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‘Violates Privacy, Mental Integrity’: Orissa HC Urges Medical Professionals To Desist From Conducting ‘Two Finger Test’ On Sexual Assault Victims
The Orissa High Court has directed all the medical professionals to desist from conducting ‘two-finger test’ on the victims of sexual assaults to ascertain their virginity. The Single Bench of Justice Sangam Kumar Sahoo reiterated that the said test is unconstitutional being averse to the invaluable dignity of the victims of sexual assault and thus observed,“The medical professionals...
Privately Watching Porn Video Without Exhibiting It To Others Will Not Attract Offence Of Obscenity U/S 292 IPC: Kerala High Court
The Kerala High Court last week quashed criminal proceedings initiated against a man who was arrested by the Police from roadside for watching pornography on his mobile phone.Justice P.V.Kunhikrishnan stated that "privately" watching obscene photos or videos on one’s phone without distributing or publicly exhibiting it will not attract the offence of obscenity under IPC. It added that...
Supreme Court Dismisses Axis Bank's Appeal, Upholds Condonation of Delay In CIRP By SBI Against Corporate Debtor
The Supreme Court today dismissed an appeal by Axis Bank Limited(appellant), thereby affirming the condonation of delay in initiating the Corporate Insolvency Resolution Process (CIRP) by the State Bank of India (SBI) against a corporate debtor under Section 7 of Insolvency and Bankruptcy Code(IBC), 2016.The Court observed, “For all reasons recorded above, no merit in appeal the same...
'Not Even An Apology Tendered': Supreme Court Criticises Gujarat Govt For Not Deciding Remission Application Despite Direction
The Supreme Court on Monday directed the release of a prisoner on parole, due to the delay of one year on the part of the Gujarat Government in considering his prayer for premature release. The Apex Court also directed the State Government to place its decision on record within two weeks.A bench of Justice Abhay S Oka and Justice Pankaj Mithal noted that in its previous order dated...
Supreme Court Extends Interim Bail of AAP Leader Satyendar Jain in Money Laundering Case Until September 25
The Supreme Court on Tuesday adjourned until September 25 the hearing of the bail plea of Aam Aadmi Party leader and former Delhi government cabinet minister Satyendar Jain in a money laundering case. Jain was arrested by the Enforcement Directorate in May 2022 and was granted interim bail due to medical reasons earlier this year. The court today clarified that this interim relief...
Supreme Court Adjourns Hearing In SNC Lavalin Case At CBI's Request
The Supreme Court on Tuesday adjourned the appeals filed by the Central Bureau of Investigation (CBI) challenging the discharge of Kerala Chief Minister Pinarayi Vijayan and other accused in the SNC Lavalin Case. A bench comprising Justices Surya Kant and Dipankar Datta adjourned the hearing following a request made on behalf of Additional Solicitor General SV Raju, who represents the CBI....
Supreme Court Refers Sedition Law Challenge To Larger Bench, Says New Bill To Replace IPC Can't Affect Past Cases
The Supreme Court on Tuesday (September 12) referred the petitions challenging the sedition law (Section 124A of the Indian Penal Code) to a bench of at least 5-judges.A three-judge bench led by Chief Justice of India DY Chandrachud said that a reference to a larger bench was needed as the provision was upheld by a 5-judge bench in the 1962 judgment Kedar Nath Singh v. State of Bihar. Being...
Supreme Court Adjourns Umar Khalid's Bail Plea in Delhi Riots Larger Conspiracy Case; To Hear After Four Weeks
The Supreme Court on Tuesday granted leave in the bail application of former JNU scholar and activist Umar Khalid in connection with the Delhi riots larger conspiracy case. He has been behind bars since September 2020, awaiting his trial under the Unlawful Activities (Prevention) Act for his alleged involvement in the larger conspiracy surrounding the communal violence that broke out...
Whether SIT Is A 'Police Station' And Is Competent To File Chargesheet Under Section 173(2) CrPC? Supreme Court To Consider
The Supreme Court on Monday (September 11) issued notice on a petition raising a significant question regarding the authority of a Special Investigation Team (SIT) to file a chargesheet under section 173(2) Code of Criminal Procedure. The petitioner raised a question of law whether an SIT can be considered a police station with the power to initiate legal proceedings. This was in reference to...
Article 20(1) Of Constitution Doesn't Bar Retrospective Application Of Procedural Changes In Criminal Trial : Supreme Court
A Supreme Court constitution bench on Monday(September 11) reiterated that any change in procedure after an offence is committed would not be unconstitutional on grounds of the bar on the retrospective application of ex post facto laws contained in Article 20(1) of the Constitution, since procedural matters were not covered by the said clause. While holding that its...
Gyanvapi-Kashi Title Dispute | 'Procedural Aberration, Jurisdictional Impropriety': Allahabad HC CJ Specifies Reasons For Withdrawing Cases From Single-Judge
In a significant order, the Chief Justice of the Allahabad High Court has specified the reasons for the withdrawal of the cases concerning the Kashi Vishwanath-Gyanvapi land title dispute (from the bench of Justice Prakash Padia) by stating that the decision was taken by him (CJ) on the administrative side "in the interest of judicial propriety and judicial discipline as well as the...
Supreme Court Disapproves Of High Court Order Limiting Bail To Three Months
The Supreme Court recently disapproved of an order passed by a High Court which restricted the bail to a particular period."Once the High Court came to the conclusion that the accused was entitled to bail, there was no reason to restrict the bail to the period of three months", the Court observed in the case Ranjit Digal vs State of Odisha.In this case, the Orissa High Court granted interim...