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Defamation Law Constitutionally Valid : SC

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  Coming straight to the nub of the matter, let me begin by first and foremost pointing out that upholding the constitutional validity of criminal defamation provisions in the IPC drafted during the colonial era, the Supreme Court on May 13, 2016 said these do not muzzle free speech and asked politicians Rahul Gandhi, Subramanian […]

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Upload FIRs On Official Websites Within 24 Hours: SC

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                                                            Coming straight to the crux of the matter, let be begin by pointing out first and foremost that in a landmark decision  which could have […]

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Trial Courts Have To Clearly Specify Whether Sentences Would Run Concurrently Or Consecutively: SC

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It is in the fitness of things that the Supreme Court has commendably, cogently and convincingly in a latest, learned, laudable and landmark judgment titled Sunil Kumar @ Sudhir Kumar & Anr. vs The State of Uttar Pradesh in Criminal Appeal No. 526 of 2021 (Arising from SLP (Crl.) No. 3549 of 2018) in exercise […]

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Quantity Of Narcotic Substance Recovered Is A Relevant Factor To Impose Punishment Higher Than The Minimum: SC

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In a latest, landmark, laudable and learned judgment titled Gurdev Singh Vs State of Punjab in Criminal Appeal No. 375 of 2021 in exercise of its criminal appellate jurisdiction, the Apex Court observed that quantity of narcotic substance is a relevant factor that can be taken into account for imposing higher than the minimum punishment […]

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Acquittal Based On Benefit Of Doubt In Serious Crime Cannot Make Candidate Eligible For Public Employment: SC

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  It cannot be denied that the Apex Court has yet once again taken a firm stand in a latest, landmark, laudable and learned judgment titled “The State of Rajasthan & Ors vs Love Kush Meena” in Civil Appeal No. 3894 of 2020 in exercise of its civil appellate jurisdiction delivered just recently on March […]

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Minor Contradictions Cannot Be A Ground To Discredit Witnesses Testimony: SC

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  In a magnanimous yet correct, credible and commendable observation, the Supreme Court has noted very rightly that minor contradictions cannot be a ground to discredit witnesses testimony. The Apex Court thus has reiterated on March 26, 2021 in a latest, learned, laudable and landmark judgment titled Rajendra @ Rajappa & Ors vs State of […]

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SC Issues Notice On Plea For Deportation Of Illegal Immigrants Including Rohingyas

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  It has to be said before stating anything else that India has always welcomed not just outsiders but even invaders like the most notorious Pakistani invader – General Pervez Musharraf who not just masterminded Kargil war in which we lost more than 600 soldiers as per official figures even though the actual figure is […]

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SC Deprecates Practice Of Passing Adverse Remarks Against Judicial Officers By HC In Judgments

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  It is a matter of great solace and satisfaction for the judicial officers of lower courts that the Apex Court which is the top court of India in a learned, latest, laudable and landmark judgment titled KG Shanti vs United India Insurance Co Ltd & Ors in Civil Appeal Nos 929-930/2021 [@SLP (Civil) Nos 4663-4664/2021] […]

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Anticipatory Bail Once Granted Does Not Automatically End With Filing Of Chargesheet: SC

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  In a practical, prudent, pleasant and powerful judgment titled Dr Rajesh Pratap Giri vs. State of U.P. & Anr. in Criminal Appeal Nos. 272-273 of 2021 (Arising out of SLP (Crl.) Nos. 693-694 of 2020 delivered recently on March 5, 2021, the Supreme Court has rightly, reasonably and remarkably reiterated that the anticipatory bail […]

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Recruitment To Public Services Must Command Public Confidence: SC

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  It is most refreshing, most rejuvenating and most reasonable that the Supreme Court has most recently on March 3, 2021 in a learned, latest, laudable and landmark judgment titled Sachin Kumar & Ors. vs. Delhi Subordinate Service Selection Board (DSSSB) & Ors. in Civil Appeal Nos. 639-640 of 2021 @ SLP (C) Nos. 5785-5786 of 2020 […]

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Suspicion, However Strong Cannot Take The Place Of Proof: SC

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  It is really remarkable, refreshing, rejuvenating and reasonable to learn that the Supreme Court has just recently on February 12, 2021 in a latest, learned, landmark and laudable judgment titled State of Odisha vs. Banabihari Mohapatra in Special Leave Petition (Cri) No. 1156/2021 has reiterated that suspicion, however strong cannot take the place of […]

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Recruitment Of Candidates In Excess Of Notified Vacancies Would Be Unconstitutional: SC

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  While dispelling all doubts on the moot question as to whether the recruitment of candidates in excess of notified vacancies would be unconstitutional or not, the Supreme Court in a latest, learned, laudable and landmark judgment titled Gajanan Babulal Bansode & Ors. Vs State of Maharashtra & Ors. in Civil Appeal No. 104 of […]

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Adverse Inference Can Be Drawn Against Party Who Does Not Appear In Person To Depose: SC

