SUPREME COURT JUDGMENTS UPDATES

Political parties must publish on party websites and other media about candidates with criminal background: SC

It shall be mandatory for political parties [at the Central and State election level] to upload on their website detailed information regarding individuals with pending criminal cases (including the nature of the offences, and relevant particulars such as whether charges have been framed, the concerned Court, the case number etc.) who have been selected as candidates, along with the reasons for such selection, as also as to why other individuals without criminal antecedents could not be selected as candidates.

Despite not providing for anticipatory bail under SC/ST Act, however Court can quash FIRs for want of Prima facie case: SC

Concerning the applicability of provisions of section 438 Cr.PC, it shall not apply to the cases under Act of 1989. However, if the complaint does not make out a prima facie case for applicability of the provisions of the Act of 1989, the bar created by section 18 and 18A (i) shall not apply. We have clarified this aspect while deciding the review petitions.

  • SANTOSH PRASAD @ SANTOSH KUMAR VS THE STATE OF BIHAR-14/2/2020 - Sections 376 and 450 of the IPC-It cannot be disputed that there can be a conviction solely based on the evidence of the prosecutrix. However, the evidence must be reliable and trustworthy. Therefore, now let us examine the evidence of the prosecutrix and consider whether in the facts and circumstances of the case is it safe to convict the accused solely based on the deposition of the prosecutrix, more particularly when neither the medical report/evidence supports nor other witnesses support and it has come on record that there was an enmity between both the parties.
  • Chandigarh Construction Co. Pvt. Ltd.  Versus State of Punjab & Anr-14/2/2020 - Arbitration Award-an Award can neither be remitted nor set aside merely on the ground that it does not contain reasons in support of the conclusion or decision reached in it except where the arbitration agreement or the deed of submission requires it to give reasons. In that light the learned advocate would point out that in the instant case the agreement between the parties would require that the learned Arbitrator has to assign reasons for the Award and when such requirement is stipulated the Award passed without reasons would not be sustainable being contrary to the explicit requirement in the contract between the parties.
  • VINAY SHARMA  Vs UNION OF INDIA AND OTHERS-14/2/2020  - Nirbhaya’s case-Vinay Sharma – a death-row convict-we do not find any ground for exercise of judicial review of the order of the President of India rejecting the petitioner’s mercy petition and this writ petition is liable to be dismissed.
  • Om Prakash Vs. Suresh Kumar-30/01/2020 - The principal argument of the appellant is that the statement made by his counsel before the High Court was not binding on him, as it was made without his instructions.We hasten to add neither the client nor the court is bound by the lawyer's statements or admissions as to matters of law or legal conclusions. Thus, according to generally accepted notions of professional responsibility, lawyers should follow the client's instructions rather than substitute their judgment for that of the client. We may add that in some cases, lawyers can make decisions without consulting the client.
  • State of Madhya Pradesh & Anr Vs. Madhya Pradesh Transport Workers Federation-29/01/2020 - The Labour Bar Association, Satna and M.P. Transport Workers Federation sought to assail the provisions of the Madhya Pradesh Labour Laws (Amendment) and Misc. Provisions Act, 2002 (for short 'the Amendment') enforced by Notification dated 5.8.2005 as ultra vires the provisions of Article 14 of the Constitution-VIRES TESTE PASSED
  • SHRIPAL BHATI & ANR. VS STATE OF U.P. & ORS- 29/1/2020 - Locus standi to maintain writ petition-Unless injury is suffered personally a person can not be said to be aggrieved and has no locus standi.
  • MOHANDAS AND OTHERS  VS THE STATE OF MAHARASHTRA AND OTHERS -29/1/2020 - Maharashtra Regional and Town Planning Act, 1966-This is a case where the Municipal Council, which is the Authority, which must make available the funds for the acquisition of the property, is in dire financial straits and is unable to finance the acquisition.
  • Sushila Aggarwal and others Versus State (NCT of Delhi) and another – 29/1/2020 - Anticipatory Bail-An order of anticipatory bail should not be “blanket” in the sense that it should not enable the accused to commit further offences and claim relief of indefinite protection from arrest. It should be confined to the offence or incident, for which apprehension of arrest is sought, in relation to a specific incident. It cannot operate in respect of a future incident that involves commission of an offence.
  • Jasmeet Kaur Vs. State (NCT of Delhi) & Anr-12/12/ 2019 - It was evident from the conduct of the parties that they had abandoned their domicile of origin i.e. India, had set up their matrimonial home in the U.S. and raised their daughter in that environment. When the Petitioner - wife decided not to return to the U.S. in January, 2016 she acted in her self-interest, and not in the best interest of her children.
  • Saeeda Khatoon Arshi Vs. State of Uttar Pradesh & Anr-10/12/2019 - A protest petition had not been filed by the appellant when the report was submitted under Section 173 did not render the court powerless to exercise its powers under Section 319 on the basis of the evidence which had emerged during the course of the trial.

