Columns

The Case for Jury Trials in India: A Lost Tradition That Must Return

”It’s always difficult to keep personal prejudice out of a thing like this. And wherever you run into it, prejudice always obscures the truth.” – 12 Angry Men The room is stifling, the air thick with tension. Twelve men sit around a table, their faces etched with certainty, their verdict seemingly inevitable. A young defendant’s …

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Justice DY Chandrachud’s Farewell: A Trailblazer in Judicial History

Justice D.Y. Chandrachud demitted office as the Chief Justice of India on November 8, 2024. Elevated to the Supreme Court in 2016, he has been an integral part of the judiciary, delivering 600 judgments and participating in 1,726 benches during his tenure. Known for his empathetic approach to justice, unwavering commitment to individual rights, and …

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AMU Judgment : Supreme Court Fumbles With Doctrine Of Judicial Discipline

 Can a two judges bench of the Supreme Court doubt the correctness of an earlier larger bench judgment? The answer to this question can be found in the Constitution Bench judgment in Central Board of Dawoodi Bohra Community v. State of Maharashtra: The Judgments rendered by a Bench of larger strength are binding on Benches …

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The Crisis of Prolonged Incarceration and Delayed Trials

In a recent judgment, V. Senthil Balaji vs. The Deputy Director (2024 INSC 739), the Supreme Court addressed the issue of prolonged incarceration in a money laundering case against the former Tamil Nadu minister. Balaji, arrested under the Prevention of Money Laundering Act (PMLA), spent significant time in judicial custody. The Court granted him bail, …

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West Bengal’s Aparajitha Bill Moots Mandatory Death Penalty For Convicts In Rape & Murder Case ! Is It Constitutional?

The West Bengal Legislative assembly passed Aparajita Woman and Child Bill, 2024 today. Section 66, as amended by Section 6 of the Aparajitha Bill, will read as follows: 66. Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 64 and in the course of such commission inflicts an injury which causes the …

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Questions & Answers Based On Supreme Court Judgments Of August 2024 [CrPC]

Can FIR be quashed after filing of chargesheet? Code Of Criminal Procedure,1973; Section 482 -Whether quashing of the FIR can be refused for no other reason than that the investigating officer has filed the charge-sheet? High Court under Section 482, Cr. PC. retains the power to quash an FIR, even after charge-sheet under Section 173(2) …

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‘Read Between The Lines’ Principle Of Quashing Criminal Cases U/S 482 CrPC

The Supreme Court, in its judgment delivered today in Achin Gupta vs State Of Haryana 2024 INSC 369, while quashing an FIR registered under Section 498A IPC reiterated its ‘read between the lines’ principle of quashing criminal proceedings. Last year, in Mahmood Ali & Ors. v. State of U.P, it was observed thus: When an …

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Much Ado About Ceremony: Supreme Court Judgment In Dolly Rani vs Manish Kumar Chanchal

The Supreme Court, in Dolly Rani vs Manish Kumar Chanchal 2024 INSC 355, held that for a valid marriage under the Hindu Marriage Act, the requisite ceremonies have to be performed and there must be proof of performance of the said ceremony when an issue/controversy arises. The Court observed that though the parties may have …

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DMRC vs DAMEPL: A Classic Case Of Flip Flop Interference By Indian Courts With Arbitration Awards

In its judgment delivered allowing the curative petition filed by Delhi Metro Rail Corporation, the Supreme Court cautioned itself that its curative jurisdiction should not be adopted as a matter of ordinary course. “The curative jurisdiction should not be used to open the floodgates and create a fourth or fifth stage of court intervention in …

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