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Second Appeal, After Its Admission With Formulation Of Substantial Question Of Law, Cannot Be Disposed Of Summarily: Supreme Court
A second appeal, after its admission with formulation of substantial question of law, cannot be disposed of summarily, the Supreme Court observed in an order passed last week.The bench of Justices Vineet Saran and Dinesh Maheshwari observed that once a second appeal is admitted, on the High Court being satisfied that a substantial question of law is involved in the case and with formulation...
Accused's Burden To Prove His Defence Taken U/s 313 CrPC Is Not Beyond All Reasonable Doubts: Supreme Court
The Supreme Court observed that the burden of proof on an accused in support of the defence taken under Section 313 of Code of Criminal Procedure is not beyond all reasonable doubt as it lies on the prosecution to prove the chargeThe accused has merely to create a doubt and it is for the prosecution then to establish beyond reasonable doubt that no benefit can flow from the same to the...
Mere Harassment Will Not Amount To Abetment Of Suicide U/s 306 IPC, Reiterates Supreme Court
Mere harassment would not amount to an offence of abetment of suicide under Section 306 of the Indian Penal Code, the Supreme Court reiterated.The bench of Justices L. Nagaswera Rao and Aniruddha Bose observed that, in order to bring a case within Section 306 IPC, there must be a case of suicide and in the commission of the said offence, the person who is said to have abetted the commission...
Supreme Court To Consider Urgent Listing Of Plea For Contempt Against PM, HM Over Rakesh Asthana's Appointment As Delhi Police Commissioner
A petition seeking to initiate contempt of court action against Prime Minister Narendra Modi and Union Home Minister Amit Shah over the decision to appoint Rakesh Asthana as the Delhi Police Commissioner was mentioned before the Supreme Court today.Advocate ML Sharma, who has filed the contempt petition, mentioned the matter before the Chief Justice of India for urgent listing on Monday,...
Entity Which Misuses Status Under Section 12AA Income Tax Act Not Entitled To Retain It: Supreme Court Upholds Cancellation Of Trust Registration
An entity which is misusing the status conferred upon it by Section 12AA of the Income Tax Act is not entitled to retain and enjoy said status, the Supreme Court observed while upholding the cancellation of a registration of Trust. Section 12AA of the Income Tax Act deals with the procedure for the registration of a charitable trust, which is entitled to tax benefits.In this case, Commissioner...
Plea Against Kerala HC Order Recalling Judgment Quashing POCSO Case Citing Marriage: Supreme Court Issues Notice
The Supreme Court issued notice in Special Leave Petition filed against a Kerala High court order recalling its earlier judgment quashing rape and child sexual assault charges against various accused.The High Court bench presided by Justice K. Haripal had initially quashed the proceedings against on the grounds of the marriage of the accused to the victims. Later, the judge recalled these...
Supreme Court Expresses Displeasure On Gujarat Govt.'s "Clarficatory Notification" In The 'Fire Safety Audit of Covid Hospitals' Matter
"You please advise the government properly. They have come up with another notification, a clarificatory notification saying that the fire safety requirement will not be applicable to Covid premises. So far as building regulation is concerned, nobody can get the BU permission without the fire safety", Justice M. R. Shah told SG Tushar Mehta on Monday. The Bench of Justices D....
Judge Uttam Anand's Death: PIL Before Supreme Court Seeks Guidelines For Protection Of Judicial Officers & Legal Fraternity
In the aftermath of the recent killing of Justice Uttam Anand of Dhanbad, a PIL has been filed before Supreme Court seeking directions to immediately enforce and initiate guidelines and directions for the protection of the judicial officers, advocates and legal fraternity as a whole.Further, directions have been sought to Centre and States for grant of 'X' Category Security to the...
'Heavy Unexplained Bank Transactions': Supreme Court Upholds Compulsory Retirement Penalty Imposed On Judicial Officer
The Supreme Court upheld an order directing compulsory retirement of a Judicial Officer in Haryana.In this case, the disciplinary proceedings were initiated against a judicial officer after preliminary enquiry against him revealed that there were "heavy unexplained bank transactions". The Inquiring Authority submitted a report on 23.05.2016 finding the petitioner guilty of...
NHRC Committee Members Have Political Affiliation; Procedure Not Followed In Making Report : Sibal To Calcutta High Court In Post-Poll Violence Case
A 5-judge bench of the Calcutta High Court on Monday heard the arguments on behalf of the West Bengal Police in opposition to the report submitted by the committee of the National Human Rights Commission on post-poll violence cases in the state. The matter is slated to be heard next on August 3. Senior counsel Kapil Sibal appearing on behalf of the SPs of Police referred to various provisions...
60% Gap In Murders Reported By NHRC Committee & State Police : Jethmalani To Calcutta High Court On Post-Poll Violence Cases
A 5 judge Bench of the Calcutta High Court comprising Acting Chief Justice Rajesh Bindal and Justices I.P Mukerji, Harish Tandon, Soumen Sen and Subrata Talukdar on Monday heard extensive arguments on the allegations of post poll violence in the State of West Bengal. The matter is slated to be heard next on August 3. Arguments on behalf of the petitioners: 'Glaring discrepancies'...
'Avoid Unnecessary Remarks On Counsel's Conduct': Supreme Court Expunges Remarks Made Against Lawyer By Uttarakhand High Court
The Supreme Court observed that the judges should avoid unnecessary remarks on the conduct of the counsel which may have no bearing on the adjudication of the dispute before the Court.The bench comprising Justices RF Nariman and Hrishikesh Roy observed thus while ordering expunction of certain remarks made against a lawyer by the Uttarakhand High Court in an order passed by it. The lawyer,...