BEST OF THE HISTORY AND JURISPRUDENCE

  • The Message of the Gita: Sri Aurobindo - This Yoga of love will give you a highest potential force for spiritual largeness and unity and freedom. But it must be a love which is one with God-knowledge. There is a devotion which seeks God in suffering for consolation and succour and deliverance; there is a devotion which seeks him for his gifts, for divine aid and protection and as a fountain of the satisfaction of desire; there is a devotion that, still ignorant, turns to him for light and knowledge.
  • On Love-Jiddu Krishnamurti - What is love? The word is so loaded and corrupted that I hardly like to use it. Everybody talks of love - every magazine and newspaper and every missionary talks everlastingly of love. I love my country, I love my king, I love some book, I love that mountain, I love pleasure, I love my wife, I love God. Is love an idea? If it is, it can be cultivated, nourished, cherished, pushed around, twisted in any way you like. When you say you love God what does it mean? It means that you love a projection of your own imagination, a projection of yourself clothed in certain forms of respectability according to what you think is noble and holy; so to say, `I love God', is absolute nonsense.
  • Is every good person suitable for management? - Because you are a weak person, be careful not to be the leader of even two people! This means that the weakness that the Prophet mentioned is a weakness in management. Therefore, he is saying that you are a person who do not have the skill for management. If you are the leader of two or more people, you cannot guide them properly to success. This is a lesson for us. We - not all of us, but some of us - are like this. As soon as a position is vacant, or maybe vacant soon, we immediately look forward to getting that position! Well, you should first consider if you can perform its responsibilities well, or not.
  • NATURE OF LAW: William Blackstone - Equity thus depending, essentially, upon the particular circumstances of each individual case, there can be no established rules and fixed precepts of equity laid down, without destroying it's very essence, and reducing it to a positive law. And, on the other hand, the liberty of considering all cases in an equitable light must not be indulged too far, left thereby we destroy all law, and leave the decision of every question entirely in the breast of the judge.
  • THE LAW OF NATURE-William Ames 1639 - That law which is derived from the natural law only by way of conclusion, if the consequence be good, hath its whole strength from the law of nature, as the conclusion hath its force from the premised propositions; but that which is derived from the law of nature by way of determination and application, is in part a new constitution, even as every species hath its own proper form and essence besides that which is actually comprehended in the genus.

INTERNATIONAL AFFAIRS

  • Agreement Between The Government Of The Republic Of Italy And The Holy See On Tax Matters-2015 - Considering that the Lateran Pacts and precisely the Treaty between Italy and the Holy See signed on February 11, 1929 (the Lateran Treaty) regulate the relationship between the Republic of Italy and the Holy See; Considering present measures taken worldwide in order to achieve a higher transparency of financial relationships and having the mutual desire to achieve the highest level of transparency also through the exchange of information to tax purposes in the field of administrative cooperation;
  • CONVENTION ON THE ELIMINATION OF ALL FORMS OF DISCRIMINATION AGAINST WOMEN: UNGA-1979 - For the purposes of the present Convention, the term "discrimination against women" shall mean any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field.
  • Convention on the Rights of the Child:UNGA - Considering that the child should be fully prepared to live an individual life in society, and brought up in the spirit of the ideals proclaimed in the Charter of the United Nations, and in particular in the spirit of peace, dignity, tolerance, freedom, equality and solidarity,
  • Full text of Khamenei’s interview with Sayyid Hassan Nasrallah - Regarding the subject of jurisprudence and fiqh, naturally, the Leader’s scientific character, and his status among scholar has not been adequately presented. I do not claim to be a scholar, but I know many knowledgeable and mujtahid brothers who are scholars themselves and have attended the Leader’s fiqh classes, and have given solid testimonies about his mastery of Islamic law, and his command of jurisprudence and fiqh. When providing testimony regarding his authority in fiqh, this testimony has gone through testing, investigation, and serious scientific examinations, and not based on an emotional stance or the like.
  • American Samoa History and Documents - Even without an organic act or other explicit Congressional directives on governance, the people of American Samoa adopted their own constitution in 1967 and first constitutional elections were in 1977. Unlike citizens of other U.S. territories who are U.S. citizens, American Samoans are U.S. nationals. However, neither citizens nor nationals of U.S. territories vote in Federal elections and pay Federal taxes.
  • Basic Principles on the Role of Lawyers: UN Congress in Havana 1990 - The Basic Principles on the Role of Lawyers, set forth below, which have been formulated to assist Member States in their task of promoting and ensuring the proper role of lawyers, should be respected and taken into account by Governments within the framework of their national legislation and practice and should be brought to the attention of lawyers as well as other persons, such as judges, prosecutors, members of the executive and the legislature, and the public in general. These principles shall also apply, as appropriate, to persons who exercise the functions of lawyers without having the formal status of lawyers.
  • A VISION TO IMPROVE THE LIVES OF THE PALESTINEAN AND ISRAELI PEOPLE: TRUMP PEACE INITIATIVE 2020 - Israelis and Palestinians have both suffered greatly from their long-standing and seemingly interminable conflict. For nearly a century, international leaders, diplomats, and scholars have debated the issues and attempted to resolve this conflict. The world has changed greatly during this period, as have the security challenges facing the Middle East.