When Will Right To Default Bail Arise In Cases With No Minimum Term And Maximum Term Beyond 10 Years?SC To Examine

The Supreme Court has decided to examine the legal position regarding the period required to file chargesheet, for the purposes of default bail under Section 167(2) of the Code of Criminal Procedure, when the offence does not prescribe a minimum sentence and the maximum term of imprisonment prescribed is more then ten years.A bench headed by Justice Ashok Bhushan issued notice on this question...

Tenant Cannot Dictate Adequacy Of Space Required By Landlord For Proposed Business Venture: Supreme Court Upholds Summary Eviction Order

A tenant cannot dictate how much space is adequate for the proposed business venture or to suggest that the available space with the landlord will be adequate, the Supreme Court observed while upholding an eviction order passed in favour of an NRI landlord under East Punjab Urban Rent Restriction Act, 1949.In this case, the landlords moved Rent Controller seeking immediate recovery of...

Pune Court Refuses To Stop Serum Institute Of India From Using 'COVISHIELD' Name For COVID-19 Vaccine

A commercial court in Pune on Saturday refused to pass interim injunction to restrain the Serum Institute of India(SII) from using the trademark "COVISHIELD" for its vaccine for the Coronavirus induced pandemic.The order was passed in a passing off suit filed by a Nanded-based pharmaceutical company "Cutis Biotech" which claimed to be the "lawful and prior user" of the tradename...

[Live Now] Webinar On Criminalising Comedy And Cinema (Part I)

LiveLaw is organizing a webinar on " Criminalising Comedy And Cinema" on Sunday, 6 PM. The details of the webinar are as follows: Topic: Criminalising Comedy And CinemaDate & Time: January 31,2021, 6PMPanelistsMr. Sanjay Hegde, Senior Advocate Supreme Court Of IndiaSanjay Rajoura, Stand Up ComedianAditi Mittal, Stand Up ComedianDaraab Farooqui, Film WriterModerator: Avani Bansal,...

Appellate Court's Jurisdiction Under Section 96 CPC Involves Rehearing On Questions Of Law As Well As Fact: Supreme Court

The Supreme Court observed that an appellate court's jurisdiction under Section 96 of the Code of Civil Procedure, involves a rehearing of appeal on questions of law as well as fact.The bench comprising Justices S. Abdul Nazeer and Surya Kant observed thus while setting aside an order passed by Karnataka High Court which had dismissed the appeal filed against a Trial Court judgment. The Trial...

Actor Sonu Sood Moves Supreme Court Against Bombay High Court's Order Denying Relief Against BMC's Notice On 'Illegal Constructions"

A plea has been filed before the Supreme Court by Actor Sonu Sood challenging the the Bombay High Court's recent order dismissing their appeal against Civil Court's rejection in granting temporary injunction against the Greater Mumbai Municipal Corporation. The plea by the Actor has alleged that grave miscarriage of justice has been caused, on account of the observations made in the...

Pre­natal Sex ­Determination Is A Grave Offence Which Has Potential To Damage The Very Fabric Of Gender Equality & Dignity: Supreme Court

The Supreme Court observed that pre­natal sex ­determination is a grave offence with serious consequences for the society as a whole. A strict approach has to be adopted if we are to eliminate the scourge of female feticide and iniquity towards girl children from our society, the bench headed by Justice Mohan M. Shantanagoudar said while upholding the Madhya Pradesh High Court order...

"Highly Invasive": Internet Freedom Foundation Moves Supreme Court Against WhatsApp's Updated Privacy Policy

The Internet Freedom Foundation has moved the Supreme Court seeking an interim stay on Whatsapp's updated privacy policy and guidelines to safeguard the personal data and privacy of over 400 million Indian WhatsApp users.The intervention application is filed in special leave petition filed by Karmanya Singh Sareen and Shreya Sethi in 2017, challenging the 2016 privacy policy of the company....

Unmerited Acquittals In POCSO Cases: Supreme Court Collegium Withdraws Recommendation to Make Justice P V Ganediwala Permanent

The Supreme Court Collegium is understood to have withdrawn its approval to a proposal for the appointment of an additional judge of the Bombay High Court, Justice P V Ganediwala, as a permanent judge of the court following her two controversial verdicts in sexual assault cases.The decision was taken after the judge faced flak for her interpretation of sexual assault under the Protection...

KUWJ Moves Supreme Court For Interim Bail For Siddique Kappan Citing Critical Health Condition Of His 90-Yrs Old Mother

The Kerala Union of Working Journalists (KUWJ) has filed an application before the Supreme Court seeking interim bail for journalist Siddique Kappan, citing critical health condition of Kappan's 90 years old bed-ridden mother and her last wish to see her son. The affidavit states that in in view of her existing medical condition, Kappan's mother has not been informed about her son's...

Dismissal Of Transfer Petition May Not Operate As Res Judicata If Fresh Petition Is Filed On Change Of Circumstances: Supreme Court

The Supreme Court held that a dismissal of a petition for transfer, may not operate as res judicata, when a fresh petition is filed on change of circumstances.In this case, a woman approached the Apex Court, for the second time, seeking the transfer of a 'Family Suit' filed by her husband [under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights] from...

Hyderabad Encounter : Supreme Court Grants Second Extension By 6 Months For Probe Panel

The Supreme Court bench comprising of Chief Justice of India, Justice A.S. Bopanna and Justice V. Ramasubramanian on Friday extended by six months the time for the inquiry commission to conclude the probe and submission of final report in Hyderabad encounter killing of 4 men accused of gang rape and murder of a veterinarian on December 6, 2019. This is the second occasion wherein the Apex...