2020.04.06-SUO MOTU WRIT (CIVIL) NO.5/2020- Supreme Court held that the term ‘evidence’ includes electronic evidence and that video conferencing may be used to record evidence. It observed that developments in technology have opened up the possibility of virtual courts which are similar to physical courts. Taking cognizance of the measures adopted by this court and by the High Courts and District Courts, it is necessary for this court to issue directions by taking recourse to the jurisdiction conferred by Article 142 of the Constitution.
- NEW DELHI TELEVISION LTD. VS DEPUTY COMMISSIONER OF INCOME TAX-03/04/2020 - INCOME TAX-whether the revenue has sufficient reasons to believe that undisclosed income of the asseessee has escaped assessment and therefore there are grounds to issue notice. An assessing officer can only reopen an assessment if he has ‘reason to believe’ that undisclosed income has escaped assessment. Mere change of opinion of the assessing officer is not a sufficient to meet the standard of ‘reason to believe’.
- RAJA @ AYYAPPAN VS STATE OF TAMIL NADU-01/04/2020 - Section 30 of the Indian Evidence Act mandates that to make the confession of a coaccused admissible in evidence, there has to be a joint trial. If there is no joint trial, the confession of a co accused is not at all admissible in evidence and, therefore, the same cannot be taken as evidence against the other coaccused.
- M. SUBRAMANIAM AND ANOTHER VS S. JANAKI AND ANOTHER- 20/03/2020 - FARE INVESTIGATION-Section 156(3) CrPC is wide enough to include all such powers in a Magistrate which are necessary for ensuring a proper investigation, and it includes the power to order registration of an FIR and of ordering a proper investigation if the Magistrate is satisfied that a proper investigation has not been done, or is not being done by the police.
- PAWAN KUMAR GUPTA Vs STATE OF NCT OF DELHI -20/03/2020 - When the power is vested in the very high contitutional authority, it must be presumed that the said authority had acted carefully after considering all the aspects of the matter. It cannot be said that His Excellency the President of India did not consider the mercy petition with open mind filed by the petitioner Pawan Kumar Gupta.
- DHANPAT VERSUS SHEO RAM (DECEASED) THROUGH LRS. & ORS-19/03/2020 - WILL-it is the overall assessment of the Court on the basis of the unusual features appearing in the Will or the unnatural circumstances surrounding its execution, that justifies a close scrutiny of the same before it can be accepted.
- BENEDICT DENIS KINNY VS TULIP BRIAN MIRANDA & ORS-19/03/2020 - ARTICLE 226 OF CONSTITUTION-When a citizen has right to judicial review against any decision of statutory authority, the High Court in exercise of judicial review had every jurisdiction to maintain the status quo so as to by lapse of time, the petition may not be infructuous.
- RAJASTHAN STATE ELECTRICITY BOARD JAIPUR VS THE DY. COMMISSIONER OF INCOME TAX(ASSESSMENT) & ANR-19/03/2020 - INCOME TAX-while interpreting a Tax Legislature the consequences and hardship are not looked into but the purpose and object by which taxing statutes have been enacted cannot be lost sight.
- AKSHAY KUMAR SINGH VS UNION OF INDIA & ORS-19/03/2020 - The consistent view taken by this Court that the exercise of power of judicial review of the decision taken by His Excellency the President of India in Mercy Petition is very limited.Keeping in view the above principles, when we considered the grounds raised by the petitioner, we do not find any ground to hold that there was non-application of mind by the President of India. Insofar as the alleged torture of the petitioner in the prison, as we have held in earlier Writ Petition (criminal) Diary No. 3334 of 2020, the alleged torture in the prison cannot be a ground for review of the order of rejection of the Mercy Petition by the President of India.
- MUKESH VS STATE OF NCT OF DELHI-19/03/2020 - NIRBHYA DEATH ROW ACCUSED-In this writ petition, the petitioner has raised the points on merits of the matter:- (i) That there was no proper consideration of evidence; (ii) regarding the disability of Ram Singh (accused no.1) who subsequently allegedly committed suicide in the prison; and (iii) raising doubts about the arrest of the petitioner at Karoli, Rajasthan.
