Principles On Admissibility Of Secondary Evidence : Supreme Court Explains

The Supreme Court on Tuesday (29.11.2023) explained the principles relevant for examining the admissibility of secondary evidence under the Indian Evidence Act, 1872. The Court also reiterated that "if a document that is required to be stamped is not sufficiently stamped, then the position of law is well settled that a copy of such document as secondary evidence cannot be adduced."A bench...

ED Summons To District Collectors A 'Fishing Expedition' Without Showing Existence Of Proceeds Of Crime: Madras High Court

While staying the summons issued by Enforcement Directorate to District Collectors in an alleged sand mining money laundering case, the Madras High Court observed that the ED had attempted to conduct a “fishing enquiry” relating to sand mining without the existence of proceeds of crime. The division bench of Justice SS Sundar and Justice Sunder Mohan had passed the interim...

Hate Speech | Supreme Court Issues Notice To Gujarat, Kerala, TN & Nagaland To Ascertain If Nodal Officers Appointed

While hearing a batch of petitions to curb hate speeches, the Supreme Court issued notice to the States of Gujarat, Kerala, Tamil Nadu and Nagaland to determine if they have appointed nodal officers in terms of the 2018 judgment in the Tehseen Poonawalla case to deal with hate crimes and mob violence.The Court issued notice to these States after the Union Government informed that they have...

High Courts Have Duty To Quash Vexatious Criminal Prosecutions : Supreme Court

The Supreme Court (on November 28) underscored the duty of the High Court in providing protection against vexatious and unwanted prosecution.Setting aside a judgment of the Allahabad High Court which refused to discharge the accused in a criminal case, the bench comprising Justices Vikram Nath and Ahsanuddin Amanullah observed :“The protection against vexatious and unwanted prosecution and...

'Won't Deal With Individual Cases' : Supreme Court Refuses To Consider Plea Against Udhayanidhi Stalin For 'Sanatana Dharma' Remarks

While considering a batch of petitions seeking to curb hate speeches, the Supreme Court on Wednesday (November 29) clarified that it will not deal with individual cases of violations.Clarifying that its intent is to lay down an "infrastructure or mechanism" in place to deal with hate speech cases, the Court said that individual cases have to be dealt with by the jurisdictional courts.A...

Supreme Court Allows Centre To Extend Term Of Delhi Govt Chief Secretary Naresh Kumar; Upholds Centre's Power To Appoint GNCTD Chief Secretary

The Supreme Court on Wednesday (November 29) allowed the Union Government to extend by six months the term of the Chief Secretary of the Government of the National Capital Territory of Delhi, Naresh Kumar, who is otherwise due to retire tomorrow.The Court held that the Central Government has the power to appoint the Chief Secretary of the Delhi Government and that such power includes the power...

TN Vigilance Director Objects To Listing Of Case Before Justice Bela Trivedi's Bench; Says Matter Was Being Heard By Another Bench

The Director Of Vigilance And Anti Corruption (DVAC) of Tamil Nadu has objected to the listing of a matter before a bench led by Justice Bela M. Trivedi stating that it was earlier listed before a bench headed by Justice Aniruddha Bose. The matter pertains to an appeal filed by the DVAC against a Madras High Court order that ruled that there was no reason for conducting another...

Supreme Court Adjourns Umar Khalid's Bail Hearing After Joint Request By Both Sides; Lists On January 10, 2024

The Supreme Court adjourned the hearing of former JNU scholar Umar Khalid's bail application in the Delhi riots larger conspiracy case on Wednesday (November 29), based on a joint request by both sides.As Senior Advocate Kapil Sibal and Additional Solicitor General SV Raju were unavailable on this day, both the petitioner and the Delhi Police requested an adjournment. Although the Court...

'Why Is Governor Sitting On Bills For Two Years?' : Supreme Court Criticises Kerala Governor Arif Mohammed Khan

The Supreme Court on Wednesday, (November 29) criticised the conduct of the Kerala Governor Arif Mohammed Khan in sitting over the bills passed by the Kerala State Legislative Assembly for two years."No reason has been given by the Governor to keep the bills pending", observed the bench led by Chief Justice of India DY Chandrachud in the order. "The power of the Governor cannot be utilised...

ED Can't Invoke PMLA Using S.120B IPC When Criminal Conspiracy Isn't Linked To A Scheduled Offence : Supreme Court

In an important judgment pronounced today, the Supreme Court clarified that an offence of criminal conspiracy punishable under Section 120-B of the Indian Penal Code will be deemed a scheduled offence under the Prevention of Money Laundering Act (PMLA) only if the alleged conspiracy is directed towards committing an offence specifically included in the schedule of the PMLA.“An...

Supreme Court Weekly Round-Up (20-26th Nov)

Citations: 2023 LiveLaw (SC) 996 To 2023 LiveLaw (SC) 1013Nominal IndexPriya Indoria v. State of Karnataka 2023 LiveLaw (SC) 996Vivek Kaisth and another v. The State of Himachal Pradesh 2023 LiveLaw (SC) 997Moturu Nalini Kanth v. Gainedi Kaliprasad 2023 LiveLaw (SC) 998P. Kishore Kumar v. Vittal K. Patkar 2023 LiveLaw (SC) 999Bajaj Allianz General Insurance Co.Ltd. v. Mukul Aggarwal 2023...

Delhi High Court Issues Notice On PIL Against Rule Restricting Nursing Courses At AIIMS, DU And GGSIPU To Only Females

The Delhi High Court on Tuesday issued notice on a public interest litigation challenging the rule stating that only female candidates were eligible for B.Sc (Hons.) Nursing Course in Nursing colleges run by All India Institute of Medical Sciences (AIIMS), Delhi University and Guru Gobind Singh Indraprastha University.A division bench of Acting Chief Justice Manmohan and Justice Mini...