Supreme Court To Pronounce Judgment Tomorrow On Reference Against Automatic Stay Vacation Rule In 'Asian Resurfacing' Judgment

The Supreme Court will pronounce its judgment tomorrow in the reference against the 2018 judgment in Asian Resurfacing of Road Agency P. Ltd. Director V. Central Bureau of Investigation as per which interim orders of stay granted by High Courts and other courts in civil and criminal trials will automatically expire after a period of six months unless the orders are specifically extended....

Understanding Of People's Problems Makes Us Better Lawyers And Judges, Not Just Legal Knowledge : CJI DY Chandrachud

In a felicitation function organised by the Supreme Court Bar Association (SCBA) for the newly sworn-in judges, Chief Justice DY Chandrachud shared insightful wisdom for judges and young lawyers, emphasising the importance of understanding people's problems over mere legal knowledge. He said –“There is a vast body of literature on how judges must decide and what goes into...

Interim Order Restricting Zoos/Safaris Within Forests Will Operate Only Till Final Judgment Of Coordinate Bench, Clarifies Supreme Court

The interim order passed by a bench led by the Chief Justice of India restricting the establishment of zoos/safaris within forest areas will operate only till the final judgment on the very same issue is pronounced by another coordinate bench.It was on February 19 that a 3-judge bench led by CJI Chandrachud passed the interim order in a batch of writ petitions challenging the Forest...

Once Magistrate Seeks Report From Police Under S.202 CrPC, Summons To Accused Be Postponed Until Police Report Is Received: Supreme Court

The Supreme Court held that once the Magistrate has called for the police report under Section 202 of the Code of Criminal Procedure, then the magistrate couldn't issue a summon unless the report is submitted by the policeReversing the decision of the High Court which had refused to quash the summons issued by the Magistrate, the Supreme Court Bench of Justices Abhay S. Oka and Ujjal...

Petition Filed In Supreme Court Challenging Demolition Drive In Lucknow's Akbar Nagar

A petition has been filed in the Supreme Court challenging the demolition of commercial spaces in Lucknow's Akbar Nagar, after the Allahabad High Court dismissed the pleas of 24 occupants yesterday, paving the way for the Lucknow Development Authority (LDA) to demolish allegedly illegal establishments in the area.Following the high court's order, the LDA wasted no time in commencing...

Post-Retirement Benefits For Judges Most Dangerous Part Of Judicial System : Kamini Jaiswal

Recently, advocate Kamini Jaiswal, while speaking at a seminar on judicial accountability, stressed how the post-retirement benefits for judges are the most dangerous part of the judicial system. Jaiswal averred that there is no reason why judges should be looking up to the government for such benefit. Marking how such benefits affect the system, she said judges work 'very well'...

State Of TN Must Train Police Officers On Procedure To Obtain Certificate Under S.65B Indian Evidence Act : Supreme Court

Recently, the Supreme Court remarked that the state government (Tamil Nadu) should impart proper training to police officers on obtaining certificate for electronic evidence as stipulated under Section 65B of the Evidence Act. "Before we part with the judgment, we must note here that the PW-19, the Investigating Officer, was not aware of the procedure to be followed for obtaining a...

[GNLU-Queerphobia, Rape Allegations] 'Fact-Finding Panel's Report Is Scary, Students' Voices Suppressed': Gujarat HC Castigates University Admin

In a scathing observation, the Gujarat High Court today castigated the Gujarat National Law University (GNLU) administration for 'suppressing' allegations made by two students regarding queerphobia and rape on the University campus.Describing the sealed cover report submitted by the reconstituted Fact-Finding Committee, which was constituted to look into the allegations, as "scary", a bench...

Mere Demand For Ransom After Kidnapping Won't Amount To S.364A IPC Offence If There's No Death Threat : Supreme Court

Recently, the Supreme Court acquitted an accused charged under Section 364A of the Indian Penal Code i.e., kidnapping for ransom, after finding that the prosecution failed to establish that there was an instant threat of death to the kidnapped from the accused. “Therefore, the ingredients of Section 364A of IPC were not proved by the prosecution inasmuch as the prosecution failed to...

State Is Not Doing Any Charity By Paying Compensation To Citizen Whose Land Was Acquired : Supreme Court

Recently, the Supreme Court held that the State cannot deprive the citizen of using the land for years and then paying compensation to show graciousness."Though, the Right to Property is no more a Fundamental Right, still it is recognized as a Constitutional Right under Article 300A of the Constitution of India. Depriving a citizen of his Constitutional Right to use the land for 20 years and...

Wife's Suicide Within 7 Years Of Marriage Won't Raise Presumption Of Husband's Abetment If There's No Evidence Of Cruelty: Supreme Court

Setting aside a husband's conviction for abetment of his wife's suicide, the Supreme Court recently held that by raising presumption under Section 113A of Evidence Act, a person cannot be held guilty for the offence under Section 306 of IPC when cogent evidence of harassment or cruelty is absent.To quote the observation, "mere fact that the deceased committed suicide within a period of...

Can Royalty Collected On Mining Leases Be Considered As Tax? Supreme Court 9-Judge Bench Starts Hearing [DAY1]

The Supreme Court 9-judge Constitution Bench today (February 27) commenced its hearing on the multifaceted taxation matter of mineral-bearing lands. The key reference question involved in the present matter is to examine the nature and scope of royalty as prescribed under Section 9 of the Mines and Minerals (Development and Regulation) Act, 1957 (MMDR Act) and whether it could be termed as...