Explainer : Further Investigation, Re-investigation & Re-Trial

The police had the statutory right and duty to 'register' every information relating to the commission of a cognizable offence. The police also had the statutory right and duty to investigate the facts and circumstances of the case where the commission of a cognizable offence was suspected and to submit the report of such investigation to the Magistrate having jurisdiction to take cognizance...

Supreme Court Weekly Round-Up

Entirety Of Plaint Averments Have To Be Taken Into Account While Considering A Plea Seeking Rejection Of Plaint [Shaukathussain Mohammed Patel vs. Khatunben Mohmmedbhai Polara] The entirety of the averments in the plaint have to be taken into account while considering a plea seeking rejection of plaint, the Supreme Court reiterated. In this case, a suit was filed by the plaintiff in...

NRC A Base Document For Future; There Was An Urgent Need To Ascertain The Number Of Illegal Immigrants: CJI Gogoi [Read Full Text Of Speech]

Chief Justice of India Justice Ranjan Gogoi on Sunday stated that the Assam National Register of Citizens (NRC) is a base document for the future – kind of a reference document to determine future claims."The Assam Accord of 1985 and its concomitant features – introduction of Section 6A in the Citizenship Act and the promise of a National Register of Citizens was an attempt to evolve...

Breaking : Delhi HC Orders Judicial Enquiry On Tis Hazari Violence; Ex Gratia Amount Ordered To Injured Advocates [Read Order]

After a special sitting, the Delhi High Court on Sunday directed judicial enquiry into the clash between police and lawyers which took place in Tis Hazari court premises yesterday.The Court appointed former Delhi HC judge Justice SP Garg to head the probe. The judicial probe should be assisted by Director CBI and should be completed within 6 weeks.The Court has directed the Delhi...

Delhi HC CJ Holds Meeting With Police Officials On Tis Hazari Violence ; 3 HC Judges Meet Injured Lawyers In Hospital

The Chief Justice of the Delhi High Court Justice DN Patel yesterday held a five hour long meeting meeting with the seven senior-most Judges of the High Court to deliberate on the clash between advocates and Delhi police which took place in Tis Hazari court premises on Saturday. The meeting which got over around 9.40 PM was attended by the Joint Commissioner of Police, New Delhi, the...

'Not Theological Wizards': MP HC Rejects Plea Challenging Bar On Women Performing Abhishek Of Jain Tirthankar Idol [Read Judgment]

"The Courts are certainly not meant to write the religious text, however, they are under an obligation to follow the religious text in the matter of cases dealing with religious dispute and to follow the old practices which are prevalent in religion so long as they do not violate constitutional rights of an individual."

Illegitimate Child's Right To Inherit His Father's Ancestral Property: SC Awaits Answers To Question Referred To Larger Bench In 2011

Does an 'illegitimate' child have the right to succeed to his/her father's ancestral property? This issue has again popped up before the Supreme Court in a special leave petition titled as Jitender Kumar vs. Jasbir Singh. In this case, the Punjab and Haryana High Court, while dismissing a second appeal, relied on the judgments of the Apex Court in Bharatha Matha & another Vs....

Amendment In Criminal Laws Beneficial To Accused Can Be Applied In Pending/Earlier Cases: SC [Read Order]

"Since the amendment was beneficial to the accused persons, it could be applied with respect to earlier cases as well which are pending in the Court."

Lawyers Injured In Police Firing At Tis Hazari Court

A scuffle broke out today between police officials and lawyers at Delhi's Tis Hazari Court, reportedly over a parking dispute within the court premises.It is reported that the situation intensified as an incident firing led to two lawyers being injured. While the police is yet to confirm the incident of firing, it has been learnt that a lawyer was taken to St Stephen's hospital after receiving...

Medical Negligence - Trial Court Should Examine Medical Expert Before Framing Charges : SC [Read Order]

The Supreme Court has reiterated that examination of a report of an independent medical expert is crucial before proceeding against a doctor accused of medical negligence. Earlier, the Apex Court had in Jacob Mathew v. State of Punjab & Anr., (2005) 6 SCC 1, laid down guidelines governing the prosecution of doctors for the offence of criminal negligence, punishable under Section...

AoRs Appearing For Answering Respondents In SLPs Not Entitled To Copies Of Pleadings, Says SC Registry [Read Order]

"It is the duty of said respondents to furnish copy of petition to their advocates. Such respondents can not insist for additional copy of petition to be served upon their advocates."

Delhi-NCR Pollution: SC To Consider EPCA Pollution Control Report, Stubble-Burning Issue On Nov 4

As the Delhi-NCR faces a public health emergency due to severe deterioration in air quality, the Supreme Court will consider on Monday a special pollution control report filed by a panel appointed by it, the EPCA, and other issues including pollution caused by stubble-burning in the neighbouring states. The Environment Pollution (Prevention and Control) Authority in its report has...