The Calcutta High Court has ordered the revival and prosecution of ten criminal cases related to murders in Nandigram and Khejuri during an anti-land acquisition movement in 2007. The court deemed the West Bengal government's decision to withdraw prosecution in these cases, involving the deaths of at least ten individuals, as unlawful. The bench emphasized that murders had indeed occurred and that allowing the prosecution to withdraw under Section 321 of the Criminal Procedure Code would not be in the public interest. The court stated that violence in any form should be eschewed in a democracy and that a state must exhibit zero tolerance towards it. The court set aside the state government's decision to withdraw prosecution and directed the public prosecutor to take appropriate measures within a fortnight.
A Delhi court on Friday dismissed the bail application of Aam Aadmi Party leader Sanjay Singh in a money laundering case related to the alleged Delhi excise policy scam.
The Supreme Court of India has sought the government's response on a Public Interest Litigation (PIL) that challenges the appointment process of the Comptroller and Auditor General of India (CAG), arguing it's unconstitutional. The PIL, filed by the Centre for Public Interest Litigation, claims the current process, solely through executive appointment by the Prime Minister, undermines the CAG's independence and violates constitutional principles. The court, while acknowledging the importance of institutional trust, questioned the extent to which it should intervene in the appointment process and whether this would constitute rewriting constitutional provisions. The PIL suggests the CAG's appointment should be similar to other independent bodies, with a selection committee comprising the Prime Minister, Leader of the Opposition, and Chief Justice of India. The case has implications for the independence and transparency of India's audit system.
A special NIA court in Lucknow has sentenced 28 people to life imprisonment for the 2018 killing of a 22-year-old youth in clashes during a 'Tiranga rally' on Republic Day in Kasganj district of Uttar Pradesh. The case drew significant attention as the killing of Chandan Gupta sparked widespread riots in Kasganj for three days. The prosecution demanded the severest punishment while the defence counsel pleaded for leniency. The court awarded life sentences and imposed a fine of Rs 80,000 on each of the convicts. Gupta's family expressed satisfaction at the verdict but vowed to continue its fight for harsher penalties for the main accused and those acquitted.
"The doctrinal error in the Krishna Iyer approach was, postulating a rigid economic theory, which advocates for greater State control over private resources, as the exclusive basis for constitutional governance," the CJI wrote in the 193-page judgment.
A petition seeking a review of the October 17 verdict refusing to accord legal recognition to same-sex marriages was mentioned before the Supreme Court on Thursday for an open court hearing.
The Allahabad high court has observed that marriage between two Hindus is sacrosanct and it cannot be dissolved within one year of marriage unless there is exceptional hardship or exceptional depravity as provided under the Hindu Marriage Act.
The top court remarked that there is no place for flamboyance in judiciary.
The Supreme Court, examining whether states can sub-classify Scheduled Castes and Scheduled Tribes for grant of quota inside quota, on Wednesday said all SCs and STs may not be homogeneous in terms of their sociological, economic, education and social status.
Britain's wealthiest family, the Hindujas, have said they were 'appalled' by a Swiss court's ruling of jail terms for some members and have filed an appeal in a higher court challenging the verdict finding them guilty of exploiting vulnerable domestic workers from India at their villa in Geneva.
Comedian Kunal Kamra has been granted interim anticipatory bail by the Madras High Court in a case filed against him for allegedly making defamatory remarks against Maharashtra Deputy Chief Minister Eknath Shinde during a stand-up comedy show. Kamra, who resides in Tamil Nadu, was summoned by the Mumbai Police and feared arrest, prompting him to seek bail from the Madras HC. The court granted him bail until April 7, on the condition that he executes a bond to the satisfaction of the judicial magistrate at Vanur in Villupuram district, Tamil Nadu.
The matter came up for hearing on Friday before a vacation bench of justices Vikram Nath and SVN Bhatti, which allowed the petitioner to withdraw the plea.
"Our humble contribution to India's growth story will continue. Jai Hind," Billionaire Gautam Adani said.
The capital punishment handed to Indian nurse Nimisha Priya by a Yemeni court has not been ratified by President Rashad al-Alimi, the West Asian nation's embassy said on Monday.
'If the judgment succeeds in nudging Hindus and Muslims to find a compromise ensuring peace, who am I to question it?'
'...or go to jail.' 'The government is getting them silenced.'
Vice President Jagdeep Dhankhar has questioned the Chief Justice of India's involvement in executive appointments, specifically citing the selection of the CBI director. He believes this practice undermines democratic principles and calls for revisiting the existing norms. Dhankhar also raised concerns about the "doctrine of basic structure", suggesting it has a debatable jurisprudential basis. He emphasized the importance of each institution operating within its constitutional boundaries and highlighted the need for coordinated autonomy. The vice president also discussed the need for a balanced approach to judicial review and the importance of judges focusing on judgments rather than other forms of expression. He stressed the need to revisit the current state of affairs to restore the judiciary's sublimity.
Observing that the trial court conducted proceedings with a "predetermined notion of conviction", a division bench of Justices AS Supehia and Vimal K Vyas quashed the CBI court's order sentencing Solanki and the six others to life imprisonment.
The Madras High Court has ruled that senior citizens can cancel gift or settlement deeds executed in favor of their children or close relatives if they fail to take care of them, even if it was not explicitly mentioned in the conditions imposed in the deeds. The court said the love and affection being the consideration, which can be traced out in the Settlement Deed, would be sufficient to hold that such love and affection was an implied condition that the senior citizen will be taken care of by the beneficiary of the Settlement Deed or gift deed.
