Oye Lawyer

09/11/2023

Chief Justice of India D Y Chandrachud said on Saturday that while the legislature can enact a fresh law to "cure the deficiency" in a law, it cannot "directly overrule" a court judgment.
"There is a dividing line between what the legislature can do and what the legislature cannot do when there is a judgment of the court. If there is a judgment of the court which decides a particular issue and that judgment points out deficiencies in the law, it is always open to the legislature to enact a fresh law to cure the deficiency. What the legislature cannot do is to say we think this judgment is wrong and therefore we overrule the judgment. A judgment of the court cannot be directly overruled by the legislature... that's completely impermissible... but if a judgment takes a particular view of a legislation, it is always open to the legislature to cure the defect,"

Credits: The Indian Express

09/11/2023

"If mandatory death punishment under section 3(2)(i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, is allowed to continue, it would defeat the existence of very important provisions of Code of Criminal Procedure namely 235(2) Cr.P.C. as well as sec.354 (3) Cr.P.C. both of which provides for hearing of an accused on the quantum of sentence as well as giving reasons for imposing sentence by the Court. If the Court has no option save to impose the sentence of death, it is meaningless to hear the accused on the question of sentence and it becomes superfluous to state the reasons for imposing the sentence of death. Thus, there is no justification for prescribing a mandatory sentence of death", reads the PIL."

Credits: Virdictum

04/11/2023

A Supreme Court judge has voiced unhappiness at being repeatedly addressed as "My Lord" and "Your Lordships" by lawyers during judicial proceedings. "How many times you will say 'My Lords'? If you stop saying this, then I will give you half of my salary," Justice PS Narasimha, who was sitting on the bench with senior presiding judge Justice AS Bopanna, told a senior lawyer during the hearing of a regular matter on Wednesday.
Lawyers, during arguments, invariably address judges as "My Lord" or "Your Lordships". Those opposed to the practice often call it a colonial-era relic and a sign of slavery

Credits: Economic Times

04/11/2023

French police shot and seriously injured an unarmed woman wearing an Islamic veil after she threatened to blow herself up and screamed 'Allahu Akbar' at a metro station in Paris. The incident occurred after passengers on a train alerted the police, who managed to isolate the woman. Despite warnings, the woman did not respond, leading the police to open fire. The woman's condition is critical, and the incident has heightened fears in Paris, leading to increased security measures.

Credits: Times Of India, The Print

04/11/2023

Having a head start of over a decade, Nvidia almost enjoys a monopoly in producing GPUs, which are the key processors for Al applications. The emerging era of Al has prompted global tech giants to design their own chips, but it will be a long time before they can get anywhere close to Nvidia.

Credit: Shelley Singh, The Economic Times

02/11/2023

CASE TITLE: Munshi Sah v. The State Of Bihar & ANR.
In view of the same, the Court, while modifying the bail order directed for the release of the appellant and made it clear that the prerequisite of prior surrender by the husband will not be insisted.

Credit: Live Law

02/11/2023

CASE TITLE: Anil Kumar VS State of Kerala
The exception clearly in unequivocal term states that it would be applicable where culpable homicide is committed not only without premeditated mind in a sudden fight or quarrel but also without the offender taking "undue advantage" of the situation. In the instant case, the appellant upon seeing the deceased drenched in kerosene clearly took advantage of the situation and lighted a matchstick and threw it upon her so that she can be burnt. The appellant having taken "undue advantage" of the situation cannot be extended the benefit of Exception 4 to Section 300 IPC so as to bring the case within the ambit of Partll of 304 IPC.

Credit: Live Law

02/11/2023

CASE TITLE: Vithal Manik Khatri V. Sagar Sanjay Kamble, Special Leave Petition (Criminal)
The object and purpose of the provisions of the Domestic Violence Act 2005 is to provide more effective protection of the right of the women guaranteed who is victims of violence of any kind that occurs within the family... Therefore, while interpreting the definition of aggrieved persons in tune with the object and purpose of the Act, such definition needs to be interpreted with the broadest possible terms, the High Court had held. Against this ruling the man has approached the Apex Court.

Credit: Live Law

01/11/2023

The ongoing Israel-Hamas war has brought significant attention to Israel's Iron Dome air defence system. This state-of-the-art rocket defence system, initially believed to be nearly impenetrable, faced a stern test on October 7 when Hamas, the Palestinian militant group, launched a barrage of almost 5,000 rockets in just 20 minutes.
India's LR-SAM (Long-Range Surface-to-Air Missile) system is designed to perform tasks akin to the Iron Dome.
This system will be equipped to detect and destroy a range of threats, including stealth fighters, aircraft, drones, cruise missiles, and precision-guided munitions. It's expected to have a substantial operational range of up to 350 kilometres.

Credits: WION, Times of India

01/11/2023

The brand-new Vande Sadharan Push-Pull train reached Mumbai's Wadi Bunder yard on Sunday, October 29. It will undergo trials in the coming week.
The trials are expected to take place in the Mumbai-Nashik corridor, with a focus on the hilly terrain, as per the report. One potential route for the train would likely be Mumbai-Delhi. Officials did not respond to queries, the report added.

Credits: Live Mint, Times Of India, Wikipedia

01/11/2023

Bank of Baroda’s internal audit found that agents had linked their mobile numbers to customer accounts for registration on the “Bob World” app and had siphoned off Rs.22 lakh from 362 customers.
Agents, known as business correspondents, linked mobile numbers on the customer’s consent forms to on-board them on to the ‘Bob World’ app apparently due to pressure from the bank to boost registration on the Bob World app. But then these agents stole money from the customer accounts through un-authorised mobile linking.
The scandal came to light following an expose by The Reporters’ Collective (TRC) and Al Jazeera.

Credits: TRC, Al Jazeera, Outlook India

LEGAL KNOWLEDGE | NEWS | PUBLIC AWARENESS | AND MUCH MORE

01/11/2023

Assailant Jordan Andrade, 24, reportedly stabbed Varun with a knife into the temple at a public gym in the Valparaiso city of Indiana on Sunday morning. The authorities are yet to identify the reason for the attack, and a probe is underway.

Credits: Times Of India