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Common Intention Cannot Be Inferred Mechanically Merely Based On Presence Of Accused Near Crime Scene : Supreme Court
The Supreme Court recently, while affirming the life imprisonment of three accused/appellants for murder, modified the sentence of another accused (A3) to culpable homicide and sentenced him to ten years. The Division Bench of Justices BR Gavai and PS Narasimha opined that the Trial and the High Court convicted A3 based on Section 34 (common intention) of the Indian Penal Code, 1860. He...
Being Custodian, It's The State Which Must First Assess If Tree-Felling Is Even Required: Supreme Court
While hearing a public interest litigation with respect to the environmental issues in the Taj Trapezium Zone, the Supreme Court on Tuesday (February 6) expressed displeasure at private parties seeking permission to fell trees for industrial projects without first approaching the custodian of subject land (ie State) and/or providing a concrete plan for compensatory afforestation.The Bench...
Supreme Court Criticises NGT's Trend Of Passing Ex-Parte Orders Imposing Penalties, Says Tribunal Must Act With 'Procedural Integrity'
Recently, the Supreme Court voiced its discontent with the National Green Tribunal's practice of passing ex parte orders and imposing damages. The judgment, authored by Justice PS Narasimha, has marked that such unilateral decision-making 'has regrettably become a prevailing norm.' “The National Green Tribunal's recurrent engagement in unilateral decision making, provisioning ex...
Supreme Court Redirects Applications Seeking Permission For Surrogacy To High Courts
In a significant development, the Supreme Court this week directed new applicants seeking permission to undergo surrogacy to approach the jurisdictional high courts. The Court clarified that the pendency of the petitions challenging the provisions of the surrogacy law in the Supreme Court will not bar the High Courts from entertaining applications filed by individuals seeking permission...
Supreme Court Live Updates - SC/ST Reservation Subclassification : 7-Judge Bench Hearing [Day 2]
A seven-judge bench of the Supreme Court will continue hearing the reference on the permissibility of Sub-Classification Within SC-ST Reservation.The Bench led by CJI DY Chandrachud also comprises Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma. The report of the Day 1 hearing can be read here.The matter was referred to a 7-judge bench by...
Subclassification Necessary To Uplift Most Backward Among Scheduled Castes : State Of Punjab Tells Supreme Court [Day 1]
A 7-judge Constitution Bench of the Supreme Court on Tuesday (February 6) began hearing the referred matter on the permissibility of sub-classification among Scheduled Castes (SC)& Scheduled Tribes (ST).The Bench led by Chief Justice of India DY Chandrachud also comprises Justices BR Gavai, Vikram Nath, Bela M Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma.The matter...
Sentence Should Be Suspended Normally When Appeal Is Unlikely To Be Heard Before Completion Of Sentence: Supreme Court
Recently, the Supreme Court reiterated that Courts should normally suspend sentences and grant bail in cases where an appeal challenging the conviction is unlikely to be heard before the completion of the entire sentence. “Before parting with order, we must note here that notwithstanding several decisions of this Court holding that when there is a fixed term sentence and...
ECI Recognizes Ajit Pawar Faction As Nationalist Congress Party, Allots Official Symbol To Them
The Election Commission of India has recognized the Ajit Pawar faction as the official Nationalist Congress Party. The ECI held that the Ajit Pawar faction will be entitled to use the "clock" symbol, which is the reserved symbol for the NCP faction.The ECI passed the order allowing the application filed by the Ajit Pawar faction under the Election Symbols (Reservation and Allotment) Order...
Customs Act | Claimant Entitled To Interest On Delayed Return Of The 'Duty Drawback' : Supreme Court
The Supreme Court on Monday (February 5) observed that if there is a delay in refund of the 'duty drawback' to the claimant under the Customs Act, 1962, then the claimant would be entitled to interest in addition to the amount of drawback at the rate of interest which was fixed by the Central Government at the relevant point of time. It was contended on behalf of the Directorate General...
Uttarakhand UCC Bill Mandates Registration Of Live-In Relationship Within One Month Of Entering Into Relationship
In a significant move, Uttarakhand's Uniform Civil Code Bill was tabled in the State Assembly during its special session. This Bill, presented by Uttarakhand's Chief Minister, Pushkar Singh Dhami, aims to incorporate several changes to establish consistent laws for personal issues like marriage, divorce, inheritance and so on. One of the crucial changes proposed by the instant Bill is...
District Magistrate Lynching Case : Supreme Court Directs Former Bihar MP Anand Mohan To Deposit Passport & Report Fortnightly To Police
In a plea challenging the premature release of former Bihar MP Anand Mohan in a case against mob lynching of a District Magistrate in 1994, the Supreme Court today directed that Mohan shall immediately deposit his passport with the local Police Station and report there on a fortnight basis.The Bench, comprising Justices Surya Kant and KV Viswanathan, passed the order in view of information...





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