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Supreme Court Monthly Digest: June 2022
Pension Is A Continuous Cause Of Action; Arrears Can't Be Denied On Ground Of Delay : Supreme Court Case Name: Shri M.L.Patil (Dead) Through LRs v. State of Goa And Anr.| Civil Appeal No. 4100 of 2022 Citation: 2022 LiveLaw (SC) 537 The Supreme Court, recently, held that arrears of pension cannot be denied on the ground of delay in approaching the Court as pension...
'Magistrates Should Not Curtail Personal Liberty In A Casual Manner' : Justice Deepak Gupta | Full Text Of Interview
Former Supreme Court judge Justice Deepak Gupta, in an interview with Manu Sebastian, Managing Editor of LiveLaw, shared his opinion about the case against fact-checker Mohammed Zubair and expressed concern about the worrying trend of Courts denying bail without proper examination. He stated that many judges are scared to grant bail due to fear of public opinion and added that judicial...
Several Blocking Orders Of MeiTY Arbitrary & Disproportionate, Some Pertain To Political Content : Twitter Inc Tells Karnataka High Court
The petition filed by Twitter Inc says that several blocking orders issued by the Ministry of Electronics and Information Technology (MeiTY) under Section 69A of the Information Technology Act are "procedurally and substantially deficient of the provision" and "demonstrate excessive use of powers and are disproportionate". The petition which was filed on Tuesday says that in June, the...
Twitter Inc Approaches Karnataka High Court Challenging Centre's Take Down Orders
Twitter Inc has approached the Karnataka High Court questioning and seeking to overturn orders issued by the Government of India through the Ministry of Electronic & IT directing the company to take down content on the social media platform.The company filed the petition today before the court which will be heard in due course. The notices and blocking orders sent to the company are...
Trial/Appellate Court Has Full Discretion To Order Sentences To Run Concurrently: Supreme Court
The Supreme Court observed that Trial court and Appellate Court has full discretion to order sentences for two or more offences at one trial to run concurrently.In this case, the Trial Court convicted the accused for the charges under Sections 409, 420, 409 read with Section 120ÂB and 420 read with Section 1 120B of the Indian Penal Code and sentenced them to undergo...
Limitation Period For Filing Motor Accidents Claim Applicable Only Prospectively From April 1, 2022 : Kerala High Court
The Kerala High Court on Friday while allowing an original petition, held that the limitation period for filing motor accident claims as per Section 166(3), which was introduced by Motor Vehicles (Amendment) Act 2019, only has a prospective effect. Justice Amit Rawal remarked, "Otherwise, with the stroke of the amendment, the right available to the injured and the claimants of...
Supreme Court To Hear Tomorrow Pleas By State And Survivor Challenging Order Granting Anticipatory Bail To Actor Vijay Babu In Rape Case
The Supreme Court on Tuesday agreed to hear on Wednesday the plea of a Kerala actor who was allegedly raped by Malayalam actor-producer Vijay Babu challenging the Kerala High Court's decision granting conditional anticipatory bail to the actor.The matter was mentioned before the vacation bench of Justices Indira Banerjee and J. K. Maheshwari by both the state of Kerala and the...
BREAKING: Actor Assault Case| Kerala High Court Allows Crime Branch's Plea Seeking Forensic Analysis Of Memory Card
The Kerala High Court on Tuesday allowed a petition moved by the Crime Branch challenging the order of the Ernakulam Additional Special Sessions Court which rejected its petition to forward the memory card allegedly containing the visuals of the crime in the 2017 actor sexual assault case for forensic examination.Justice Bechu Kurian Thomas accordingly set aside the trial court's order...
Supreme Court Criminal Digest: June 2022
Code of Criminal Procedure 1973; Section 311 - Merely because a different statement given by the same prosecution witness in another case that itself would not be a reason for recalling the witness. Saud Faisal v. State of Uttar Pradesh, 2022 LiveLaw (SC) 556 Code of Criminal Procedure 1973; Section 482 - While exercising jurisdiction under Section 482 of the Cr.P.C., the High...
Something Amiss In Zubair Case; Worrying That Many Judges Are Scared To Grant Bail : Justice Deepak Gupta
Former Supreme Court Justice Deepak Gupta, in this interview with Manu Sebastian(Managing Editor of LiveLaw), shares his opinion about the case against fact-checker Mohammed Zubair and expresses concern about the worrying trend of Courts denying bail without proper...
Man Arrested & Remanded In Maharashtra Despite Supreme Court's Interim Protection; SC Expresses "Serious Concern"
The Supreme Court today disapproved the act of the Maharashtra police obtaining a non-bailable warrant (NBW) against a man and also of the order of the Magistrate sending him to judicial custody despite the fact that an interim order staying his arrest was passed by the Apex Court itself.A vacation bench of Justice Dinesh Maheshwari and Justice Krishna Murari was dealing with the plea of...