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

Q.1 What is a “cognizable offence” and a “cognizable case”? Ans. Section 2 (c) Cr.P.C defines both the above expressions as follows:- “2 (c) – “cognizable offence” means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in...

Uttarakhand's UCC – Unifying Laws Or Dividing Communities? [Part-II]

Read the First Part of this Article hereProbate and Letters of AdministrationA cumbersome and expensive step has been added to intestate succession in a chapter dealing with testamentary succession, probate, and letters of administration. Letters of administration (LoA) for intestate succession under the Indian Succession Act are applicable in a very limited way to a narrow class of non-Indians and do not apply to Hindus, Muslims or Christians. As of now, it is a purely voluntary...

Primary Teachers | Any Bridge Course To Put B.Ed. Holders At Par With D.El.Ed. Candidates? Supreme Court Asks Union

In a service-related matter, the Supreme Court has asked the Union of India to apprise if there is any bridge course in operation that teachers with Bachelor of Education (B.Ed.) qualification, who were appointed prior to its judgment in 2023, can take to train themselves to be at par with D.El.Ed candidates.The direction has come in an order passed by the Bench of Justices Aniruddha Bose...

Justice Gavai-led Bench Says Aravalli Batch Matters Ought To Be Listed Before It; Asks Registry To Take Instructions From CJI

The Supreme Court's Green Bench (on March 14) has directed the registry to obtain CJI's order on whether all the matters pertaining to Aravalli Range can be heard together by the same Bench. The Bench, which comprised Justices B.R. Gavai and Sandeep Mehta, based its reasoning on the fact that it has been monitoring this issue and has also appointed certain committees in this...

Supreme Court Posts BRS Leader K Kavitha's Plea Against ED Summons To March 19

The Supreme Court on Friday (March 15) adjourned the hearing of the plea by Bharat Rashtra Samithi (BRS) leader and former Telangana CM's daughter K. Kavitha challenging ED summons in relation to the Delhi Excise Policy case till March 19 A Bench of Justices Bela M Trivedi and Pankaj Mithal adjourned the matter noting that the connected cases (which raise the legal point whether a woman can...

Supreme Court Grants Interim Protection To Poet In Case Over Poem Titled 'Ram'

In anticipatory bail plea of a man accused of hurting religious sentiments and creating communal discord through his poem on Hindu God Shri Ram and Goddess Sita, the Supreme Court today issued notice.The Court also granted him interim relief by directing that he shall not be arrested on the condition that he shall cooperate with the investigation.The order was passed by a Bench of Justices...

S.143A NI Act | Interim Compensation In Cheque Dishonour Cases Isn't Mandatory : Supreme Court Lays Down Broad Parameters

The Supreme Court on Friday (March 15) observed that mere filing of the cheque dishonor complaint under the Negotiable Instruments Act would not grant a right to a complainant to seek interim compensation under Section 143A (1) of the N.I. Act, as the power of the court to grant interim compensation, isn't mandatory but discretionary and needs to be decided after prima facie evaluating the...

Retired HC Judges Can't Be Discriminated Regarding Pension Based On Whether They're Elevated From Service Or Bar : Supreme Court

In an important judgment, the Supreme Court on Friday (March 15) held there cannot be any discrimination between the retired High Court judges, depending on their source of elevation (whether from the bar or the District Judiciary), while computing their pensionary benefits.The Court held that held that the pensionary entitlement of a retired High Court judge, who is elevated from the...

"Leaders Shouldn't Be Stopped From Meeting People Who Elected Them": Madras HC Directs Coimbatore Police To Allow PM Modi's Road Show, Imposes Restrictions

The Madras High Court has directed the Coimbatore police to grant permission for conducting a 4 km road show in Coimbatore in connection with Prime Minister Narendra Modi's visit to the city on March 18, 2024. The court has however imposed some restrictions on the conduct of the roadshow. The district police authorities had denied permission for the road show earlier today. Justice...

Senior Advocate Ranji Thomas Resigns From SCBA's Executive Committee, Says It 'Failed To Adhere To Basic Democratic Principles'

In a recent turn of events amid the ongoing conflicts between the Supreme Court Bar Association's President and its Executive Committee, senior advocate Ranji Thomas submitted resignation from the executive committee on March 15th. One of the main reasons mentioned in the letter is that the President and Secretary took various decisions, like writing letters to the Chief Justice of...

'Disclosure Affects Corporate Donors' : SCBA President Adish Aggarwala Writes To CJI Seeking Suo Motu Review Of Electoral Bonds Verdict

After writing to President Droupadi Murmu asking for a presidential reference against the recent electoral bonds verdict and for its implementation to be withheld, Senior Advocate Dr Adish C Aggarwala, the president of the Supreme Court Bar Association (SCBA), has now penned a letter to Chief Justice DY Chandrachud.In his letter written on the letterhead of All India Bar Association (AIBA),...

Employer Can't Change Qualifications Prescribed In Advertisement In The Middle Of Selection Process : Supreme Court

Recently, the Supreme Court observed that any change to the eligibility/qualifications prescribed in the recruitment advertisement in the middle of the selection process is an impermissible exercise and would tantamount to denial of opportunity to the candidate eligible to be selected as per the original advertisement. “It is settled law that it is not open for an employer to change...