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In a well-written, well-worded, well-reasoned, well-substantiated and well-analysed judgment titled Iqbal Basith and others vs N Subbalakshmi and others in Civil Appeal No. 1725 of 2020 delivered as recently as on December 14,2020, a three Judge Bench of the Apex Court headed by Justice RF Nariman and also comprising of Justice Navin Sinha and Justice […]

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Homeopathy Can Be Used In Preventing & Mitigating COVID-19 As Per AYUSH Ministry Guidelines: SC

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As recently as on December 15, 2020, Supreme Court in a learned, laudable and landmark judgment titled Dr AKB Sadbhavana Mission School Of Homeo Pharmacy vs The Secretary, Ministry Of AYUSH & Ors. in Civil Appeal No. 4049 of 2020 (arising out of SLP(C) No. 15293/2020 Diary No. 19638 of 2020) has minced no words […]

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Executive Acting In Breach Of Judgments Would Be Invitation To Anarchy: Supreme Court

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In a strong reprimand to Centre, the Supreme Court just recently on 7 December 2020 has in a latest, learned, laudable and landmark judgment titled KK Agarwal vs Sanjiv Nandan Sahai [CONMT.PET.(C) No. 429/2020 in C.A. No. 14697/2015] has led from the front in pulling up the Central Government for not appointing law member in […]

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Criticism of Government Cannot Be Ground For Penal Action: SC

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It is really a matter of great solace and immense satisfaction to see that the Supreme Court has most recently on December 7, 2020 in a latest, learned, landmark and laudable judgment titled Amish Devgan vs Union of India and others in Writ Petition (Criminal) No. 160 of 2020 held quite explicitly, elegantly and effectively […]

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Dismissal of SLP Has No Consequence On Question Of Law: SC

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           It is good to learn that the Supreme Court most recently on December 3, 2020 in a latest, learned, laudable and landmark judgment titled Inderjeet Singh Sodhi vs Chairman, Punjab State Electricity Board [Civil Appeal No. 3837 of 2020] (@ SLP(C) No. 23877 of 2014) has cogently, categorically and convincingly […]

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Default Bail Granted Can Be Cancelled By High Court U/s 439(2) CrPC: SC

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 In a latest, landmark and laudable judgment titled Venkatesan Balasubramaniyan vs. The Intelligence Officer, D.R.I. Bangalore in Criminal Appeal No. 801 of 2020 (arising out of SLP(Crl.) No. 1820/2019 along with two other Criminal Appeals delivered most recently on November 20, 2020, the Apex Court has clearly, categorically and convincingly held that a ‘default bail’ […]

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In Absence Of Pleadings, Any Amount Of Evidence Will Not Help The Party In A Civil Suit: SC

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It is quite interesting to learn that a three Judge Bench of the Apex Court comprising of Justice Ashok Bhushan, Justice R Subhash Reddy and Justice MR Shah in a most recently decided case as recently as on November 3, 2020 has clearly, cogently and convincingly reiterated in no uncertain terms that in absence of […]

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Established Status Quo Brought About By Judgments Interpreting Local/State Laws Should Not Be Lightly Departed From: SC

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In an interesting, fresh and significant development, the Supreme Court in a latest, landmark and laudable judgment titled Navin Chandra Dhoundiyal vs. State of Uttarakhand in Civil Appeal No. 3493/2020 (Arising out of SLP (C) No. 10943/2020) along with four other appeals has cogently, categorically and convincingly observed that long standing or established status quo […]

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SC Takes Suo Motu Cognizance Of Worst Conditions Of Hospitals

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                                      Without wasting any time, the highest court of our country which is the Supreme Court very rightly, very commendably and very consciously took suo motu cognizance of the most degrading, most deplorable and most dehumanizing treatment of the Covid-19 patients and dead bodies in the hospitals etc after watching it live in India TV […]

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State Has Solemn Constitutional Duty To Assist Court In Dispensation Of Justice; Cannot Behave Like Private Litigant: SC

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        It must be said right at the outset before saying anything else that the Supreme Court most recently in a recent and notable judgment titled M/S Granules India Ltd. Vs Union Of India And Others in Civil Appeal No(s). 593-594 of 2020 (Arising out of SLP (Civil) No(s). 30371-30372 of 2017) […]

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SC Dismisses Pre-Arrest Bail Plea Of P Chidambaram

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                   In a big jolt to former Finance Minister – P Chidambaram, the Supreme Court most recently on September 5, 2019 in the notable judgment titled P Chidambaram Vs Directorate Of Enforcement in Criminal Appeal No. 1340 of 2019 (Arising out of SLP (Cri.) No. 7523 of 2019) has dismissed the fervent plea of pre-arrest […]

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Sex After Obtaining Consent By False Promise To Marry Is Rape: Supreme Court.

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  It is significant to note that the Supreme Court most recently on April 9, 2019 has very strongly and sternly reiterated in a latest, landmark and laudable judgment titled Anurag Soni v. State of Chhattisgarh in Criminal Appeal No. 629 of 2019 (Arising out of SLP(Criminal) No. 618/2019) has reiterated in no uncertain terms […]

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