Petition Challenging Grant Of Bail; Imposes Cost

The Supreme Court recently dismissed a writ petition challenging bail granted to the accused(s) with cost of Rs 5000 for impleading the judge that granted bail.The bench of Justices Vineet Saran and CT Ravikumar while deprecating the petitioner's conduct to implead the Magistrate in their order said, "Firstly, we see no reason why the petitioner should have filed this writ petition...

Supreme Court Dismisses Judicial Officer's Article 32 Petition Challenging Seniority List

The Supreme Court recently dismissed a writ petition filed by a judicial officer from Madhya Pradesh, who is set to retire on May 31, 2022, raising a seniority dispute.While refusing to entertain the grievance on the count of seniority at a belated stage, the Supreme Court has observed that the mere filing of a representation cannot obviate the delay of well over 19 years of taking recourse...

Slums In Railway Lands : Supreme Court Seeks Status Report From Centre On Eviction

The Supreme Court on Friday granted Railways two weeks time to file a status report regarding follow up steps taken by the department with regard to eviction of slum dwellers for reclaiming the Railway Property, particularly in Delhi.A bench of Justices AM Khanwilkar and CT Ravikumar, which was considering special leave petitions assailing Gujarat and Punjab and Haryana High Court(s)...

Supreme Court Issues Notice On Plea Challenging Residential Requirement For NRIs In DASA Information Brochure

On Friday, the Supreme Court issued notice in the plea assailing the condition in the Direct Admission to Student Abroad programme ("DASA") Information Brochure mandating Indian Nationals to complete at least two years of education, inclusive of 11th and 12th or equivalent (not beyond), in a Foreign Country during the last eight years and further mandating passing the qualifying...

Conditions In Slum Rehabilitation Scheme Can't Be Waived, Supreme Court Tells Evicted Slum-dwellers

While hearing the special leave petitions assailing Gujarat High Court(s) demolition order, the Supreme Court on Friday observed that if a requirement of a scheme is an essential requirement, the question of condoning that requirement does not arise.Considering the problems faced by the desirous persons who were being denied opportunity to apply owing to insistence of authorities to comply...