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Judges Should Know Where To Draw The Line So That Judiciary Isn't Seen As Taking Over Executive & Legislative Functions: CJI DY Chandrachud
Chief Justice of India DY Chandrachud has stressed the role of the judiciary in not only ensuring social stability but also fostering a culture of tolerance and inclusion. Courts, he said, played the vital function of promoting dialogue and reason in society. Even when the dialogue that begins in the courtroom does not result in the constitutional and legal relief sought by citizens, it...
Modalities On Online FIR Registration Be Left To States : Parliamentary Committee On New Criminal Procedure Code Bill
The Parliamentary Standing Committee on Home Affairs, in its latest report, while reviewing the Bharatiya Nagarik Suraksha Sanhita Bill (BNSS Bill, 2023) acknowledged the positive impact of allowing online registration of FIR(First Information Report). It noted that Section 173 in the BNSS Bill provides that information can be given electronically for cognizable offenses without any bar on...
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Kamakhya Temple : Doloi Samaj Running Temple Affairs Satisfactorily, Says Assam Govt; Supreme Court Allows Present Arrangement To Continue
The Supreme Court recently held as inoperative the order passed by the Gauhati High Court in 2017 directing the Deputy Commissioner to receive the donations given by the devotees for the developmental activities in the Kamakhya temple in Guwahati and to maintain a separate account regarding the same.The Bench, comprising Justices Abhay S Oka and Pankaj Mithal, ordered that the High Court's...
Eligibility Conditions For Post Can't Be Relaxed After Last Date Of Applications Without Giving Wide Publicity: Supreme Court
The Supreme Court recently reiterated that eligibility criteria for a post, as set out in the Rules, could not be relaxed unless the said relaxation was envisioned in the Rules or advertisements for the post. Further, in case of any such relaxation passed, the same had to be widely publicised to be held valid.The batch of appeals concerned the recruitment on the post of Junior Office...
Law Does Not Require Only An Independent Witness To Prove NDPS Act Charges: Supreme Court
The Supreme Court recently held that the law does not require only an independent witness to prove a charge attracting the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). A bench of Justice M M Sundresh and Justice Aravind Kumar made the observation while considering a case where the appellant had been found guilty of an offence under Section 15 of the NDPS...
Farmers Who Sell Grains To Govt Can't Be Shown As Borrowers In Paddy Receipt Sheets, Their Credit Rating Can't Be Affected : Kerala High Court
The Kerala High Court yesterday held that farmers who sell their paddy to the Government of Kerala through Supplyco(Kerala State Civil Supplies Corporation) under the tripartite agreement cannot be treated as borrowers. It noted that under the tripartite agreement, Supplyco has to obtain loan from the bank to make payments to the farmers, so Supplyco is the borrower and not the...
Husband's Request To Father-in-Law For Money To Arrange Job With Assurance Of Repayment Not 'Dowry Demand' : Orissa High Court
The Orissa High Court has held that a request for a sum of money by the husband to his in-laws for arranging a job for himself, which he assured to repay, will not amount to demand of ‘dowry’ as per Section 2 of the Dowry Prohibition Act.The Single Bench of Justice Sangam Kumar Sahoo was hearing an appeal filed a person accused of committing murder of his wife in connection with demand...
Extra-Judicial Confession Must Be Of Sterling Quality: Supreme Court Doubts 'Confession' To Brother Of Deceased
The Supreme Court recently while acquitting a convict in a murder case held that evidence of persons before whom extra-judicial confession is made must be of sterling quality.The Court observed, “When prosecution relies upon the evidence of extra-judicial confession, normally, the Court will expect that the evidence of the persons before whom extra-judicial confession is allegedly made must...
Magistrate Can't Entertain Protest Petition Against Own Order Taking Cognisance: Supreme Court
Judicial Magistrate cannot entertain a protest petition against an order taking cognisance of a final report, held the Supreme Court in a recent judgment.In this case, a Chief Judicial Magistrate took congizance against one accused for the offence of murder based on a final report filed by the Crime Investigation Department.The victim's father filed a protest petition taking objection to...
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