NEW SERIES- Questions And Answers For Judicial Service Examinations- By Justice V. Ramkumar [1]- FIR-Part-I

A. INVESTIGATION LEADING TO "POLICE REPORT" OR "COMPLAINT" AND CRIMINAL TRIAL CULMINATING IN THE JUDGMENT A1. INVESTIGATION BY THE POLICE Q.1 What is an FIR? Ans. An FIR is the First Information Report forming the "information" given to the officer-in-charge of a Police station (Station House Officer – "SHO" for short) regarding the commission of a...

Supreme Court Posts Gyanvapi Masjid Case On November 10 After Urgent Mentioning By Hindu Plaintiffs

The Supreme Court, on Monday, agreed to post the Gyanvapi Masjid case on November 10, after an urgent mentioning was made by the Hindu plaintiffs.Advocate Vishnu Shankar Jain made an urgent mention before a bench comprising Justice Chandrachud saying that the matter was to be listed on 20th October 2022. The counsel pointed out that the Court's order to preserve the area where a Shivling...

MV Act - Multiplier Of Victims Upto The Age Group Of 15 Years Should Be Taken As '15' : Supreme Court

The Supreme Court observed that, while computing motor accident compensation, the multiplier of victims upto the age group of 15 years should be taken as '15'.There is certainly justification for selecting a lower multiplier of '15' in the case of victims belonging to the age group upto 15 years, the bench of Justices BR Gavai and CT Ravikumar observed.In this case, the victim met with...

Supreme Court Extends Stay On Further Lokayukta Proceedings Against Former Karnataka CM Yediyurappa

The Supreme Court, on Monday, impleaded State of Karnataka to the proceedings assailing the order of the Karnataka High Court, whereby a bribery complaint, filed against former Chief Minister B.S. Yediyurappa, his son B.Y. Vijayendra and others alleging offences under Prevention of Corruption Act, had been restored. At the request of Senior Advocate, Mr. Siddharth...

Railway Employees Working In Different Zones/Divisions Are Required To Be Treated Equally : Supreme Court

The Supreme Court observed that the Railway employees working in different Zones/Divisions are required to be treated similarly and equally and are entitled to similar benefits and are entitled to the same treatment.The bench of Justices MR Shah and BV Nagarathna observed that Commission Vendors/bearers working in the Northern Railway are entitled to have 50% of their services rendered prior...

Exclusion Of Sri Lankan Tamils From CAA Must Also Be Looked At : DMK Tells Supreme Court

The Supreme Court bench comprising Chief Justice UU Lalit, Justices Ravindra Bhat and Bela M. Trivedi heard the petitions challenging the Citizenship Amendment Act, 2019 on Monday. During the hearing, Senior Advocate P Wilson, appearing for Dravida Munnetra Kazhagam (DMK) party sought reply from the Centre on the applicability of the 2019 Act on the Hindu Tamils in Sri Lanka. He stated–"We...

Supreme Court Issues Notice On Plea Seeking National Plan To Deal With Lumpy Skin Disease In Cattle

The Supreme Court on Friday sought responses from the States and the Centre on a petition seeking directions to formulate a national health plan to deal with the lumpy skin disease which is spreading among the cattle of the country.A bench of Justices Surya Kant and J. B. Pardiwala considered a petition filed by Aryavarta Mahasabha Foundation which raised the question whether the Centre has...

Dying Declaration Does Not Become Inadmissible Merely Because Police Officer Recorded It : Supreme Court

The Supreme Court observed that dying declaration does not become inadmissible merely because it was recorded by police personnel.Although a dying declaration ought to ideally be recorded by a Magistrate if possible, it cannot be said that dying declarations recorded by police personnel are inadmissible for that reason alone, the bench of Justices DY Chandrachud and Hima Kohli said.The...

"Something May Happen In Next Parliament Session": Attorney General Tells Supreme Court On Scrapping Sedition Law

The Supreme Court on Monday adjourned a batch of petitions challenging Section 124A of the Indian Penal Code which criminalises sedition to January 2023. The matter was heard by bench comprising CJI UU Lalit, Justice Ravindra Bhat and Justice Bela M Trivedi. At the very outset, the Attorney General for India R. Venkataramani said that the Centre is in the process of reviewing...

Supreme Court Of India Issues Notice On Plea Challenging Aadhaar-Voter ID Card Linkage

The Supreme Court of India on Monday issued notice in a petition challenging the power of the Election Commission of India to use the Aadhaar database in the process of deletion and updation of entries in the electoral roll. Specifically, the petition filed by former Army General S.G. Vombatkere challenges the constitutional vires of the Election Laws (Amendment) Act, 2021 and...

Supreme Court Issues Notice On PIL Challenging Section 62(5) Which Deprives Prisoners The Right To Vote

The Supreme court bench comprising Chief Justice UU Lalit, Justices Ravindra Bhat and Bela M. Trivedi issued notice in a petition challenging Section 62(5) of the Representation of the People Act, 1951, which deprives prisoners of their right to vote. The matter has been listed for December 9, 2022. The petition submits that using confinement in a prison as a yardstick to disenfranchise...

Supreme Court Refuses To Entertain Plea Seeking To Set Up Anti-Corruption Courts In All Districts

Supreme Court bench comprising CJI UU Lalit, Justice Ravindra Bhat and Justice Bela M. Trivedi on Monday refused to entertain a plea seeking the setting up of anti-corruption courts with a mandate to dispose of each case within a year in all districts across India. The bench orally remarked that the petition was not concrete. Accordingly, the bench advised the petitioner to withdraw the...