State Chief Secretaries Advised To Follow 'Anuradha Bhasin' Judgment For Internet Shutdowns : Union Tells Supreme Court

The Supreme Court on December 10 heard a writ petition filed by the Software Freedom Law Center, a registered society, seeking to regulate internet shutdowns.As per the writ petition, the official data denotes that there has been a total disruption of internet services of 12 shutdowns amounting to more than 71 hours for a large population, ostensibly to prevent cheating in exams, which is...

Who Owns Copyright In Generated Arts Created By AI? Justice Gautam Patel Highlights New Legal Challenges

Former Bombay High Court Judge Justice Gautam Patel highlighted the need for legislation to regulate 'Deepfakes' and flagged the challenges that may arise in addressing the issues with them. Speaking at LiveLaw's 5th Shamnad Basheer Memorial Lecture On 'AI, Trademarks, And Copyright: Emerging Issues', Justice Patel said, "New legislations and building awareness about detecting and...

Supreme Court Stays Death Sentence Of Man Convicted For Killing Mother

The Supreme Court yesterday stayed the death sentence of a man convicted for brutal killing of his own mother and eating her organs.A bench of Justices Surya Kant, Pankaj Mithal and Ujjal Bhuyan passed the order, issuing notice to the State of Maharashtra.Briefly stated, the case was that petitioner-Sunil Kuchkoravi killed his mother in August 2017. He was arrested after a neighborhood...

Supreme Court Says Centre Can Respond To Plea Seeking Direction To Specify Side Effects Of Covishield Vaccine

The Supreme Court on December 10 said the Union Government may file its response to an amendment application seeking that possible adverse effects of Oxford–AstraZeneca's Covishield should be specified in the vaccines including the treatment for those effects. A bench of Justices Vikram Nath and PB Varale was hearing the amendnment application in the pending writ petition filed by a mother...

'Casual Approach': Supreme Court Summons Director General Of Health Services In Plea Of Disabled Candidate For MBBS Admission

The Supreme Court today (December 11) has sought the personal presence of the Director General, Directorate General of Health Services, Ministry of Health and Family Welfare, Government of India tomorrow at 10:30 am in Court. This observation came after the Court found that the approach of the Respondents, in this case, was "casual" in a case related to the medical admission of a 20-year...

Plea Seeking Measures To Mitigate Climate Change : Supreme Court Appoints Amici Curiae To Examine Laws Regulating Carbon Emissions

Recognizing the importance of the issue of carbon emissions and their impact on the environment, the Supreme Court recently appointed Advocates Jay Cheema and Sudhir Mishra as Amici Curiae to examine the existing legal framework governing emissions.A bench of Justice Pamidighantam Sri Narasimha and Justice Manoj Misra further directed Senior Advocate Swarupama Chaturvedi for the Union of India...

Specific Performance Decree For Agreement To Sell Can Be Executed Without Separate Relief For Possession : Supreme Court

The Supreme Court reiterated that it would not be necessary for the decree-holder seeking specific performance of an agreement to sell simpliciter to file a separate application under Section 22 of the Specific Relief Act, 1962 (“SRA”) for claiming possession of suit property. The bench comprising Justices JB Pardiwala and R Mahadevan dismissed the civil appeal filed by the...

Supreme Court Asks BCI To Allow Visually Challenged Students To Give Answers In Computer For All India Bar Exam

The Supreme Court today (December 11) warned that if the 5 visually impaired law students, who wish to appear in the upcoming All India Bar Examination scheduled on December 22, are not given adequate facility to answer the questions on a Word document on the computer, it will not let the exam take place. The Court warned the Bar Council of India, the organising body, of contempt action in...

Caste-Based Insult In Backyard Of Private House Not "Within Public View", No Offence Under S.3 SC/ST Act : Supreme Court

The Supreme Court recently held that alleged caste-based insult or intimidation that occurred in the backyard of a private house does not qualify as being “within public view” under Section 3 of the SC/ST (Prevention of Atrocities) Act, 1989.A bench of Justice BV Nagarathna and Justice Nongmeikapam Kotiswar Singh discharged a man from the charges alleged against him under the Scheduled...

No Interim Stay On Bar Association Elections Being Held Strictly As Per Bye-Laws, Policies : Supreme Court Clarifies

During the hearing of the case concerning strengthening of Bar Associations across the country, the Supreme Court today clarified that there is no impediment against Bar Associations holding elections strictly in accordance with their constitutions/bye-laws/policies/rules."It is clarified that there is no interim stay passed by this Court against holding of elections of the Bar...

S. 19 PC Act | Irregularity In Sanction Order No Ground For Acquittal Unless Failure Of Justice Is Shown : Supreme Court

The Supreme Court clarified that an irregularity in obtaining sanction to prosecute a public servant under the Prevention of Corruption Act, 1988 ("Act"), does not justify an acquittal unless it causes prejudice to the accused.A bench comprising Justices PS Narasimha and Manoj Misra was hearing a criminal appeal by the Central Bureau of Investigation (CBI) challenging the Punjab &...

ED Can Instruct Prosecutors On Facts, But Cannot Instruct How Prosecutors Should Act In Court: Supreme Court

The Supreme Court on Wednesday (December 11) held that while the Enforcement Directorate (ED) and its director can give instructions related to facts of a case to prosecutors, they cannot dictate the prosecutors' actions in court.“We may also note here that the Enforcement Directorate and its Director can give instructions to public prosecutors on facts of the case. However, the...