West Bengal Chief Minister Mamata Banerjee slammed the Sealdah court's decision to award life imprisonment till death to Sanjay Roy, the sole convict in the rape-murder of an on-duty doctor at the state-run RG Kar Medical College and Hospital in Kolkata. Banerjee said the incident was a "rare, heinous and sensitive crime" and she has been seeking capital punishment for Roy. She said the state government would challenge the verdict and move Calcutta High Court, which has granted permission to file an appeal against the Sealdah court order.
This was Rana's last legal chance not to be extradited to India. Earlier, he lost a legal battle in several federal courts, including the US Court of Appeals for the North Circuit in San Francisco.
The Supreme Court of India has ruled that a wife is entitled to maintenance from her husband even if she refuses to cohabit with him after a decree for restitution of conjugal rights, provided she has valid and sufficient reasons for refusing to live with him. The court stated that the circumstances of each case must be considered individually and a decree for restitution of conjugal rights does not automatically disqualify a wife from receiving maintenance. This landmark ruling clarifies the legal interpretation of Section 125(4) of the Criminal Procedure Code (CrPC) regarding maintenance and emphasizes the importance of considering individual circumstances when determining a wife's right to maintenance.
Both the BJP leaders asserted that Gandhi's disqualification was a natural outcome of the law as the Supreme Court has made it clear that a lawmaker stands disqualified from the time of his conviction.
'Residence-based reservation in PG medical courses is violative of Article 14 of the Constitution.'
'On hard cases like this one, the Supreme Court has only episodically stood against Parliament and the executive government.' 'I worry that this decision sets a precedent where President's rule is imposed in another state... and during the operation of President's rule, the state is fundamentally altered.'
'By extending the definition of 'personal' to include institutions and not just individuals, the State has equipped itself with a tool to block access to most kinds of information.'
Shops in Varanasi's Muslim-dominated areas remained closed and the police sounded an alert in the entire district ahead of the Friday namaaz, following the district court order to allow Hindu prayers in a cellar of the Gyanvapi mosque.
The Delhi government is embroiled in multiple litigations with the Lieutenant Governor in the Supreme Court including its plea challenging the Centre's law establishing pre-eminence of the LG over the elected dispensation in controlling services in the national capital.
The Supreme Court on Thursday said the executive and the legislature would decide whether persons, who had availed quota benefits and were in a position to compete with others, were to be excluded from reservation.
The investigating agencies could not expose the masterminds behind the murder of rationalist Dr Narendra Dabholkar, and must introspect whether it was a mere failure or a 'deliberate inaction' due to the influence of any 'person in power', the trial court here said on Friday in its judgment.
The Central Administrative Tribunal (CAT) has overturned the transfer of Indian Revenue Service (IRS) officer Sameer Wankhede from Mumbai to Chennai, ruling that the revenue department violated its own guidelines. Wankhede, known for his role in the Cordelia cruise drug bust case involving Bollywood actor Shah Rukh Khan's son, had claimed his transfer was punitive and a consequence of his actions at the Narcotics Control Bureau (NCB). The CAT found procedural lapses and potential bias in the transfer decision, stating that transfer policies must be implemented fairly and transparently.
A seven-judge Constitution bench comprising Chief Justice DY Chandrachud and Justices BR Gavai, Vikram Nath, Bela Trivedi, Pankaj Mithal, Manoj Misra and Satish Chandra Sharma said there is no error apparent on the face of the record.
The Supreme Court of India has ordered the Union government to grant a permanent commission to a woman officer in the Army Dental Corps who was denied benefits given to similarly placed officers. The court ruled that the woman officer was wrongly excluded from consideration and that the principle of "what is sauce for the goose ought to be sauce for the gander" applies in this case. The court directed the government to implement the order within four weeks and to extend all consequential benefits, including seniority, promotion, and monetary benefits, to the officer.
The solution to Manipur's problems lies in the government giving concessions to Meitis in jobs and education and to accept autonomy for the tribal dominated areas inhibited by the Kukis, suggests Colonel Anil A Athale (retd).
Jailed former Pakistan prime minister Imran Khan has invoked the case of Delhi Chief Minister Arvind Kejriwal getting bail to campaign ahead of India's general elections, as he complained before the Supreme Court about the mistreatment meted to him in jail.
'Unless Justice Chandrachud's judgment is (over)turned, there is no end to it.'
The Supreme Court on Monday refused to grant interim stay on a Delhi high court judgment holding senior advocates R K Anand and I U Khan guilty of contempt of court for trying to influence a key witness in the BMW hit-and-run case. A bench headed by Justice B N Agrawal, however, admitted the appeal filed by them and issued notices to respondents.
A five-judge Constitution bench headed by Justice S A Nazeer, who will retire on January 4, is likely to pronounce its verdict on the matter on the said date.
The 24-year-old convict, Greeshma, had sought leniency in sentencing by citing her academic achievements, lack of prior criminal history, and the fact that she is her parents' only daughter.
The Supreme Court of India has ruled that the offence of abetment of suicide should not be invoked mechanically against individuals, emphasizing that the provision should not be used to soothe the feelings of grieving families. The court stressed that the conduct of the accused and the deceased, their interactions, and conversations preceding the death should be examined practically and not divorced from real-life contexts. The judgment came after a plea challenging an order of the Madhya Pradesh High Court that refused to discharge a man from charges under Section 306 of the Indian Penal Code (IPC) related to a suicide case. The Supreme Court emphasized that to prove abetment of suicide, there must be evidence of active instigation or acts facilitating the suicide. In this case, the court found that the appellant's actions, including seeking repayment of a loan, did not constitute instigation to suicide.