Questions & Answers By Justice V. Ramkumar- Investigation By Police-PART VIII

Q.36 Can police investigation be depicted by means of a chart ? Ans. Q.37 What are the various steps of investigation to be carried out by an investigating Police Officer? Ans. S.2(h) of the Code defines investigation which reads as under: '(h) 'investigation' includes all the proceedings under this Code for the collection of evidence conducted by a police officer or...

Legitimate Disciplinary Action Against Student Not Abetment Of Suicide : Supreme Court Discharges Professor & College

The Supreme Court on Thursday held that a college's professor and management could not be held liable for abetment of suicide under Section 306 of the Indian Penal Code for exercising legitimate disciplinary action and suspending a student for misconduct. The matter was heard by a bench comprising Justice S.K. Kaul and Justice A.S. Oka. As per the facts, in an episode on 16.04.2008,...

Supreme Court Agrees To Reconstitute Constitution Bench To Hear The Issue Whether "Rules Of Games" Be Changed After Selection Process Has Started

The Supreme Court, on Thursday, agreed to reconstitute a Constitution Bench for hearing the issue, whether the "rules of the game" can be changed after the selection process has started.The issue had arisen in a batch of cases relating to the selection process of District Judges conducted by certain High Courts. The primary question is whether the selection criteria can be changed during...

Rape Case - Once Court Believes Survivor's Version, Failure Of Police To Send Seized Clothes To Forensic Laboratory Insignificant : Supreme Court

Once the court believes the statement of a survivor of sexual assault, it is sufficient to establish an offence punishable under Section 376 of the Indian Penal Code, 1860 and the failure of the police to send seized articles to the forensic science laboratory would not affect the outcome in such a case, held the Supreme Court in November, while confirming the conviction of...

Court While Considering Application Seeking Appointment Of Arbitrator Cannot Go Into Question Of Novation Of Contract : Supreme Court

The Supreme Court reiterated that while considering an application seeking appointment of arbitration, the Court cannot go into question of novation of contract and merits of any claim involved in arbitration.In this case, as the High Court dismissed the application filed under Section 11(6) of the Arbitration and Conciliation Act, 1996, the applicant approached the Apex Court...

No Trigger Point For Supreme Court To Interfere In Election Commissioner Appointment Process, Says AG Venkataramani; Constitution Bench Reserves Judgment

A Constitution Bench of the Supreme Court today reserved judgment in petitions seeking an independent mechanism to appoint Election Commissioners. It has asked the parties to file brief notes, not exceeding 6 pages, within 5 days.Senior Advocate Gopal Sankaranarayanan appearing for the Petitioner submitted that till today, Central Government has not appointed anyone who gets the prescribed...

CJI DY Chandrachud Takes Suggestions From Senior Adv SK Rungta On Making Courts Accessible For Lawyers With Visual Disabilities

On Thursday, in open court, the Chief Justice of India, Justice D.Y. Chandrachud discussed his mission to make courts across the country accessible for lawyers/persons with visual disabilities.In order to understand the difficulty faced by Advocates with visual disabilities in navigating courts on a daily basis, he asked Senior Advocate, Mr. S.K. Rungta (who lost his eyesight when he was about...

'Was There Any Criteria For Law Minister To Pick The Four Names?' Supreme Court Questions Appointment Of Election Commissioner

A Constitution Bench of the Supreme Court today enquired as to what was the criteria behind the shortlisting of four names by the Law Minister that were recommended to the Prime Minister for his approval for the appointment as the Election Commissioner.The bench is hearing petitions seeking an independent mechanism to appoint Election Commissioners.Yesterday the Court had sought the files...

Supreme Court Agrees To Form Constitution Bench To Hear Cases Challenging Validity Of Polygamy & Nikah Halala In Muslim Personal Law

The Supreme Court, on Thursday, agreed to reconstitute a Constitution Bench for hearing a batch of petitions challenging the constitutional validity of the practice of polygamy and Nikah Halala allowed by Muslim personal law.Eight petitions challenging these practices were previously listed before a 5-judge bench comprising Justices Indira Banerjee, Hemant Gupta, Surya Kant, MM Sundresh...

Supreme Court Quarterly Digest on Consumer Protection Act, 1986 [July To September 2022]

Consumer Protection Act, 1986 - Delivering a defective and old model car against a booking for a new car made by a customer who has paid full sale consideration is an "unfair trade practice" - Non delivery of a new car can be said to be an unfair trade practice and even it can be said to be dishonesty on the part of the dealer and against the morality and ethics - Once the new car...

Online RTI Portal For Supreme Court Ready, Announces CJI DY Chandrachud

Chief Justice of India DY Chandrachud on Thursday announced that the online portal for filing applications under the Right to Information Act in relation to the Supreme Court is operational."Before we start with the mentioning,I wanted to say that the RTI portal is all ready. It will start working in 15 minutes. In case there are some problems, bear with us. If there is some problem get back...

DEMONETISATION Valid Or Not? : Supreme Court Constitution Bench Hearing- LIVE UPDATES

Supreme Court Constitution Bench to hear petitions challenging the #Demonetization of Rs 500 & Rs 1000 currency notes by Central Govt in 2016.On Oct 12, the Centre was directed to file a comprehensive affidavit & disclose relevant docs.Constitution Bench comprising S Abdul Nazeer, BR Gavai, AS Bopanna, V Ramasubramanian and BV Nagarathna JJ decided to hear this case after holding that...