When Can Statutory Alternative Remedy Be Allowed To Be Bypassed For Invoking Writ Jurisdiction Under Article 226? SC Explains

The Supreme Court has observed that distinction between the lack of jurisdiction and the wrongful exercise of the available jurisdiction, by an administrative authority/tribunal or a court of law should be taken into account by High Courts, when its writ jurisdiction under Article 226 of the Constitution of India is sought to be invoked bypassing a statutory alternative remedy provided by...

What Is 'Zero FIR' And When Can Police Register 'Zero FIR'?

In the aftermath of the recent incident that happened in Hyderabad, where a young lady was brutally raped, smothered and burnt by four men; a question arose about the legality of refusal to register the First Information Report (FIR) by the Shamsabad police by saying that the place of incident was outside their jurisdiction.The Cyberabad police commissioner on Saturday suspended three cops...

Three Aspects To Be Considered While Granting Stay , SC Explains [Read Judgment]

A court while granting stay must consider three aspects viz. Balance of convenience (ii) Irreparable harm or injury (iii) Prima facie case, the Supreme Court has observed. The bench of Justice Deepak Gupta and Justice Aniruddha Bose were considering the appeal filed by Mizoram Government against the High Court order which directed it to keep in abeyance all paper lottery draws pursuant...

When Can An Accused Be Acquitted Under Section 256 CrPC? Bombay HC Answers

The Bombay High Court has ruled that under Section 256 of the Code of Criminal Procedure, if summons have been issued in a complaint and the date appointed for the appearance of accused, the complainant does not appear, the Magistrate shall acquit the accused, unless for some reason he thinks it proper to adjourn the hearing of the case to some other day.Justice KR Shriram was hearing a...

Justice Nariman's Revival Of Doctrine Of "Manifest Arbitrariness" To Strike Down Legislation

Manifest Arbitrariness in a legislation is a ground for a Constitutional Court to strike it down as violative of Article 14 of the Constitution of India. The test to determine "manifest arbitrariness" is to decide whether the enactment is drastically unreasonable and / or capricious, irrational or without adequate determining principle.The latest example of a legislative provision being...

How Is Chief Justice Of India Appointed?

The Constitution of India, 1950 prescribes the "Establishment and Constitution of Supreme Court" under Article 124. According to Article 124(1) the Supreme Court consists of Chief Justice of India and such other judges. Under Article 124(2) the conditions for appointment of the judges of the Supreme Court including the CJI are: "Every Judge of the Supreme Court shall be appointed by...

Explainer : The Law Used To Bypass Cabinet Decision To Revoke President's Rule In Maharashtra

The tussle for power in Maharashtra among BJP, Congress, Shivsena and NCP, continued for weeks post the assembly election result. BJP, which emerged as the single largest party, could not stake a claim for the government owing to disagreement on equal sharing of power with its former ally, Shiv Sena. Since every party had failed to prove the majority, President's rule was imposed on November...

Why An Adult Woman Is Exempt From Punishment For Marrying A Male Child? SC Explains [Read Judgment]

Section 9 of the Prohibition of Child Marriage Act, 2006 provides punishment for male adult marrying a child- It provides that "whoever, being a male adult above eighteen years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both."In a recent judgment, the Supreme Court...

All You Want To Know About Ayodhya Verdict - Issues, Arguments & Findings

The Court was tasked with the resolution of a dispute whose origins are as old as the idea of India itself. The events associated with the dispute have spanned the Mughal empire, colonial rule and the present constitutional regime. The dispute in these appeals arises out of four regular suits which were instituted between 1950 and 1989. Before the Allahabad High Court, voluminous evidence,...

What Is The Law On 'Proxy' Counsel?

Proxy counsels, appearing on behalf of the filing counsel, often find themselves in an identity crisis, as the words "proxy counsel" find no mention in the Advocates Act, 1961. The Advocates Act or any of the Court Rules do not expressly authorize an advocate to represent a party without a duly executed vakaltnama. In 2014, a three-judge bench of the Supreme Court had in clear...

Explainer : Further Investigation, Re-investigation & Re-Trial

The police had the statutory right and duty to 'register' every information relating to the commission of a cognizable offence. The police also had the statutory right and duty to investigate the facts and circumstances of the case where the commission of a cognizable offence was suspected and to submit the report of such investigation to the Magistrate having jurisdiction to take cognizance...

What Are The SC Guidelines On Investigating Police Encounter Killings? [Read Guidelines]

The recent killings of four Maoists in Attappady forest in Kerala have become controversial amidst allegations that they were killed in an encounter staged by police.The relatives of two of the killed persons have moved the Sessions Court Palakkad alleging that the police did not follow the guidelines laid down by Supreme Court to investigate encounter killings.The Sessions Court on...