Hathras Case : Presence Of Sperm Not Necessary To Prove Rape; UP Police Claim Contrary To Law

The Uttar Pradesh Police has claimed that no rape happened with the 19-year old Dalit woman of Hathras, who succumbed to her injuries yesterday.A senior UP Police official told the press that the Forensic Science Laboratory result did not show the presence of semen samples in the body of the deceased woman."The report of the FSL has also come. It says clearly that samples did not have sperm....

Mens Rea For Section 306 IPC Cannot Be Assumed To Be Ostensibly Present But Has To Be Visible And Conspicuous: SC Acquits Husband Accused Of Driving Wife To Suicide [Read Judgment]

The Supreme Court has observed that the ingredient of mens rea for abetment of suicide [Section 306 IPC] cannot be assumed to be ostensibly present but has to be visible and conspicuous.The bench comprising Justices NV Ramana, Surya Kant and Hrishikesh Roy set aside the conviction of a husband who was accused of driving wife to suicide.Gurcharan Singh was convicted for abetting suicide of...

Breaking: Allahabad HC Takes Suo Moto Cognizance Of Hathras Case; Says 'Incidents Have Shocked Our Conscience' [Read Order]

"The State must respect a dead person by allowing the body of person to be treated with dignity and unless it is required for the purposes of establishing a crime to ascertain the cause of death and be subjected to postmortem or for any scientific investigation, medical education or to save the life of another person in accordance with law, the preservation of the dead body and...

SC Notifies Fresh Roster To Be Effective From October 5

The Supreme Court has notified a fresh roster to be effective from October 5.As per the new roster, PILs and letter petitions are to be dealt with by benches headed by CJI, Justices Ramana, Nariman, Lalit, Khanwilkar, Chandrachud, Ashok Bhushan and Nageswara Rao.Election matters, Social Justice matters and Habeas Corpus will be dealt with only by the bench headed by the CJI.Contempt of...

[2020 Tribunal Rules] SC Judgments Requiring 5-7 Yrs Tenure Don't Apply Where Right Of Re-Appointment Contemplated: AG Defends 4 Yr Term

The Supreme Court on Thursday resumed hearing on the plea by the Madras Bar Association challenging the Tribunal Rules of 2020, on the grounds that it is in the teeth of the principles of separation of power and independence of judiciary.The Bench of Justices L. Nageswara Rao, Hemant Gupta and Ravindra Bhat are hearing the matter.After Senior Advocate Arvind Datar, for the Madras Bar...

The Phrase Of This Court As 'Sentinel On The Qui Vive' May Have Become Weather-Beaten, Judges Must Constantly Remind Themselves Of Its Value: SC [Read Judgment]

"The phrase may have become weather-beaten in articles, seminars and now, in the profusion of webinars, amidst the changing times. "

Workers' Right To Life Cannot Be Deemed Contingent On The Mercy Of Their Employer Or The State: SC Quashes Gujarat Govt. Notification [Read Judgment]

Workers' right to life cannot be deemed contingent on the mercy of their employer or the State, remarked the Supreme Court observed in the judgment allowing Gujarat Mazdoor Sabha's writ petition on Thursday.Justice DY Chandrachud led three judge bench quashed a notification issued by the Labour and Employment Department of the State of Gujarat under Section 5 of the Factories Act which...

[Full Video] Webinar On 'The Criminal Law Reforms Committee and the Imagination of Law Reform'

LiveLaw invites you on a webinar on October 1, 2020, 5:30 pm.Rebecca John (Senior Advocate, Supreme Court of India) and Jawahar Raja (Advocate, Delhi High Court) will speak on 'The Criminal Law Reforms Committee and the Imagination of Law Reform'.Moderator: Mayur SureshThe details of the webinar are as followsDate & Time: October 1, 2020, 5:30 pmZoom...

Prashant Bhushan Files Review Petition Against Sentence Order in The Contempt Case [Read Petition]

Advocate Prashant Bhushan has filed another petition in the Supreme Court, this time seeking review of the sentencing order August 31, 2020, whereby the Top Court imposed a fine of Re. 1 upon him in the suo moto contempt case. The Top Court had directed Mr. Bhushan to deposit Re. 1 with the SC Registry failing which he shall undergo imprisonment for three months and will be debarred...

SC Contempt Verdict Is A Fundamental Assault On Freedom Of Speech & Independence Of Bar: Prashant Bhushan Urges BCD To Not Initiate Disciplinary Action Against Him [Read Reply]

"I submit that the Bar Council should stand in solidarity with the rights of the members of the legal profession, and not take cognizance of the judgment of Supreme Court which have severely constricted and abridged the freedom, rights and dignity of the members of the Bar and also ordinary citizens," said Advocate Prashant Bhushan in reply to the letter sent by Bar Council of Delhi...

'Situation Not Anticipated 6 Months Back' : SC Dismisses Plea Seeking Inquiry Into Centre's Alleged Mismanagement Of COVID 19

The Supreme Court on Thursday dismissed a plea filed by six retired bureaucrats seeking an independent inquiry by a Commission appointed under the Commissions of Inquiry Act, 1952, into the Central Government's alleged "gross mismanagement" of the COVID-19 pandemic in India. A Bench headed by Justice L. Nageswara Rao noted that the "situation had not been anticipated 6 months back"...

[Airfare Refunds] SC Accepts DGCA Recommendations; Refunds To Accrue To Travel Agents For Tickets Booked Through Them

The Supreme Court on Thursday accepted the recommendations made by Directorate General of Civil Aviation (DGCA) regarding for refund of airfare of tickets booked during the COVID-19 induced lockdown.Today, a bench of Justices Ashok Bhushan, Subhash Reddy & MR Shah stated that the petitions shall stand disposed of in terms of the DGCA proposals and the vouchers for tickets issued by...