when there is apparent conflict between the right to privacy of a person not to submit himself forcibly to medical examination and duty of the court to reach the truth, the court must exercise its discretion only after balancing the interests of the parties and on due consideration whether for a just decision in the matter, DNA test is eminently needed.
KEYWORDS:- REVIEW PETITION – DEATH CONVICT- DATE:-2 September, 2014 A review petition filed by a convict whose death penalty is affirmed by this Court is required to be heard in open Court […]
KEYWORDS:- REVIEW RECALL MODIFY OF ORDER JUDGMENT It is evident that a Judge’s responsibility is very heavy, particularly, in a case where a man’s life and liberty hang upon his decision nothing […]
KEYWORDS:-admission of electronic records Genuineness, veracity or reliability of the evidence is seen by the court only after the stage of relevancy and admissibility. in the case of CD, VCD, chip, etc., […]
Keywords–Supervening circumstance-Right to Life-Direction-Death row convict⇒ DATE: 21-01-2014- power under Article 72/161 is per se above judicial review but the manner of exercise of power is certainly subject to judicial review. Directions in […]
Consolidate list of Supreme Court Judgment fro the year 2011 to 2014
The Judicial Committee of the Privy Council – In their Decision on Facts the Committee did not expressly address the issue of whether Dr Schulze Allen’s infraction was a criminal conviction. But they must have decided that it was. For otherwise they would have had no power to direct the removal of his name from the register under section 16(1)(a) of the Act.
Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.
In a contempt proceeding SC cannot determine whether or not Rajeev Kumar should be arrested by the CBI for custodial interrogation: SC
Subrata Chattoraj Vs. Union of India and Others – MAY 17, 2019 – Contempt Petition- the State Police Agencies who were investigating these cases to provide fullest cooperation to the CBI, including assistance in terms of manpower and material, to enable them to conduct and complete the investigation expeditiously. The CBI alleges non-cooperation and charges WBSPF with obfuscating the investigation by causing impediments and roadblocks with a view to protect big names and members/leaders of the ruling party in the State of West Bengal.
A person aggrieved by the order of a Tribunal can challenge the findings by a writ petition before High Court: SC on Assam Citizenship Case
MAY 17, 2019.-Abdul Kuddus Vs. Union of India and Others – where the issue and question of nationality has already been determined under the 1964 Order, an appeal would not be maintainable under paragraph 8 of the Schedule to the 2003 Rules. The determination would be final and binding on the Registering Authority under the Schedule and the Local Registrar. Paragraph 8 does not envisage and provide for a second round of litigation before the same authority i.e. the Foreigners Tribunal constituted under the 1964 Order on and after preparation of the final list. Provisions of paragraph 8 of the Schedule to the 2003 Rules will apply when there has not been an earlier adjudication and decision by the Foreigners Tribunal.
Police lathi charged on lawyers and fired 150 tear gas shell in the District Court premises at Jaipur: RHC disposed of the writ petition in 2014
“Henceforth, no police personnel would enter the precincts of a Court of the District Judiciary for any operation of the type involved in the incidents without the prior permission of the District […]
The systematic study of documentation of sound recording, cataloging. including cataloging of an individual artist, group, orchestra, performance or musical theater. EXAMPLE : Díaz-Ayala, Cristóbal – Encyclopedic Discography of Cuban Music, Vol. 1 […]
School violence has been a persistent problem in the United States. For example, on January 29, 1979, a 16-year-old opened fire on Grover Cleveland Elementary School in San Diego, CA. She killed two adults […]
Vehicle cannot be confiscated merely on accusation of commission of offence, by invoking Section 451 of Cr.P.C. said vehicle can be released
The vehicles seized under Section 50 from alleged offender cannot become property of State unless there is trial and finding reached by competent court that property seized was used for committing the […]
Order XII Rule 6 Code of Civil Procedure shows power under above provision is discretionary and cannot be claimed as a matter of right
SUPREME COURT OF INDIA FULL BENCH ( Before : T.S. Thakur, J; V. Gopala Gowda, J; R. Banumathi, J ) S.M. ASIF — Appellant Vs. VIRENDER KUMAR BAJAJ — Respondent Civil Appeal […]
THE HIGH COURT OF MEGHALAYA SHILLONG N O T I F I C A T I O N Dated Shillong, 3rd February, 2014 HIGH COURT OF MEGHALAYA CAVEAT RULES,2014 No.HCM.II/430/2013/279. In exercise of […]
Published vide Notification No. G.S.R. 380(E), the 3rd June, 2014 Ministry of Minority Affairs G.S.R. 380(E). – In exercise of the powers conferred by sub-section (1) of Section 56 of the Waqf […]
This Court held that a writ of certiorari can be issued for correcting errors of jurisdiction committed by inferior courts or tribunals. It was further held that jurisdiction of High Court under Article 226 to issue a writ of certiorari is a supervisory jurisdiction and the High Court exercising it is not entitled to act as an appellate court.
Magistrates before taking cognizance should apply their mind to ascertain as to whether there is any legal bar to take cognizance
Whenever a private complaint is lodged, the learned Magistrates have to go through the contents of the complaint in order to ascertain whether plain and broad reading of the allegations made in […]
COMPETITION COMMISSION OF INDIA Vs. CO-ORDINATION COMMITTEE OF ARTISTS AND TECHNICIANS OF W.B. FILM AND TELEVISION [ALL SC 2017 MARCH]
While identifying the relevant market in a given case, the CCI is required to look at evidence that is available and relevant to the case at hand. The CCI has to define […]