Person Once Discharged Can Also Be Added As Accused U/S 319 CrPC Based On New Materials [Read Judgment]

“Since, at an earlier point of time the supplementary chargesheet was ignored by the Trial Court while discharging the appellant, there is no bar to proceed against him under Section 319 Cr.P.C. based on the supplementary charge-sheet, that too when sufficient material is brought on record against him during the course of trial.”The Supreme Court recently upheld a trial court order...

Lok Sabha Passes Surrogacy Regulation Bill To Prohibit Commercial Surrogacy

The Lok Sabha yesterday passed the Surrogacy(Regulation Bill), which was introduced in 2016. The Bill was passed with a voice vote, amid protests by opposition over Rafale deal. Prohibition of commercial surrogacy :The Bill seeks to completely ban commercial surrogacy.The Law Commission of India, in its 228th Report, had recommended prohibition of commercial surrogacy by enacting a...

Vehicle Manufacturers/Dealers Liable To Pay Tax Under Sec. 6 Of Bihar Motor Vehicles Taxation Act, Holds SC [Read Judgment]

“Liability to pay tax under Section 6 is linked with the incidence of manufacturer or the dealer possessing the vehicle which is suitable for use on road during the course of his business.”The Supreme Court has held that the manufacturers and dealers of vehicles are liable to pay additional tax under Section 6 of the Bihar Motor Vehicles Taxation Act.Before the Patna High Court,...

SC Refuses To Stay Bombay HC Judgment Permitting Metro Tunneling Under Fire Temples [Read Order]

‘The State is under constitutional obligation to ensure that the citizen is not deprived of these benefits and conveniences.  Any right of the petitioners to practice of their religion cannot be to the negation of the fundamental rights of the citizens.’  (Bombay HC)Last week, the Supreme Court refused to stay the Bombay High Court judgment permitting metro tunneling under Fire temples...

27 Villagers Challenge WB Govt’s Eviction Move 67 Yrs After Land Acquisition Proceedings, SC Issues Notice [Read Petition]

Can the State evict owners of the land in pursuance of land acquisition proceedings initiated 67 years ago when the actual physical possession of the land was not taken over or would the purported acquisition proceeding be treated as lapsed in view of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?This and several such questions...

Will A.R.Antulay (Jt) Come To The Aid of OPS In His Fight Against Disqualification On The Ground Of Defection?

Last week, during the Supreme Court’s hearing of the challenges to non-disqualification of 11 MLAs led by the Deputy Chief Minister, O.Panneerselvam in Tamil Nadu, the bench of Justices A.K.Sikri, Ashok Bhushan and S.Abdul Nazeer, was told that the landmark case fought by the former Chief Minister of Maharashtra, the late A.R.Antulay, could indeed provide an answer to the dilemma before...

1984 Anti-Sikh Riots Amount To 'Crimes Against Humanity', Observes Delhi HC

"Neither, "crimes against humanity" nor "genocide‟ is part of our domestic law of crime. This loophole needs to be addressed urgently", the Court urged.The Delhi High Court yesterday observed that the anti-Sikh riots of 1984 answered the description of 'crimes against humanity' as the mass killings were "engineered by political actors with the assistance of the law enforcement...

Advocate Madhavi Divan Becomes Third Woman To Be Appointed As Additional Solicitor General In SC

Advocate Madhavi Divan has been appointed as the Additional Solicitor General (ASG) in the Supreme Court, becoming only the third woman to become an ASG in the Apex Court.The first woman to be appointed to the post was Senior Advocate Indira Jaising and the second such woman was Senior Advocate Pinky Anand, who is still holding the post.Notably, Advocate Divan is also the only Supreme Court...

Accused In Summary Court Martial Proceedings Can Engage Legal Advisor: SC [Read Judgment]

“Person who is proceeded against has the option on whether or not to engage a legal advisor or any other person.”The Supreme Court has observed that an accused in a Summary Court Martial is entitled to have the benefit of legal representation.The bench comprising of Justice DY Chandrachud and Justice MR Shah set aside an order of punishment of dismissal from service and six months...

Rafale : Notice For Breach Of Privilege Submitted In Lok Sabha Against PM Modi [Read Notice]

A notice for breach of privilege has been moved in Lok Sabha against Prime Minister Narendra Modi alleging that the Government misrepresented facts in the Supreme Court in the case concerning Rafale deal.The notice has been moved by K.C Venugopal, Congress MP from  Alappuzha, Kerala under Rule 222 of the Rule of Procedure of Lok Sabha.It is stated in the notice that the Government...

1984 Anti Sikh Riots: Delhi HC Awards Life Term To Congress Leader Sajjan Kumar [Read Judgment]

The Delhi High Court, on Monday, convicted Congress leader Sajjan Kumar in a 1984 anti-Sikh riots case.A bench comprising Justice S. Muralidhar and Justice Vinod Goel set aside a lower court order that had acquitted him of the charges. In doing so, the bench reportedly said,“It is important to assure the victims that despite the challenges truth will prevail.”As per an NDTV report,...

Supreme Court Weekly Round-Up

Benefit Of Doubt Arising Out Of Inefficient Investigation Must Be Bestowed Upon The Accused [State of Uttar Pradesh V. Wasif Haider Etc.]The Supreme Court, affirming an acquittal in a murder case, observed that benefit of doubt arising out of such inefficient investigation must be bestowed upon the accused.Executive Magistrate Cannot Direct Police To Register FIR [Naman Pratap Singh vs. State...