“Confession” And “Statement” Under Section 164 CrPC- Questions & Answers By Justice V. Ramkumar [Part-IV]

Q.16 If the accused expresses his unwillingness to confess, is there any duty on the part of the Magistrate to liberate the accused from Police custody ? Ans. Yes. That is precisely what Section 164 (3) Cr.P.C. enjoins. Q.17 Should the proceedings of the Magistrate recording the confession be in open Court and during Court hours ? Ans. Yes. The Magistrate should...

PIL In Supreme Court Seeks Inquiry Into Killings Of Atique Ahmed, Ashraf & 183 Encounters In UP By A Panel Led By Former SC Judge

A PIL plea has been moved before the Supreme Court seeking constitution of an independent expert committee under the chairmanship of a retired SC Judge to inquire into the killing of Atique Ahmed and his brother Ashraf by 3 assailants on Saturday while they were in police custody.The PIL plea, filed by Advocate Vishal Tiwari also seeks an inquiry into the 183 encounters which have occurred in...

Enable Voters To Verify Votes Have Been ‘Recorded As Cast’ & ‘Counted As Recorded’ : Plea In Supreme Court

The NGO Association for Democratic Reforms, has filed a petition in the Supreme Court through Advocate Prashant Bhushan seeking a declaration that is the fundamental right of every voter to verify that their vote has been ‘recorded as cast’ and ‘counted as recorded’.The petition seeks appropriate changes in the Voter Verified Paper Trail (VVPAT) mechanism to enforce this...

ADR Moves Supreme Court Challenging Appointment Of Arun Goel As Election Commissioner

A Public Interest Litigation (PIL) has been filed in the Supreme Court challenging the appointment of Arun Goel as Election Commissioner on the ground that the appointment is arbitrary and violative of institutional integrity and independence of Election Commission Of India and hence in violation of Article 14 and Article 324(2) of the Constitution of India read with Section 4 of...

BREAKING | Same-Sex Marriage Recognition : Supreme Court Notifies Composition Of 5-Judge Bench Hearing Marriage Equality Petitions

The Supreme Court has notified the composition of the 5-judge bench which will hear a bunch of petitions seeking legal recognition for same-sex marriage.The bench will have - Chief Justice of India DY Chandrachud, Justice Sanjay Kishan Kaul, Justice Ravindra Bhat, Justice Hima Kohli and Justice PS Narasimha. The bench will start hearing the cases from April 18.It was on March 13 that a...

A Letter To Prime Minister Modi From Senior Advocate Dushyant Dave

Even 75 years after independence, minority communities are facing harassment as fringe elements connive with the police and there is a stoic silence from the judiciary, senior advocate Dushyant Dave wrote in a letter to PM Modi

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

Q.6 Who is a “minor” in the context of a Muslim gift ? Ans. Under the pristine Mahomedan Law a Muslim who had attained the age of 15 years was competent to make a valid disposition of his property. (Vide Volume 1 – Pages 42 and 43 of the 4th Edition (1912) of Mohammedan Law by Ameer Ali). But this rule of Mahomedan Law has been superseded by the provisions of the...

'Unintentional Mistake': Supreme Court Remarks In "Mr Put Mine, Advocate" Matter

The Supreme Court, in suo-moto proceedings initiated in the matter of an Advocate whose name was recorded as “Mr. Put Mine, Advocate” in the record of proceedings, remarked that the incident was an unintentional mistake.The incident garnered a lot of attention as a picture of the record of proceedings was widely circulated on WhatsApp and other social media platforms. The bench...

Mediate, Don’t Litigate: CJI DY Chandrachud’s Message to Union Govt to ‘Declog’ Courts

When the government mediates, it sends a message that it is not an adversarial opponent to the citizens of India, the Chief Justice of India said.

“Law Of Wills”- Questions & Answers By Justice V Ramkumar [Part-III]

Q.11 Is it open to a Muhammadan to contend that Part VI of the Indian Succession Act does not apply to testamentary succession to the property of Muhammadans ? Ans. Yes. Section 58 (1) in Chapter I of Part VI of the Indian Succession Act, 1925 declares that the provisions of Part VI of the said Act shall not apply to testamentary succession to the property of Muhammadans. This...

SARFAESI | Bank Can't Forfeit Deposit Made After Auction Purchase When Bidder Wasn't Informed Of Challenge Pending Against Sale : Supreme Court

The Supreme Court has granted relief to an auction purchaser by directing the refund of the deposit made by him, which was forfeited by the bank by invoking Rule 9(5) of Security Interest (Enforcement) Rules, 2002.Rule 9(5) enables the bank to forfeit the deposit amount on default of the auction purchaser to deposit the balance bid amount within the stipulated time. In this case, the...

"It Is Extremely Close To My Heart, Supreme Court To Have New Annexe Building":CJI DY Chandrachud Assures Bar On Shortage Of Spaces

"We are planning to address this severe shortage of space in the Supreme Court by putting up a new annexe building," Chief Justice of India DY Chandrachud revealed while speaking at the SCBA-organised felicitation function for the 8 newly-appointed judges.CJI said the primary emphasis in the new building being designed by PWD is to provide adequate space to the most important stakeholders of...