Posts Tagged: Justice Dipak Misra

Intention of accused key in rape on promise of marriage: SC

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A man accused of rape can be convicted only if he has a malafide intention of not fulfilling a promise of marrying the victim, the Supreme Court on Monday said, describing the crime as an assault on the “body and privacy of the victims”. “An accused can be convicted for rape only if the court… Read more »

Bar Council of India has become ineffective: SC

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Bar Council of India has been questioned by the Supreme Court or not taking action against erring lawyers, saying it has become “ineffective” and courts become victims because of such legal practitioners. “Bar Council has become ineffective. No action is taken against erring lawyers and we have to suffer. We are actually the victim and lawyers… Read more »

SC seeks Centre’s reply on plea to reinterpret term juvenile

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It has been asked by the supreme court for centre’s response to a plea  which sought a fresh interpretation of the term juvenile saying instead of 18 years age limit, the “mental and intellectual maturity” of such offenders be considered while fixing their culpability. “Issue notice. Meanwhile, give a copy (of petition) to the Union… Read more »

SC fumes over sex tests, female foeticide

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The Supreme Court Tuesday expressed its concern over the deteriorating sex ratio and chided state governments over their failure to check sex determination clinics and punish law violators fuelling female foeticide. “People have a belief that if they don’t have a male child they will go to narak (hell)”, the court said, asking “where is… Read more »

SC issues notice on right to education act

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The Supreme Court on Monday issued notice to the central government on a petition seeking exemption for unaided educational institutions from earmarking 25 per cent seats for students from the weaker sections of the society. Unaided minority educational institutions are exempted from doing so under the Right to Education Act, 2009, which calls for reserving… Read more »

Kudankulam safety steps a matter of public interest, says SC

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The Supreme Court Thursday told the government not to treat as an adversarial litigation the petition seeking implementation of all safety steps before the commissioning  of the Kudankulam Nuclear Power Plant (KNPP) as it concerns public interest. A bench of Justice K.S. Radhakrishnan and Justice Dipak Misra made the observation when Solicitor General Rohinton Nariman… Read more »

SC seeks details of sites damaged in Gujarat riots

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 The Supreme Court on Monday directed the Gujarat government to file a survey report of the religious sites which were damaged and destroyed during the 2002 Gujarat riots in the state.  A bench of justices K S Radhakrishnan and Dipak Misra also asked the state government to quantify the amount needed for building and repairing… Read more »

Don’t link woman’s character to rape:SC

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If a woman of “easy virtue” accuses a person of rape, then courts must not discard her evidence but it must be “cautiously appreciated”, the Supreme Court ruled while acquitting a Delhi resident concurrently held guilty of rape by a trial court and the Delhi high court. “Merely because a woman is of easy virtue,… Read more »

Parts of hostile witness’s evidence can be used: Supreme court

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Judges should not treat as totally erased the evidence tendered by a witness whom the prosecution terms as hostile during a trial, the Supreme Court has said. “It is a settled legal proposition that the evidence of a prosecution witness cannot be rejected in toto merely because the prosecution chose to treat him as hostile… Read more »