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Principles To Be Followed By Appellate Courts In Deciding Appeals From Acquittal : Supreme Court Explains
Recently, the Supreme Court observed that if the appreciation of evidence leads to two possible views, then the decision of the Trial Court acquitting the accused could not be reversed by the Appellate Court merely because there exists another view that led to the conviction of the accused.According to the court, if the appreciation of evidence leads to two possible views, then the view...
Why Death Penalty Only To Persons Who Aren't SC/ST? Supreme Court Questions Basis For Classification In SC/ST Act Provision
The Supreme Court on Tuesday (February 13) asked the Attorney General for India the basis for a provision in the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which prescribes mandatory death penalty to a person who does not belong to SC/ST community for the offence of fabricating evidence in case resulting in the execution of an innocent SC/ST member.Pointing...
Can Advocate Be Held Liable Under Consumer Protection Act? Supreme Court Starts Hearing
The Supreme Court is set to examine whether services rendered by the lawyer would come within the ambit of the Consumer Protection Act of 1986. The issue, which is relevant for members of the Bar, emerged from a judgment delivered by the National Consumer Disputes Redressal Commission in 2007. The Commission had ruled that the services rendered by lawyers are covered under Section 2...
Need Of A Case Management System In The Supreme Court
Recently, the Supreme Court had stopped the practice of letter circulation by lawyers and today, the Court has come out with a new standard procedure of permitting the circulation, subject to certain conditions.The 'Letter Circulation' in the Supreme Court is nothing but a simple letter addressed to the Registrar of the Court, seeking adjournment, The practice has been there for decades, integral to Supreme Court practice procedure. A format of letter circulation runs as follows: “03rd May,...
'Historical Structures Aren't Encroachments' : Plea In Supreme Court Seeks Protection Of Religious Structures In Delhi's Mehrauli
A petition has been filed in the Supreme Court seeking directions to protect the centuries-old religious structures including the 13th Century Ashiq Allah Dargah (1317 AD) and Chillagah of Baba Farid near Mehrauli in Delhi.The petitioner approached the Supreme Court challenging the order dated February 8 passed by the Delhi High Court which declined to pass specific directions for the...
UAPA Challenge | Supreme Court Allows Petitioners Time To Decide If They Want To Approach High Court
The Supreme Court on Wednesday (February 14) begun hearing a batch of pleas challenging several provisions of the Unlawful Activities (Prevention) Act. However, the proceedings were adjourned until tomorrow to give the petitioners time to consider whether they wished to pursue the matter in the high court.These petitions, grouped together for adjudication, were slated to be heard by a bench...
If Trial Court's Acquittal Is A Plausible View, Then High Court Shouldn't Convict Accused By Reappreciating Evidence: Supreme Court
The Supreme Court observed that if the appellate court, while appreciating the evidence in an appeal against acquittal, finds that two views are plausible, then the view favoring the innocence of an accused must be takenSetting aside the impugned findings of the High Court which had convicted the accused while reversing the trial court's order of acquittal, the Bench Comprising Justices Bela...
'Adjournment Letters Can Be Circulated Only Once' : Supreme Court Notifies New Procedure To Circulate Adjournment Letters
The Supreme Court on Wednesday (February 14) issued a new circular outlining the procedure and modalities for the circulation of letters requesting adjournment of cases.Under the new procedure, letters for adjournment will not be entertained in certain categories of cases, including those related to bail or anticipatory bail, where exemption from surrendering has been sought, matters...
MP HC Judge Requests Transfer As Son Practises In Same Court; Supreme Court Collegium Proposes Transfer To Telangana HC
In the latest development, the Supreme Court's collegium has agreed to the request of Justice Sujoy Paul of Madhya Pradesh High Court regarding his transfer to a different Court. The request was made on 12th February on the ground that his son is practicing in the same High Court. Consequently, the Supreme Court released the notification yesterday (February 13th),...
Supreme Court Collegium Accepts Justice Moushumi Bhattacharya's Transfer Request; Proposes Her Transfer From Calcutta HC To Telangana HC
In a significant development, the Supreme Court's collegium has agreed to the request of Justice Moushumi Bhattacharya of Calcutta High Court regarding her transfer to a different Court. The transfer was sought for personal reasons. As per the notification released yesterday (on February 13th), Justice Bhattacharya has now been transferred to the High Court of...