Rape Survivor's S. 164 CrPC Statement Before Magistrate Is On Higher Pedestal Than Statement Recorded By IO U/S 161 CrPC: Allahabad HC

The Allahabad High Court has observed that the statement made by a rape survivor under Section 164 CrPC before the Magistrate stands on a high pedestal, and a sanctity is attached to such statement recorded during the course of the investigation than that of her statement recorded under Section 161 CrPC by the Investigating Officer. A bench of Justice Ram Manohar Narayan Mishra made...

Confession Must Be of Sterling Value & Corroborated: J&K High Court Upholds Conviction Under Prevention Of Terrorism Act

The Jammu and Kashmir and Ladakh High Court has reaffirmed the conviction of a former police constable under Section 3(4) of the Prevention of Terrorism Act, 2002 (POTA), emphasizing that a confession recorded under Section 32 of POTA must be of sterling value and corroborated before it can be relied upon.Shedding light on the mandate of Sec 32 of POTA Justices Sanjeev Kumar and Puneet...

Dariya Khan Tomb's Protected Area To Be Treated As 1.25 Acres: Delhi High Court Clarifies

The Delhi High Court has clarified that the protected area of the Dariya Khan Tomb, situated in city's east Kidwai Nagar, would be treated as 1.25 acres.A division bench comprising Justice Rekha Palli and Justice Saurabh Banerjee was dealing with an appeal filed by NBCC (India) Limited challenging a single judge order rejecting its application seeking correction of a purported factual error in...

Gauhati High Court Questions Arunachal Pradesh Govt Over Non-Constitution, Proper Functioning Of State Human Rights Commission

The Gauhati High Court at Itanagar on Thursday (January 30) asked the State of Arunachal Pradesh why it had not constituted the Arunachal Pradesh State Human Rights Commission as per section 21 of the Protection of Human Rights Act, 1993. The division bench comprising Justice Kalyan Rai Surana and Justice Mridul Kumar Kalita was hearing a PIL on the issue, during the hearing of which, the...

If Elected Representatives Want To Change Political Affiliation, They Must Resign & Face People's Mandate Again : Kerala High Court

The proper manner by which a person is to be defeated in a democratic set-up is through the ballot papers and not by using weapons or by committing vandalism, the Court said.

Delhi High Court Asks DSLSA To Frame Mechanism To Monitor Appearance Of Legal Aid Counsels In District Courts

The Delhi High Court has directed the Secretary of Delhi State Legal Services Authority (DSLSA) to ensure that an appropriate mechanism is put in place to monitor the appearance of legal aid counsels in cases where they have been appointed in all the District Courts in the national capital. Justice Swarana Kanta Sharma said that it must be ensured that legal aid counsels duly inform the...

“Vested Interests Use Fear, That Is Fascism; People Must Live Without Fear In A Democracy": Kerala HC Orally Remarks In Unauthorised Banner Case

The Kerala High Court on Thursday (30th January) while hearing the case dealing with erection of unauthorized banner was informed that in many cases, police were not registering FIRs even after they are informed of illegal boardings put up in the area.Justice Devan Ramachandran had already directed the secretaries of local self-government institutes to remove unauthorized banner erected in...

Advocates Act | State Bar Council Must Have 'Reason To Believe' Before Issuing Notice To Lawyer On Complaint Of Misconduct: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that under the Advocates Act, the State Bar Council must have “reason to believe” that an advocate against whom a complaint is made is guilty of professional or other misconduct before issuing notice to him.According to Section 35 (Punishment of advocates for misconduct) of the Advocates Act, where on receipt of a complaint or otherwise...

Bombay High Court Issues Notice On PIL Seeking Cancer Warning On All Alcohol Bottles

The Bombay High Court on Thursday (January 30) sought the stand of centre, state and FSSAI in a Public Interest Litigation (PIL) petition seeking cancer warning on all alcohol bottles.A division bench of Chief Justice Alok Aradhe and Justice Bharati Dangre today issued notices to the Centre, State Government and Food Safety and Standards Authority of India (FSSAI). The petition states that...

Karnataka High Court Stays SC/ST Act Case Against Infosys Co-Founder Kris Gopalakrishnan & IISc Faculty Members

The Karnataka High Court on Wednesday stayed all further proceedings in the case registered against Infosys co-founder S Krish Gopalakrishnan and 17 members of the Indian Institute of Science (IISc) under the SC/ST (Prevention of Atrocities) Act, following allegations by a former professor D. Sanna Durgappa, of wrongful dismissal and caste-based discrimination. Justice S R Krishna Kumar...

'Not A Minor Offence, Part Of Crime Syndicate': Delhi HC Denies Bail To PMLA Accused Booked For Supplying Spurious Anti-Cancer Medicines

The Delhi High Court has recently denied bail to an accused/applicant booked under the Prevention of Money Laundering Act, 2002 (PMLA) for his alleged involvement in the illegal procurement of empty vials and raw materials of anti-cancer drugs.Justice Chandra Dhari Singh in his order said, "In the present case, the applicant has not been charged for some minor offence that has simple...

“Pe” Is Commonly Used Word In Payment Services Industry: Madras High Court Dismisses PhonePe's Trademark Infringement Suit

The Madras High Court recently dismissed a suit filed by PhonePe to declare its mark as a well known trademark and to grant permanent injunction against “BundlePe” and “LatePe”. Justice P Velmurugan observed that the term “Pe” was not a unique or distinct one as claimed by PhonePe and was commonly used word in the payment services industry. The court noted that the word,...