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...

HC Can’t Go Beyond Judgment & Decree Of Trial Court While Dismissing Appeal Against It, In Absence Of Cross Appeal/Objection: SC [Read Judgment]

 “The Appellants-original Defendants cannot be put in a worse condition than beyond the judgment and decree passed by learned Trial Court which was appealed before the First Appellant Court and that too in the absence of any cross-appeal or cross objection by the original Plaintiffs.”The Supreme Court has observed that, while dismissing an appeal filed by a defendant, the high court...

Rajasthan Hate Crime : SC Asks Govt To Explain Whether Accused Uploaded Videos From Jail

The Supreme Court on Friday asked the Rajasthan Government to explain whether Shambhu Lal Raigar, who is accused of hate crime by hacking and burning a Muslim man to death, happened to upload videos while being lodged in Jodhpur jail and if so, how was it possible."The State shall, in particular, explain whether a video was uploaded from within the jail premises by the newly added...

Vehicle Owner As Per RTO Records Liable For Accident Even If It Occurred Within Prescribed 30 Days For Reporting Transfer: SC [Read Judgment]

“These timelines and obligations are only to facilitate the reporting of the transfer. It is not as if that if an accident occurs within the period prescribed for reporting said transfer, the transferor is absolved of the liability.”It may be better to be late than never. But it is always safe and best to be at the earliest.The Supreme Court held that, if an accident occurs within the...

If The Dialogical Role Of Law Is Forsaken, Law Becomes A Diabolical Instrument: Chandrachud.J At IDIA Conference

“Just as a novelist shapes the characters of his story, Judges rely on facts to craft a narrative that they deem to be most reasonable”, articulated Supreme Court Justice D. Y. Chandrachud at the recently-organized IDIA Law Annual Conference on ‘Law and Storytelling’ in New Delhi.Justice Chandarchud was delivering the keynote address on “The ‘Narrative’ of Justice”.“Judges...

SC Has Not Issued Blanket Stay On Meghalaya HC’s Suo Motu Order To Make Umroi Airport Operational [Read Order]

The Supreme Court has not stayed the suo motu order of the Meghalaya High Court requiring the concerned authorities and the airliners to take a final decision on the dates on which the flights will start operating from the Umroi airport.The Apex Court has only stayed the portion of the high court order which required personal appearance of Aviation officials and officers of Airline carriers,...

Disqualification On The Ground of Defection Can Apply Only To Those Motivated By The Lure Of Office Or Bribery, And Not To Disputes Within The Party, SC Told

Defending the conduct of the 11 Members of the O.Panneer Selvam faction of the AIADMK for voting against the Chief Minister’s vote of confidence in February 2017, senior counsel, Guru Krishna Kumar told the Supreme Court bench of Justices A.K.Sikri, Ashok Bhushan and S.Abdul Nazeer, that they did not join the opposition to bring the Government down.Relying on the Supreme Court’s...

Breaking: Centre Seeks Correction Of Factual Errors In Rafale Judgment [Read Application]

After the Supreme Court rendered its verdict on Friday, dismissing a string of PILs for an independent inquiry into the propriety of the decision-making process, pricing and procedure of procurement as followed in the 2015 Rafale deal, the Union of India has moved an application seeking a correction in the language of two sentences in the judgment.The error in the two sentences, the Centre...

‘Bona Fide Need’ Can’t Be Doubted If Landlord Does Other Business During Pendency Of Eviction Petition: SC [Read Judgment]

“It would be inappropriate to expect the son of the respondent – landlord to sit idle without doing any work till the eviction petition is decided on the basis of the bona fide requirement.”The Supreme Court has held that it would be inappropriate to expect that the landowner or his son (for whom the building is required) should sit idle and not to perform any work till the suit...