Supreme Court clears ballistic expert of perjury charge : Jessica Lal Case

Landmark Judgements31. The Supreme Court has held that a High Court cannot interfere with the concurrent findings of the trial court and first appellate court on a pure question of fact. Damodar Lal Vs. Sohan Devi & Ors [LNIND 2016 SC 1]

2. The Supreme Court has held that Section 166 of the Motor Vehicles Act is a benevolent provision for the victims of accidents of negligent driving and that the provision for territorial jurisdiction has to be interpreted consistent with the object of facilitating remedies for the victims of accidents. Hyper technical approach in such matters cannot be appreciated. Malati Sardar Vs. National Insurance Company Limited & Ors [LNIND 2016 SC 3]

3. The Supreme Court has held that expert evidence needs to be given a closer scrutiny and requires a different approach while initiating proceedings under Section 340 of CrPC. The Court further held that merely because an expert has tendered an opinion while also furnishing the basis of the opinion and that too without being conclusive and definite, it cannot be said that he has committed perjury so as to help somebody. Also, mere rejection of the expert evidence by itself may not also warrant initiation of proceedings under Section 340 of Cr.P.C. Prem Sagar Manocha Vs. State (NCT of Delhi) [LNIND 2016 SC 9]

4. The Delhi High Court has ruled that an applicant under the RTI Act has access to only such information that is available and existing with the public authority subject to the exemptions in Section 8 of the Act. The Court further held that “right to information” under Section 2(j) means only the right to information which is held by any public authority. There is no other provision under the Act under which a direction can be issued to the public authority to collate the information in the manner in which it is sought by an applicant. The Registrar, Supreme Court of India Vs. Commodore Lokesh K.Batra & Ors [LNIND 2016 DEL 33]

Legal News3(a) The Delhi High Court has refused to intervene in the Odd-Even Scheme mooted by the Delhi Government stating that the High Court will not interfere on matters of public policy unless the policy is unconstitutional or contrary to statutory provisions. The court further stated that the power of Judicial Review cannot be extended to determine the correctness of the policy.

(b) The Supreme Court has indicated that it would examine the custom prohibiting entry of women aged 10 to 50 years to the Sabarimala temple in Kerala. The Court, while adjourning the matter, stated that unless the temple had a constitutional right, it cannot prohibit entry of women pilgrims.

(c) The Supreme Court has urged the Parliament to enact stringent laws to punish people who are involved in abuse and rape of minor children. Earlier, a petition was filed by the Supreme Court Women Lawyers Association who sought chemical castration of such convicts.

(d) The Supreme Court has stayed the Notification issued by the Ministry of Environment Forest and Climate Change which permitted conduct of ‘Jallikkattu’ in Tamil Nadu.

Legislation Updates3Central Notifications/Rules/Regulations:

Latest Notifications on Insurance, Mines & Minerals, FEMA, and Income Tax are now available online. Few other important notifications which are now online are as follows:

  • The, Companies (Meetings of Board and Its Powers) Second Amendment Rules, 2015
  • The, Petroleum and Natural Gas Regulatory Board (Authorizing Entities to Lay, Build, Operate or Expand City or Local Natural Gas Distribution Networks) Amendment Regulations, 2015
  • Securities and Exchange Board of India (Listing Obligations and Disclosure Requirements) Regulations, 2015
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