Maharashtra Bar Council Initiates Disciplinary Proceedings Against Lawyer For Filing "Frivolous" PIL Against A Sitting Judge

The Bar Council of Maharashtra and Goa has initiated disciplinary proceedings against an advocate for filing a PIL against Bombay High Court Judge – Justice Revati Mohite Dere – and allegedly maligning and tarnishing hers as well as the Judiciary’s image.The Bar Council has constituted a 3-member disciplinary committee against Advocate Mursalin Shaikh “for making the frivolous...

Statement Recorded U/S 164 Or 161 CrPC Can't Be Treated As Substantive Evidence Without Opportunity Of Cross-Examination To Defence: Patna High Court

The Patna High Court, while acquitting an accused under the POCSO Act, has reiterated that if the defence is denied an opportunity to cross examine a witness whose statement is recorded under Section 164 or Section 161 CrPC, then such statements cannot be treated as evidence of substantive character.The bench of Justice Alok Kumar Pandey relied upon Supreme Court's decision in R. Shaji vs....

Meghalaya High Court Cracks Whip On Overloaded Vehicles, Directs State To Carry Out Inspection Drives

The Meghalaya High Court on Friday directed the State government to take immediate action against the overloading of vehicles along the principal arterial routes in the State.The directions came to be passed by a bench comprising Chief Justice Sanjib Banerjee and Justice W. Diengdoh, while hearing a PIL pertaining to the movement of illegally mined coal in heavy vehicles without following...

Bombay High Court Criticizes Sessions Judge For Giving "Single-Line" Reasoning While Setting Aside Magistrate's Detailed Order

The Bombay High Court recently criticized a sessions judge for giving a single line reasoning to set aside a well-reasoned order passed by the judicial magistrate.Justice SG Mehare of the Aurangabad bench said that while writing a judgement in appeal, the court has to appreciate the case as if it is a trial before it.“…the learned Additional Sessions Judge has recorded a single-line...

Calcutta High Court Directs State-Owned Corporation To Refund Overdrawn Amount Deducted From Group C Employee's Retiral Benefits

The Calcutta High Court recently directed the State Government to pay the overdrawn amount to a Group ‘C’ employee which was recovered post his retirement on the ground that the said recovery by the employers was in violation of the ratio laid down by the Supreme Court in the State of Punjab and Ors. v. Rafiq Masih (2015) 4 SCC 344. The Supreme Court in State of Punjab and Ors....

Motor Accident | Remarriage Not A Taboo Against Compensation To Widow Of Deceased: Bombay High Court

The Bombay High Court recently held that remarriage will not disentitle the widow of a deceased in a motor accident from receiving compensation.Justice SG Dige observed that remarriage cannot be a taboo against motor accident compensation –“One cannot expect that for getting compensation of deceased husband, the widow has to remain widow for life time or till getting...

Mere Harassment For Recovery Of Loan Does Not Amount To Abetment To Suicide: Andhra Pradesh High Court

The Andhra Pradesh High Court recently quashed an abetment to suicide case under Section 306 of IPC stating that a mere allegation of harassment, without intention on part of the accused to encourage the deceased to commit suicide would not constitute the offence.The bench of Justice R.Raghunandan Rao said that, “One common thread (to constitute abetment to suicide) is the requirement...

'Possible That Police Set Up False Case After Killing Deceased In The Process Of Arrest' : Supreme Court Acquits 4 In 1989 Murder Case

The Supreme Court recently acquitted four persons who were convicted for a murder which happened in 1989. After appreciating the evidence, the Court formed an opinion that the case might have been set up by the police themselves after killing the deceased in the process of arrest(Pulen Phukan & Ors. Versus The State Of Assam).The Court was hearing an appeal challenging a Gauhati High...

Madras High Court Dismisses PIL Seeking Action Against Director Mani Ratnam For Allegedly Distorting History In Ponniyin Selvan

The Madras High Court recently dismissed a Public Interest Litigation seeking action against Director Mani Ratnam for allegedly portraying the wrong history of the Chola empire in his movie Ponniyin Selvan: I.Advocate L.K. Charles Alexander had alleged that the director has distorted the history of the Chola dynasty for commercial purposes and has used the names of the historical figures in...

Supreme Court Issues Notice In Petition Challenging Ongoing Recruitment Process Of Different CATs

The Supreme Court issued notice in a petition challenging the ongoing recruitment process of Judicial Members for the 19 Central Administrative Tribunals (CATs) across the country. A bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala heard the petition. The petitioner, Additional Advocate General of the State of Himachal Pradesh, Rajinder Singh Dogra,...

Bombay High Court Stays Felling Of 177 Trees At Aarey Colony, Asks MMRCL To First Seek Clarification From Supreme Court

The Bombay High Court restrained the Mumbai Metro Rail Corporation from felling 177 trees at Aarey Forest without the MMRCL seeking a clarification from the Supreme Court.A division bench comprising Acting Chief Justice SV Gangapurwala and Justice Sandeep Marne reasoned that the Tree Authority couldn’t have permitted MMRCL to cut 177 trees despite the Supreme Court allowing it to...

Calcutta High Court Grants Bail To Alleged Jaamat-ul-Mujahideen Bangladesh Member In UAPA Case After Over 4 Years Jail

The Calcutta High Court on Thursday granted bail to an alleged member of the banned organisation Jamaat-ul-Mujahideen Bangladesh (JMB). The accused was arrested in 2019 in a case under various provisions of Explosive and Substance Act, Indian Penal Code (IPC) and Unlawful Activities (Prevention) Act (UAPA). The division bench of Justice Ajay Kumar Gupta and Justice Joymala...