Words "Tries An Offence" Are More Appropriate Than The Words "Tries An Offender" In Section 461(l) CrPC, Says SC [Read Judgment

The words "tries an offence" are more appropriate than the words "tries an offender" in section 461 (l), the Supreme Court opined while considering a Transfer Petition filed on the ground of lack of territorial jurisdiction.Justice V. Ramasubramanian observed that there seems to be some incongruity between Section 461(l) and Section 462 of the Code of Criminal Procedure.Under Clause (l)...

[Breaking] "Covid 19 Is Not A Public Emergency": SC Quashes Gujarat Govts' Notification Extending Work Hours Under Factories Act Without Overtime Pay

The Supreme Court has quashed the notification issued by the Gujarat Labour and Employment Department granting exemptions to all factories in Gujarat from provisions of the Factories Act, 1948 relating to daily working hours, weekly working hours, intervals for rest and spread overs of adult workers as well as from payment of overtime wages at double rates viz. Section 59.A bench of Justices...

Not Necessary That Accused Must Be Actively Involved In Physical Activity Of Assault To Convict Him On The Ground Of Common Intention: SC [Read Judgment]

" If the nature of evidence displays a pre­arranged plan and acting in concert pursuant to the plan, common intention can be inferred. "

'I'm On Demurrer. I May Have Lied, Defamed - Everything May be True. But House Still Could Not Issue Notice Or Even Investigate': Sr. Adv. Harish Salve, For Arnab Goswami, Tells SC

The Supreme Court on Wednesday issued notice in a plea by Arnab Goswami, Journalist and Editor-in-Chief of Republic Media Network, challenging the breach of privilege motion against him by Maharashtra Assembly & Legislative Council.A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramanian issued notice to the Maharashtra Legislative Assembly and stated that the...

CRZ : SC Asks Kerala To Explain Action Taken Against Violators [Read Order]

Supreme Court has directed the Kerala Government to file an Affidavit within three weeks, outlining the steps they have taken in pursuance of the 23rd September, 2019 order of the Supreme Court in the Maradu flats demolition matter. A Bench comprising of Justices RF Nariman, Navin Sinha and KM Joseph issued show-cause notice to the State of Kerala and ordered that the "contemnor has to...

"Farmers' Acts Anti Farmer & Anti-Agriculturist": DMK MP Tiruchi Siva Moves SC Against News Farmers' Acts

Tiruchi Siva, Member of Parliament (DMK) has moved the Supreme Court challenging three controversial enactments, the Farmers' (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020 (Act 20 of 2020), the Farmers' Produce Trade And Commerce (Promotion and Facilitation) Act, 2020 (Act 21 of 2020) and the Essential commodities (Amendment )Act 2020 (Act 21...

Babri Demolition Case : Anti-Socials Climbed On The Dome; They Can't Be Called Ram-Bhakts, Says Court [Read Judgment]

A Special CBI Court at Lucknow on Wednesday (30th September) acquitted all 32 persons accused of hatching the criminal conspiracy behind the demolition of the Babri Masjid mosque on December 6, 1992.The acquitted persons include prominent BJP leaders L K Advani, Murli Manohar Joshi, Uma Bharati, Kalyan Singh etc.Special CBI Judge S K Yadav, in his 2300-page verdict written in Hindi, held that...

Unlock 5 : Centre Allows States/UTs To Decide On Re-Opening Of Schools After 15

The Ministry of Home Affairs on Wednesday allowed the States/Union Territories to take a call on the re-opening of schools and coaching institution after October 15.As per the "unlock" guidelines issued by the MHA under the Disaster Management Act 2005, for re-opening of schools and coaching institutions, State/ UT Governments have been given the flexibility to take a decision after 15th...

[Breaking] Unlock 5: MHA Allows Opening Of Cinemas, Multiplexes With 50% Seating Capacity From October 15

The Ministry of Home Affairs (MHA) has issued new guidelines today, for opening up of more activities in areas outside the Containment Zones. In these guidelines, which will come into effect from October 1, 2020, the process of re-opening of activities has been extended further. The new guidelines, issued today, are based on feedback received from States and UTs, and extensive consultations...

[Tomorrow, 5:30 pm] 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'.The details of the webinar are as followsDate & Time: October 1, 2020, 5:30 pmZoom...

Are All NDPS Offences Non-Bailable? Bombay HC Debates During Rhea Bail Hearing

The hearing of the bail applications of Rhea Chakraborty and four others - who are accused of procuring drugs for the late actor Sushant Singh Rajput - in the Bombay High Court on Tuesday witnessed an interesting debate on a legal point as to whether all offences under the Narcotic Drugs and Psychotropic Substances (NDPS) Act are non-bailable.At the outset, Justice Sarang V Kotwal told...

Length Of Sentence Or Gravity Of Original Crime Cannot Be Sole Basis For Refusing Premature Release: SC [Read Judgment]

Length of the sentence or the gravity of the original crime can't be the sole basis for refusing premature release, the Supreme Court observed while directing release of two convicts on probation.The Three Judge Bench headed by Justice NV Ramana observed that any assessment regarding predilection to commit crime upon release must be based on antecedents as well as conduct of the prisoner while...