Q. Whether For Convicting An Accused, Recovery Of The Weapon Used In Commission Of Offence Is A Sine Qua Non ?

Q. In the given case,

1. The accused were convicted under Section 302 r/w 34 of the IPC for having killed one Bhishampal Singh in an incident which happened on 28.01.2006.
2.  In appeal, one of the contention raised on behalf of the accused was that as per the ballistic report the bullet found does not match with the fire arm/gun recovered and therefore the use of gun as alleged is doubtful and therefore benefit of doubt must be given to the accused is concerned. Decide ?

A. NO

RELEVANT CASE LAW: RAKESH VS. STATE OF UP

Citation: LL 2021 SC 282

For convicting an accused recovery of the weapon used in commission of offence is not a sine qua non, the Supreme Court observed while upholding a conviction of a murder accused.

D.B. OBSERVED THAT :

Minor contradictions which do not go to the root of the matter and/or such contradictions are not material contradictions, the evidence of such witnesses cannot be brushed aside and/or disbelieved.

Q. In the given case,

1. The application for condonation of delay was filed prior to the judgment of the Constitution Bench [ 04.03.2020] with a delay of 7 days beyond the period of 30+15 days (45 days).
2. NCDRC rejected the application for condonation of delay in filing the written statement citing the Constitution Bench judgment.

Against this dismissal, the party filed appeal before Apex Court. Decide.

Q. Whether CB Judgment NEW INDIA ASSURANCE COMPANY LIMITED VS HILLI MULTIPURPOSE COLD STORAGE PRIVATE LIMITED (2020) 5 SCC 757 Which Held The Delay Beyond The Period Of 30+15 Day (45 Days) In Filing The Written Statement Cannot Be Condoned By The National Consumer Disputes Redressal Commission Operates Prospectively Or Retrospectively ?

A. ONLY PROSPECTIVELY.

Case: DR. A SURESH KUMAR VS. AMIT AGARWAL Citation: LL 2021 SC 290

 REITERATED THAT:

The Constitution Bench judgment in NEW INDIA ASSURANCE COMPANY LIMITED VS HILLI MULTIPURPOSE COLD STORAGE PRIVATE LIMITED (2020) 5 SCC 757, which HELD THAT the delay beyond the period of 30+15 day (45 days) in filing the written statement cannot be condoned by the National Consumer Disputes Redressal Commission OPERATES ONLY PROSPECTIVELY.

IMPORTANT APEX COURT UPDATES

Q. Which of the following are correct w.r.t. various petitions all over India challenging the Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021. ?

1. The Supreme Court this week posted to July 16 the petition filed by the Central Government seeking to transfer to the top court petitions filed in High Courts of Delhi and Kerala challenging the Information Technology (Guidelines For Intermediaries And Digital Media Ethics Code) Rules, 2021.
2. A bench comprising Justices AM Khanwilkar and Sanjiv Khanna tagged the transfer petition with the Special Leave Petition JUSTICE FOR RIGHTS FOUNDATION VS UNION OF INDIA and posted it before the appropriate bench on July 16
3. SC posts centre's plea to transfer petitions filed by ' The Wire', The Quint' & ' LiveLaw' on July 16.
4. All are correct.

A.4

Q. Which of the following are correct?

1. The Supreme Court has expressed shock at the practice of police registering FIRs under Section 66A of the Information Technology Act, which was struck down by the top court in the 2015 judgment in the Shreya Singhal case.
2. A bench headed by Justice RF Nariman was hearing an application filed by PEOPLES UNION FOR CIVIL LIBERTIES (PUCL) seeking various directions and guidelines against the FIRs under the struck down provision of Section 66A.
3. "Amazing. That's all what I can say. SHREYA SINGHAL is a 2015 judgment. What is going on is terrible", Justice Nariman observed.
4. All are correct.

A. 4

Q. Which of the following are correct?

1. The Supreme Court this week called for the responses of all High Courts to the suggestions and recommendations of the NCMSC on the aspects of judge strength, case load and infrastructure.
2. The bench of Justices DY Chandrachud and MR Shah passed this direction in connection with the IMTIYAZ AHMAD V. STATE OF UP matter,
3. where on January 2, 2017, the court had ordered that until the National Court Management Systems Committee (NCMSC) formulates a scientific method for determining the basis for computing the required judge strength of the district judiciary, the judge strength shall be computed for each state, in accordance with the interim approach indicated in the note submitted by the Chairperson, NCMSC.
4. ALL ARE CORRECT

A. 4

Q. What Is True About Congress Toolkit Controversy?

1. The Supreme Court this week refused to entertain a Public Interest Litigation (PIL) seeking an investigation by the National Investigation Agency into the alleged Congress "toolkit" and
2. subsequent suspension of the registration of Indian National Congress (INC) if the charges against them pertaining to "anti-national acts" are found true.
3. A bench comprising Justice D.Y. Chandrachud and Justices MR Shah asked the petitioner Advocate Shashank Shekhar Jha how a petition under Article 32 can be entertained against political propaganda."If you don't like the toolkit, ignore it", Justice Chandrachud said.
4. ALL ARE CORRECT

A.4

Q. Which Of The Following Are Correct ?

1. Senior Advocate Indira Jaising has moved an application in the Supreme Court seeking a declaration that the process adopted by certain High Courts to confer senior designations through the process of secret voting of the full court is "arbitrary and discriminatory".
2. The application points out that recently the High Courts of DELHI AND PUNJAB & HARYANA resorted to voting process to confer senior designations.
3.  Such voting was done even after marks were assigned to the candidates by the Committee of the High Courts based on the "OBJECTIVE CRITERIA" formulated by the Supreme Court in the 2017 judgment in the case Indira Jaising vs Supreme Court of India.
4. ALL OF THE ABOVE

A. 4

Q. Which of the following are correct?

1. Senior journalist SASHI KUMAR, founder of Asianet and the current Chairman of Asian School of Journalism, has approached the Supreme Court challenging the constitutional validity of the offence of sedition under Section 124A of the Indian Penal Code, as same being applied in a politicised fashion ?
2. He has filed an intervention application in the writ petition KISHORECHANDRA WANGKHEMCHA AND ANOTHER VERSUS UNION OF INDIA filed by two Manipur based journalists questioning the constitutionality of the offence of sedition.
3. A bench led by Justice UU Lalit had issued notice on the writ petition on April 30.
4. All are correct.

A.4

Q. Which of the following are correct?

1. " Complete Police Raj In Bihar, Loss of liberty of a person of humble means is not at a lower pedestal compared to that of an affluent person with more resources", observed Supreme Court.
2. The bench of Justices Chandrachud and Justice M. R. Shah was hearing an SLP against the December 22, 2020 decision of the Patna High Court awarding Rs. 5,00,000/- as compensation to a truck driver who was illegally detained and kept in custody for over 35 days by the Patna Police.
3. The SLP was filed at the instance of the state of Bihar against the quantum of compensation.