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'Shocks Conscience': Delhi High Court On Baba Ramdev's 'Sharbat Jihad' Remark Against Hamdard Roohafza
The Delhi High Court on Tuesday orally remarked that Baba Ramdev's “Sharbat Jihad” remark against Hamdard's Rooh Afza shocked its conscience and was indefensible.“It shocks the conscience of the Court. This is indefensible,” Justice Amit Bansal said while hearing Hamdard's suit against Ramdev.Earlier this month, Ramdev, while promoting Patanjali's rose sharbat, claimed that the...
Nishikant Dubey's Remarks : Plea In Supreme Court Seeks Removal Of Social Media Content Derogatory To Judiciary
The Supreme Court on Tuesday agreed to consider next week a plea seeking directions to remove social media posts/videos doing rounds on the internet since BJP MP Nishikant Dubey's remarks against the Court and CJI Sanjiv Khanna, which were "derogatory and contemptuous" towards the judiciary. The petitioner's counsel, Advocate Narender Mishra, mentioned the matter before a Justice BR...
Maharashtra Ownership Flats Act | Writ Court Shouldn't Interfere With Deemed Conveyance Order Unless Manifestly Illegal : Supreme Court
In a significant judgment related to the Maharashtra Ownership Flats Act, 1963 (“MOFA”), the Supreme Court on Monday (April 21) held that the competent authority under MOFA has the power to grant an order of deemed conveyance. It further emphasized that High Courts should not interfere with such orders unless they are found to be illegal. The bench of Justice Abhay S. Oka and Justice...
Legal Heirs' Suit Against Compromise Decree Not Maintainable When Original Party Didn't File Recall Application : Supreme Court
The Supreme Court yesterday (April 21) reiterated that the only option to assail the correctness of the compromise decree passed under Order 23 Rule 3 CPC is to file a recall application. “The only remedy against a compromise decree is to file a recall application.”, the court said. Holding thus, the Court dismissed an appeal where the Appellants were aggrieved by the impugned...
“Deeper Probe Is Required”: Supreme Court Pulls Up Delhi Government Over Its Handling Of Remission Cases
The Supreme Court today (April 21) slammed the Delhi Government for its handling of a prisoner's case seeking permanent remission.A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan said that a “sorry state of affairs” prevails in the manner in which Delhi government is dealing with issue of premature release of the prisoners.“Perhaps a deeper probe is required in this case about...
Copyright Claim Over Songs In Restaurants: Supreme Court Stays Delhi HC Direction In Phonographic Performance Ltd's Plea
The Supreme Court has stayed Delhi High Court's direction to Azure Hospitality Pvt. Ltd. to pay Phonographic Performance Ltd. (PPL) as per the tariff of Recorded Music Performance Ltd. (RMPL), as if PPL were a member of RMPL, for playing songs from PPL's catalogue.A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan issued notice in PPL's special leave petition challenging the judgment of...
'We're Criticised Of Interfering With Executive & Legislative Functions' : Supreme Court On Plea For OTT Regulation
A public interest litigation has been filed before the Supreme Court against OTT platforms Netflix, Amazon Prime, Altt Balaji (and others) assailing distribution of "obscene" content through their means.The matter was listed today before a bench of Justices BR Gavai and AG Masih, which appeared disinclined to entertain it, being of the view that the issue lies in policy domain. "How can...
'Unfortunate Fight In God's Name' : Supreme Court On Legal Fight Between Factions In Himachal Temple Committee
The Supreme Court will consider the issue whether High Courts under the jurisdiction of S. 482 CrPC can pass directions in relation to the management of temple affairs and the placement of idols. The bench of Justice Vikram Nath and Justice KV Viswanathan was hearing a challenge to the Himachal Pradesh High Court's order, which gave directions for shifting centuries-old Durga Idol to the...
Absence Of Motive No Ground For Acquittal When There Exists Strong Circumstantial Evidence : Supreme Court
The Supreme Court observed that the absence of motive will not be fatal to the prosecution's case if there exists strong circumstantial evidence proving the guilt of the accused beyond a cavil of doubt. The Court said that “when the circumstances are very convincing and provide an unbroken chain leading only to the conclusion of guilt of the accused and not to any other hypothesis; the...