Right To Protest Not Lost Merely Because Same Issue Is Pending Before A Constitutional Court : Andhra Pradesh HC

The Andhra Pradesh High Court observed in a recent case that a petitioner will not be deprived of the right to protest on an issue merely because he has approached a constitutional court on the same subject matter.In a recent writ petition before the Andhra Pradesh High Court, Justice Ahsanuddin Amanullah and B.S. Bhanumathi in obiter said: "Approaching a constitutional court for...

Indefinite Adjournment Of Anticipatory Bail Plea, That Too After Admitting It, Detrimental To Personal Liberty : Supreme Court

"When an application for anticipatory bail was listed before the learned Single Judge, which was also accompanied by an application for ad-interim relief, the learned Judge should have decided the same one way or the other, so far as the ad-interim prayer or should have taken up for consideration after giving some reasonable time to the Stat."

Section 34 IPC Not Attracted When Final Outcome Or Offence Committed Is Distinctly Remote And Unconnected With Common Intention : Supreme Court

The Supreme Court observed that Section 34 of the Indian Penal Code does not attract when the final outcome or offence committed is distinctly remote and unconnected with the common intention.A co-perpetrator, who shares a common intention, will be liable only to the extent that he intends or could or should have visualized the possibility or probability of the final act, the bench...

Consumer Complaint Against Telecom Companies Maintainable : Supreme Court Dismisses Appeal Filed By Vodafone - Idea

The Supreme Court held that consumer complaint against telecom companies is maintainable before Consumer forum/Commission.The three judges bench comprising Justices DY Chandrachud, Surya Kant and Vikram Nath observed that the existence of an arbitral remedy under the Indian Telegraph Act, 1885, will not oust the jurisdiction of the consumer forum.In this case, a consumer complaint before...

Delay By Itself Cannot Veto A Writ Petition Under Article 32 When Fundamental Rights Are Clearly At Stake : Supreme Court

While quashing notification issued by Bihar Government that approved issuance of Scheduled Tribe Caste certificate to Lohar community, the Supreme Court observed that that the delay by itself cannot be used as a weapon to Veto an action under Article 32 when violation of Fundamental Rights is clearly at stake.In this case, Sunil Kumar Rai and others approached the Apex Court challenging...

'Lohar Is Not Same As Lohara': Supreme Court Quashes Bihar Govt. Notification That Approved Issuance Of Scheduled Tribe Caste Certificates To Lohar Community

The Supreme Court quashed a notifications issued by Bihar Government that approved issuance of Scheduled Tribe Caste certificate to Lohar community."Lohar is not same as Lohara. Including Lohars alongside 'Lohara' is clearly illegal and arbitrary", the bench comprising Justices KM Joseph and Hrishikesh Roy observed.The court noted that Lohars were not included as members of the Scheduled...

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...