Supreme Court Dismisses As Withdrawn Plea To Ban Political Parties With Religious Names & Symbols; Gives Liberty To Move HC

The Supreme Court of India on Monday allowed the withdrawal of a petition seeking the ban of political parties which use names and symbols with religious connotations."The appearing counsel seeks permission to withdraw the present petition with the liberty to approach the high court. Writ petition stands dismissed as withdrawn, with the above liberty. We have not expressed anything on merits...

Plea Challenging Anand Mohan's Premature Release : Supreme Court To Hear On May 8 Plea Of Slain IAS Officer's Wife

The Supreme Court on Monday agreed to hear on May 8 a petition filed challenging the decision of the Bihar Government to grant premature release to former Bihar MP Anand Mohan in the case for the mob lynching of Gopalganj District Magistrate G Krishnaiah in 1994.The petition was filed by Uma Krishnaiah, the widow of District Magistrate G Krishnaiah, who was killed after an attack by a mob led...

'Anti-Conversion Laws Prone To Misuse Against Minorities; No Forceful Conversions In State For Many Years': TN Govt To Supreme Court

Responding to a PIL filed to direct the Law Commission of India to prepare a draft on anti-conversion law, the Tamil Nadu Government has submitted before the Apex Court that Anti-conversion laws are prone to misuse against minorities. The PIL filed by BJP leader Ashwini Upadhyay has also sought for a direction to the government to take steps to control forceful or fraudulent...

'Irretrievable Breakdown of Marriage' A Ground To Dissolve Marriage Invoking Article 142 Powers : Supreme Court

In a significant verdict, a Constitution Bench of the Supreme Court on Monday held that it can invoke its special powers under Article 142 of the Constitution of India to grant divorce on the ground of irretrievable breakdown of marriage, which is not yet a statutorily recognised ground."We have held that it is possible for this court to dissolve marriage on the ground of irretrievable...

Recent Acquittals From Supreme Court Reflect Deep Malaise In Our Criminal Trial System

"Every acquittal should be understood as a failure of the justice delivery system, in serving the cause of justice. Likewise, every acquittal should ordinarily lead to the inference, that an innocent person was wrongfully prosecuted" - Supreme Court in State of Gujarat vs Kishanbhai (2014)A series of orders passed by the higher courts recently, acquitting convicts in murder cases after finding serious deficiencies in the judgments of the trial courts, call for a serious introspection about our...

Hiba: Gift Under Muslim Law- Questions & Answers By Justice V Ramkumar [Part-III]

Q.10.2 What is the position if in spite of a gift of the “corpus” the donor retains dominion over the “corpus” ? Ans. Where the donor retains possession of the “corpus” in his own right despite the gift and reserves to himself the right to enjoy the same, such a gift would be invalid. (See – K. S. Mahomed Aslam Khan v. Khalilul Rehman Khan and Others,...

Pension : Supreme Court Rejects Claim Of Employees To Count Entire Period Of Work-Charged Service For Pension

The Supreme Court has recently held that service rendered as work charged employee cannot be counted for the purpose of pension. The Court refused to accept a plea to consider the entire period of work charged service as service for computing pension and upheld a rule framed by the Bihar Government by which the work-charged service will be counted only to the extent of shortfall in...

Specific Relief Act | Action To Cancel Instrument Under Section 31 Is Not Action In Rem : Supreme Court

The Supreme Court reiterated that an action instituted under Section 31 of the Specific Relief Act, 1963 for cancellation of an instrument is not an action in rem. It means that the cancellation of instrument as per this section will bind only the parties to the proceedings and will not operate universally against everyone.A bench comprising Justices Abhay S Oka and Rajesh Bindal made...

Supreme Court Quarterly Digest On Code Of Criminal Procedure [Jan – Mar, 2023]

Code of Criminal Procedure, 1973 – Remand - There seems to be a practice followed by Courts to remand the accused to custody, the moment they appear in response to the summoning order. The correctness of such a practice has to be tested in an appropriate case. (Para 10) Mahdoom Bava v. Central Bureau of Investigation, 2023 LiveLaw (SC) 218Code of Criminal Procedure, 1973 - High Courts...

Supreme Court Weekly Round Up (17th April to 23rd April 2023)

With another week gone at the Supreme Court of India, Live Law is back with its Supreme Court Weekly Digest to keep our readers up to date with the latest legal developments in the Apex court of the country.Judgments/OrdersOrder VII Rule 11 CPC - Inconsistencies In Plaint Averments Not A Sufficient Reason To Reject Plaint : Supreme Court[Case Title: G. Nagaraj v. BP Mruthunjayanna| Citation:...

Fake News Affects Democracy; Self Regulation By Electronic Media Ineffective : Supreme Court Judge Justice BV Nagarathna

Justice BV Nagarathna, speaking at the Seema Nazareth Award organised by the Business Standard, called for a regulatory mechanism for the "new age of journalism" popularised after the onset of digital media. While stating that fake news could rock the bedrock of democracy and that it was necessary to shun prejudice in news reports, Justice Nagarathna remarked that self-regulation by...

Supreme Court Allows Aid Of Scribe For Judicial Services Aspirant With Writer's Cramp

In a plea filed by an aspirant of Uttarakhand Judicial Service Civil Judge (Preliminary) Examination who was suffering from a writer's cramp and was denied a scribe for the examination, the Supreme Court directed the Uttarakhand Public Service Commission to ensure that a scribe is made available to the petitioner. The direction was passed by a bench comprising CJI DY Chandrachud and Justice...