'Double Presumption Available In Favour Of Accused After Acquittal' : Supreme Court Restores Acquittal In Murder Case

The Supreme Court recently restored the acquittal of an accused in a murder case, after finding fault with the High Court for reversing the trial court's order."The law presumes double presumption in favour of the accused after a due adjudication by the trial Court. We do believe that the High Court could have been slower in reversing the order of acquittal rendered by the Court of...

Dedication Of Property As Religious Endowment Can Be Inferred From Circumstances ; Express Dedication Or Document Not Required: Supreme Court

The Supreme Court observed that the dedication of a property as religious endowment does not require an express dedication or document, and can be inferred from the circumstances.Extinction of private character of a property can be inferred from the circumstances and facts on record, including sufficient length of time, which shows user permitted for religious or public purposes, the bench...

Supreme Court Posts Varavara Rao's Bail Plea For Final Hearing On August 10; Interim Bail Extended

The Supreme Court on Tuesday posted the regular bail plea of Telugu poet and Bhima Koregaon – Elgar Parishad accused P Varavara Rao on medical grounds for final hearing on August 10.While doing so, a Bench comprising Justices UU Lalit, Ravindra Bhat and Sudhanshu Dhulia also formally issued notice, seeking the response of the National Investigation Authority."Considering the nature...

Unmarried Woman Approaches Supreme Court Against Delhi HC Order Refusing Abortion Of 24-Week Old Pregnancy

A 25 year old unmarried woman seeking termination of her pregnancy of nearly 24 weeks which had arisen out of a consensual relationship has approached Supreme Court against Delhi High Court's order of refusing to grant her the said relief.The Special Leave Petition was mentioned before the bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima Kohli.Urging the bench to...

Army Personnel Not Entitled To Disability Pension If Injury Is Not Attributable To Military Service : Supreme Court

The Supreme Court observed that a military personnel is not eligible for disability pension if there is not even a causal connection between the Military service and injuries.Unless the disability is attributable to or aggravated by military service and is more than 20%, the entitlement to disability pension does not arise, the bench of Justices Abhay S Oka and MM...

Challenge To Agnipath Scheme : Supreme Court Refuses To Transfer To Itself Cases In HCs; Sends Petitions Filed Before It To Delhi High Court

The Supreme Court on Tuesday transferred the writ petitions filed before it challenging the Agnipath recruitment scheme for the armed forces to the Delhi High Court, where similar petitions are already pending.A bench comprising Justices DY Chandrachud, Surya Kant and AS Bopanna passed the order in three writ petitions filed under Article 32 of the Constitution of India. Two of the petitions...

Kallakurichi Student Suicide : Supreme Court Rejects Father's Plea To Stay Re-Postmortem To Be Held Today

The Supreme Court on Tuesday rejected an oral plea made by the father of the student who died by suicide in Kallakurichi in Tamil Nadu to stay the re-postmortem of the body which is to be held today as per the direction of the Madras High Court.The father has approached the Supreme Court seeking to include a doctor of his choice in the panel constituted by the High Court for re-postmortem of...

Should An Application For Withdrawal Of Suit Be Followed By A Court Order? Supreme Court To Consider

The Supreme Court issued notice in a Special Leave Petition raising the issue whether an application for withdrawal of suit should be followed by an order of the court?In this case, the Jharkhand High Court had set aside an order of the Trial Court which allowed an application to withdraw a partition suit, on the ground that the order of such withdrawal was passed on an application filed...

Supreme Court Refuses To Entertain Plea To Direct People's Representatives To Declare Assets After Term As Well

The Supreme Court, on Monday, refused to entertain plea seeking directions to make it compulsory for politicians to declare their assets after their term of election as well, failing which they may be disqualified to contest any further election. Appearing before a Bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh, the Counsel for the petitioner submitted that at the time...

Considerations To Decide Whether A Culpable Homicide Amounts To Murder Or Not : Supreme Court Explains

In a recent judgment, the Supreme Court reiterated its views regarding considerations relevant for determining a culpable homicide amounting to murder and distinguishing it from the culpable homicide not amounting to murder.In this case, the High Court of Kerala had set aside the conviction of three appellants under sections 143, 147, 148 IPC read with section 149...

Whether Every Charitable Trust Created By A Muslim Becomes A Waqf Property? Supreme Court To Consider

The Supreme Court on Monday agreed to list on July 25 a case which raises an issue as to whether every charitable trust established by someone professing Islam is necessarily a waqf. The Special Leave Petitions which assailed Bombay High Court's dated September 22, 2011 was listed before the bench of Chief Justice of India NV Ramana, Justices Krishna Murari and Hima...

Statements Made U/Sec 161 CrPC Relevant In Considering Prima Facie Case Against Accused In His Bail Application : Supreme Court

The Supreme Court observed that statements made under Section 161 of Code of Criminal Procedure are relevant in considering the prima facie case against an accused in an application for grant of bail in case of grave offence."Ex facie, the allegations are grave, and it cannot be said that there are no materials on record at all", the bench comprising Justices Indira Banerjee and...