- TULSA DEVI NIROLA AND OTHERS VS RADHA NIROLA AND OTHERS-04/03/2020 - Section 372 of the Indian Succession Act, 1925-The family pension did not constitute a part of the estate of the deceased.The right to family pension in more than one wife being conditional in nature and not absolute, in view of nomination in favour of respondent no.1 alone, appellant no 1 in the facts of the case can also be said to have waived her statutory right to pension in lieu of benefits received by her under the settlement deed.
BEST OF THE HISTORY AND PHILOSOPHY
- On Genius: Arthur Schopenhauer - A genius is a man in whose mind the world is presented as an object is presented in a mirror, but with a degree more of clearness and a greater distinction of outline than is attained by ordinary people. It is from him that humanity may look for most instruction; for the deepest insight into the most important matters is to be acquired, not by an observant attention to detail, but by a close study of things as a whole.
- Church and State: Leo Tolstoy - In Christianity, the whole fraud is built up on the fantastic conception of a Church ; a conception founded on nothing, and which as soon as we begin to study Christianity amazes us by its unexpected and useless absurdity.
- Foundation of Sociological Concepts - Social Thoughts of Auguste Comte-Karl Marx-Herbart Spencer-Vilfredo Pareto-Emile Durkheim-George Simmel-Max Weber-Karl Mannheim-Pitirim Sorokin has been summarised with additional supply of selective Bibliography.
- Centralization: John Austin - Of the many misconceptions of centralization which have fallen under our observation, the following, we think, are the most prevalent and important:—1. It is confounded with over-governing. 2. It is thought incompatible with the spirit, if not with the forms, of free or popular government. 3. It is thought incompatible with local governments of local and popular origin. 4. In France, Prussia, and other continental countries, the governments of localities, with the lower branches of the general administration, are controlled to excess by the heads of the latter; and this abuse of centralization is supposed to be of its essence.
- Our Programme: V.I. Lenin 1899 - We have already said that the essence of this programme consists in the organisation of the class struggle of the proletariat and in carrying on this struggle, the final aim of which is the seizure of political power by the proletariat and the construction of a socialist society. The class struggle of the proletariat is divided into: the economic fight and the political fight
- Republican Party Platform 2016 - We are the party of the Declaration of Independence and the Constitution. The Declaration sets forth the fundamental precepts of American government: That God bestows certain inalienable rights on every individual, thus producing human equality
- Presidential Memorandum on Developing a Sustainable Spectrum Strategy for America’s Future - It is the policy of the United States to use radiofrequency spectrum (spectrum) as efficiently and effectively as possible to help meet our economic, national security, science, safety, and other Federal mission goals now and in the future. To best achieve this policy, the Nation requires a balanced, forward-looking, flexible, and sustainable approach to spectrum management.
- Permanent Court of Arbitration Schedule of Fees and Costs - The PCA is an intergovernmental organization devoted chiefly to the administration of international dispute resolution proceedings involving at least one state, state-controlled entity, or intergovernmental organization. As such, the PCA does not seek to provide full administrative services in disputes exclusively between private parties.
- President Trump and Prime Minister Modi of India in Joint Press Statement (June 26, 2017) - The security partnership between the United States and India is incredibly important. Both our nations have been struck by the evils of terrorism, and we are both determined to destroy terrorist organizations and the radical ideology that drives them. We will destroy radical Islamic terrorism. Our militaries are working every day to enhance cooperation between our military forces.
- My Political Testament: Adolf Hitler 1945 - That from the bottom of my heart I express my thanks to you all, is just as self-evident as my wish that you should, because of that, on no account give up the struggle but rather continue it against the enemies of the Fatherland, no matter where, true to the creed of a great Clausewitz. From the sacrifice of our soldiers and from my own unity with them unto death, will in any case spring up in the history of Germany, the seed of a radiant renaissance of the National-Socialist movement and thus of the realization of a true community of nations.
- Berne Convention for the protection of literary and artistic works 1996 - Copyright protection extends to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such. Computer programs are protected as literary works within the meaning of Article 2 of the Berne Convention. Such protection applies to computer programs, whatever may be the mode or form of their expression
- 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;