Liji Anna Thomas

Courts Cannot Re-Appreciate Evidentiary Findings of Disciplinary Enquiry: Supreme Court

A Division Bench headed by Justice D. Y Chandrachud held that Courts could not overlook the position of the disciplinary authority as a fact-finding authority. The autonomy of the employer in maintaining discipline and efficiency of the service was...

Supreme Court Reiterates That the Principle of Evidence Favoring the Accused to Be Considered

A Full Bench of the Supreme Court acquitted the Accused overruling the Trial Court and the High Court's conviction for murder. Relevant evidence could not be established. Brief facts of the case The Appellant Accused was held guilty of murder by...

Addition of Words as Prefixes or Suffixes Is an Infringement of a Registered Trademark: Delhi High Court

Justice Jayanth Nath allowed the Times Group to use its registered trademark “Newshour”, in the case of Bennett Coleman and Co. Ltd v. ARG Outlier Media Pvt Ltd & Ors. The Court ordered to bar Arnab Goswami from using the...

UAPA Cannot Be Used When the Accused Does Not Have an Active Knowledge of the Offence: Delhi High Court

Justice Suresh Kumar Kait held that the Unlawful Activities Prevention Act cannot be charged on the accused when he does not have any knowledge of the offence committed. Brief Facts of the Case The Petitioner Faizan Khan and his co-accused were...

Supreme Court Appoints Committee To Examine Arbitrariness of Sealing of Resorts in Elephant Corridor, Tamil Nadu

A Full Bench headed by the Chief Justice of India, in the matter of Hospitality Association of Mudumalai V. In Defence of Environment and Animals and Ors. reiterated the precautionary principle to be a part of the constitutional and other...

Notice Must Be Given Before Alteration in NRI Quota in Private Medical Institutions: Supreme Court

A Division Bench of the Supreme Court held that NRI quotas are not sacrosanct in medical admissions. The composition of the quota can be altered or deleted. This should happen after providing adequate notice to those students who want...

Public Spaces Cannot be Occupied Indefinitely for Protests: Supreme Court on Shaheen Bagh Protests

A Full Bench of the Supreme Court held that although the citizens of the country have a fundamental right of dissent, the protestors cannot disrupt the public order. Brief Facts of the Case There have been protests against the enactment of...

Supreme Court’s Lack of Territorial Jurisdiction Can Invalidate Trial Proceedings of an Offender under Section 462(1) of CrPC  

Justice V. Ramasubramanian explained that when a Magistrate is not empowered to conduct a trial of an offence, such proceedings are void. Also, when a Court having no territorial jurisdiction conducts a trial for an offender, such proceedings are...

Gravity of Crime Cannot Be the Sole Basis for Refusing Premature Release: Supreme Court

A Full Bench of the Supreme Court held that the premature release of the accused must be based on the goal of reformation. The Bench opined that the conduct of the accused must be scrutinized for deciding the possibility...

High Power Committee Categorization of Prisoners for Interim Bail is Not Arbitrary: Supreme Court

A Full Bench held that the prisoners cannot be granted a benefit in unprecedented circumstances. A release of all categories of prisoners based on the principle of equality irrespective of categorization will not achieve social order. There is a...

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