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Supreme Court Monthly Criminal Digest: December 2022
Code of Criminal Procedure 1973; Section 319 - Power has to be excercised before the conclusion of the trial, which means before the pronouncement of the judgment. (Para 33) Sukhpal Singh Khaira v. State of Punjab, 2022 LiveLaw (SC) 1009 Code of Criminal Procedure 1973; Section 319 - Supreme Court Constitution Bench issues elaborate guidelines on the exercise of powers to...
Kali Poster Row : Filmmaker Leena Manimekalai Moves Supreme Court Seeking To Quash Multiple FIRs
Filmmaker Leena Manimekalai has filed a writ petition in the Supreme Court challenging the multiple FIRs registered against her in various states over the poster of her documentary titled "Kaali". The petitions seek to quash the multiple FIRs registered in Delhi, Uttar Pradesh, Madhya Pradesh andUttarakhand on complaints against the same poster, which showed Manimekalai herself dressed as the...
Closing The Gates To Education: Violations Of Rights Of Muslim Women Students: PUCL’s Report On Hijab Ban
On 31st December, 2021, Government Girls PU College, Udupi imposed a sudden restriction on the hijab inside classrooms. The college enforced this restriction in the absence of any rule, resolution or guideline. The college uniform was a blue coloured chudidhar with dupatta, and they prohibited students from using the dupatta as a headscarf. Six students protested the move by sitting...
Exclusion Of 'Old Indian Settlers' From Definition Of Sikkimese In Section 10(26AAA) Income Tax Act Unconstitutional: Supreme Court
The Supreme court held that the exclusion of old Indian settlers, who have permanently settled in Sikkim prior to merger of Sikkim with India on 26.04.1975 from the definition of “Sikkimese” in Section 10(26AAA) of Income Tax Act is unconstitutional .The bench of Justices M R Shah and B V Nagarathna held that these old indian settlers, irrespective of whether his/her name is recorded in...
Supreme Court Annual Digests 2022- Indian Penal Code
Penal Code, 1860 - Appeal against judgment of Allahabad HC which acquitted accused by setting aside conviction recorded by Trial Court under Section 302 and 148 IPC - Partly allowed - Accused convicted under Section 304 Part I r/w Section 149 IPC and for the offence under Section 148 IPC. State of Uttar Pradesh vs Subhash @ Pappu, 2022 LiveLaw (SC) 336 : AIR 2022 SC 1651 : (2022) 6...
Justice Nagarathna Disagrees With Justice MR Shah In Two Civil Appeals
On January 13, Supreme Court judge Justice Nagarathna delivered two judgments expressing disagreement with the views expressed by her senior colleague Justice MR Shah in two cases.Both cases were civil appeals. The first one, C Haridasan versus Anappath Parakkattu Vasudev Kurup was an appeal arising from a judgment of the Kerala High Court which set aside the decree of specific performance...
'Reasonable Time Should Be Given For Investigation' : SC Sets Aside Madras HC Order Quashing FIR Against YouTuber Maridhas In 4 Days
The Supreme Court has set aside an order of the Madurai Bench of the Madras High Court which had quashed criminal proceedings registered against YouTuber Maridhas Malaichamy for an alleged tweet.In an order passed on January 9, but uploaded yesterday, the Court observed that the High Court acted in "haste", without giving adequate time for the investigating agency.Criticising the High...
Supreme Court Constitutes 'Case Categorisation Advisory Committee' Headed By Justice PS Narasimha
The Supreme Court has constituted a committee called the "Case Categorisation Advisory Committee" for re-visiting the existing framework related to the categorisation of judicial matters according to the subject categories. The committee is headed by Justice PS Narasimha. Senior Advocate Aruneshwar Gupta, Mr K Parameshwar, AOR, Mr Gaurav Agarwal, AOR, and Ms Vanshaja Shukla, AOR – are...
Live Streaming | Keen On Having A Uniform Platform For All Courts : CJI DY Chandrachud
Chief Justice of India DY Chandrachud on Friday said that the efforts are being made for a uniform platform for live-streaming of Courts. At present, the live-streaming of proceedings of Constitution Bench hearings in the Supreme Court and also various High Courts are done through the respective YouTube channels of these Courts. A bench comprising Chief Justice DY Chandrachud and Justice...
Health And Wellness Centre Inaugurated In Supreme Court
A “Health and Wellness Centre” for the staff was inaugurated in the Additional Building Complex, Supreme Court of India today. The Wellness centre was a part of the initial plan of the Additional building but had not executed so far. At the initiative of the Hon’ble the Chief Justice of India, Dr Justice Dhananjaya Y Chandrachud, the Health and wellness centre was opened to promote focus...
Uniform Marriage Age For Men & Women | Supreme Court Transfers Plea To Itself From Delhi High Court
The Supreme Court of India on Friday transferred petitions pending before the Delhi High Court seeking uniform age of marriage for both men and women to itself. The matter was heard by a bench comprising Chief Justice DY Chandrachud and Justice PS Narasimha. The petition was filed by lawyer Ashwini Kumar Upadhyay, who was represented by Senior Advocate Geeta Luthra. The petition had also...
