The Basics Of “Criminal Trial” For The Novices In The Bench And The Bar [Q and A-Part-X]

SECTION 313 EXAMINATIONQ.43 What is meant by Section 313 examination? Ans. Section 313 Cr.P.C. clothes every criminal court with the power to examine the accused for the purpose of enabling him to personally explain any incriminating circumstance appearing in the evidence for the prosecution. This examination can be conducted by the Court at two stages – At any stage the Court...

Supreme Court To Hear Delhi CM Kejriwal's Challenge Against ED Arrest On April 15

The Supreme Court is scheduled to hear the Delhi Chief Minister Arvind Kejriwal's petition challenging his arrest by the Enforcement Directorate (ED) on Monday (April 15). The Special Leave Petition (SLP) filed by CM Kejriwal is listed for hearing before the bench of Justices Sanjiv Khanna and Dipankar Datta. It may be recalled that on April 10, the Delhi High Court dismissed his plea ,...

The Complete Supreme Court Annual Digest- 2023 [Part-V]

Collegium Centre must stop 'pick & choose' approach to collegium proposals : Supreme Court deprecates 'selective' appointments of Judges. Advocates Association Bengaluru v. Barun Mitra, 2023 LiveLaw (SC) 985 Community Certificate A community certificate in cases of scheduled tribe communities, unlike any other piece of paper, is an acknowledgment of a person belonging to...

Insurance Law| Insurer's Burden To Prove Insured Suppressed Material Facts : Supreme Court

While upholding the insurance claim repudiated by the insurance company on the ground of suppression of policies already held by the insured, the Supreme Court observed that the insurance company failed to discharge the burden of proof to show that the insurer had other policies existing while taking a policy from it. “The cardinal principle of burden of proof in the law of evidence is...

CIC Expresses 'Severe Displeasure' At Election Commission For Not Responding To RTI On EVMs For More Than A Year

The Central Information Commission (CIC)in its recent Order has criticized the Election Commission of India (ECI) while expressing "severe displeasure" for failing to respond to a Right to Information (RTI) Act request regarding Electronic Voting Machines (EVMs) for over a year. The RTI inquiry requested information regarding the actions taken by the poll panel in response to a...

Financial Position Of Employer Strong Factor In Fixing Wage Structure Of Employees: Supreme Court

While setting aside a High Court judgment over an industrial dispute, the Supreme Court recently reiterated that financial capacity of an employer is an important factor which cannot be ignored while fixing wage structure of employees.The Bench of Justices Aniruddha Bose and Sanjay Kumar was deciding on an appeal against a judgment of the Bombay High Court directing wage revisions, when it...

NDPS Act | Officer Must Mandatory Record In Writing Reasons For Arrest/Search As Per S.41(2), Violation Will Vitiate Trial : Supreme Court

The Supreme Court recently (on April 09) overturned the conviction of the accused individuals under the Narcotic Drugs and Psychotropic Substances Act, 1985 (Act), rejecting the interpretation of Section 41 (Power to issue warrant and authorization) put forth by the National Bureau of Narcotics.Imperatively, this Section empowers the competent officer to arrest or conduct a search. To do so,...

Breaking: Delhi Court Remands BRS Leader K Kavitha To CBI Custody Till April 15 In Liquor Policy Case

A Delhi Court on Friday remanded BRS leader K Kavitha to Central Bureau of Investigation (CBI) custody till April 15 in the alleged liquor policy scam.Special judge Kaveri Baweja of Rouse Avenue Courts passed the order after Kavitha was produced in court following her arrest by the probe agency yesterday.As per CBI, Kavitha is one of the key conspirators in the liquor policy case and...

Liquor Policy Case: Delhi Court Seeks ED, CBI Response On Manish Sisodia's Plea Seeking Interim Bail To Campaign For Lok Sabha Polls

Former Deputy Chief Minister of Delhi and Aam Aadmi Party leader Manish Sisodia on Friday moved a Delhi Court seeking interim bail on the ground of campaigning for the upcoming Lok Sabha polls. Sisodia is presently in judicial custody in the alleged liquor policy scam case. Special judge Kaveri Baweja of Rouse Avenue Courts sought response of the Enforcement Directorate (ED) and Central Bureau...

S.27 Evidence Act | To Use Statement Of Accused On Fact Discovery, Prosecution Must Establish No One Else Had Information About It : Supreme Court

To convict an accused based on the statements made under Section 27 of the Evidence Act, the Supreme Court observed that the prosecution must establish the fact that the discovery of the evidence based on the statement made by the accused under Section 27 of the Evidence Act must not be known to anyone before the information was given by the accused. “The prosecution will have to...

Supreme Court Rejects Army's Review Petition Against Direction To Pay 1.5 Crore To Officer Who Got HIV During Blood Transfusion

The Supreme Court has dismissed a review petition filed by the Indian Army against the judgment which directed them to jointly pay nearly Rs 1.6 crore compensation to a former air force officer who contracted HIV due to medical negligence in blood transfusion at a military hospital in 2002.The review petition was filed against the judgment delivered on September 26, 2023, which held both the...

Advocates Move Supreme Court Against Gujarat HC Order Directing Investigation Against Them For Allegedly Forging Vakalatnama

A petition has been filed in the Supreme Court by two practising advocates from Gujarat against whom the Gujarat High Court has directed to lodge an inquiry for alleged misconduct of forging the vakalatnama of their client. The petitioners have sought a stay on the order, contending that such a direction impinged upon their reputation, dignity and right to continue their profession under...