Are We Over Criminalizing ‘Adolescent Love’? Justice Jasmeet Singh Flags Issues Concerning POCSO Act

Justice Jasmeet Singh on Saturday said that the issue of criminalization of “adolescent love” under the POCSO Act needs to be addressed. The Delhi High Court judge also highlighted various issues pertaining to the enactment. “Are we over criminalizing the adolescent love? This is an issue which, according to me, needs a look because there are cases where one child is 17 years and...

Customs Act 1962 : Supreme Court Delivers Split Verdict On Jurisdiction Of Settlement Commission In Relation To Goods Under Section 123

The Supreme Court, on Thursday, delivered a split verdict in respect to the issue -whether jurisdiction of Settlement Commission under Section 127B of the Customs Act, 1962 can be invoked in relation to goods to which Section 123 applies. While considering the conflicting judgments of the Bombay High Court and the Delhi High Court a Division Bench comprising Justice Krishna Murari and...

[POCSO Act] They Are ‘Survivors’ And Not ‘Victims’ Of Sexual Offences, Focus Must Be On Children’s Rehabilitation: Justice Tara Vitasta Ganju

Delhi High Court judge, Justice Tara Vitasta Ganju, on Saturday said that children who have been sexually abused must be called as “survivors” and not “victims” and that their rehabilitation should also be focused upon, as much as the law and punishing the offenders. “No nation can flourish if children of the nation suffer from abuse of vulnerability. In as much as we focus on...

Supreme Court Quarterly Digest On Evidence Law [Jan – Mar, 2023]

Close RelativeTestimony of a close relative - A witness being a close relative is not a ground enough to reject his testimony. Mechanical rejection of an even “partisan” or “interested” witness may lead to failure of justice. The principle of “falsus in uno, falsus in omnibus” is not one of general application. (Para 17.4) Ravasaheb @ Ravasahebgouda v. State of Karnataka, 2023...

Supreme Court Asks All Courts To Defer Applications For Default Bail Based On 'Ritu Chhabaria' Judgment Beyond May 12

The Supreme Court extended its interim order which directed that any application filed before any court seeking default bail on the basis of Ritu Chhabaria v. Union of India And Ors. should be deferred, till May 12, 2023. Earlier, the court had agreed to constitute a three-judge bench on May 4 to consider Centre's application seeking the recall of the Chhabaria judgement. However, since...

Supreme Court Quarterly Digest On Consumer Law [Jan – Mar, 2023]

Amend Consumer Protection Rules on appointment process of commission members within 3 months: Supreme Court to Centre, States. In Re: Inaction of the Governments in appointing President and Members/Staff of Districts and State Consumer Disputes Redressal Commission and inadequate infrastructure across India v. Union of India, 2023 LiveLaw (SC) 201Consumer Commissions can't decide...

National Green Tribunal Directs Union Government To Take A Call To Bring Slaughter Houses Under Environmental Clearance Regime, Sets 2 Months Deadline

The National Green Tribunal has directed the MoEF&CC to take a call within two months on the recommendations of the Expert Committee headed by Dr. S.R. Wate to include slaughterhouses and meat processing under Environmental Impact Assessment Notification, 2006.The bench of Justice Adarsh Kumar Goel (Chairperson), Justice Sudhir Agarwal, Dr.A Senthil Vel further directed that, “…If...

Supreme Court Notifies Vacation Benches [Read About Composition of Vacation Benches]

The Supreme Court of India on Thursday notified the benches that will hear cases during the summer vacation commencing from Monday, May 22 to Sunday, July 2. Chief Justice DY Chandrachud, in the exercise of his powers under the Supreme Court Rules, 2013, had directed that the top court will close for vacation later this month and reopen again in the first week of July. Notably, the annual...

Supreme Court Seeks Update From Centre On Sex Workers' Rehabilitation Bill

The Supreme Court on Thursday orally sought an update from the Centre on the status of a proposed bill on the prevention of trafficking, and the rehabilitation of sex workers. “Once that act is enacted, many of the aspects will be taken care of. We also know our limitations,” Justice Gavai remarked, during the hearing. A bench of Justices Gavai, Vikram Nath, and Sanjay Karol...

Supreme Court Collegium Recommends Justice Robin Phukan Be Made Permanent Judge Of Gauhati High Court

The Supreme Court Collegium (SCC) comprising CJI Dhananjaya Y Chandrachud, Justice Sanjay Kishan Kaul and Justice K. M. Joseph on Tuesday recommended the name of Justice Robin Phukan, Additional Judge, for appointment as a permanent judge of the Gauhati High Court. The Judgment Evaluation Committee constituted in terms of the Resolution dated October 26, 2017 of the SCC said each...

Supreme Court Adjourns Hearing Of Plea Seeking Ban On Convicted Persons From Forming Political Party Till August

The Supreme Court, on Thursday, deferred the hearing of the plea involving interpretation of Section 29A of the Representation of People’s Act, 1951 (RP Act) as to whether the Election Commission of India is empowered to de-recognise political parties formed by convicted persons. The petition seeks a ban on convicted persons from forming a political party and becoming a political office...

'Will Hear Only Aggrieved Person' : Supreme Court Refuses To Entertain PIL Challenging "Automatic Disqualification" Of MPs Upon Conviction

The Supreme Court refused to entertain a petition seeking to challenge the legality of Section 8(3) of the Representation of the People Act, 1951. Section 8(3) states that any person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified as a Member of Parliament or a Member of a Legislative Assembly. The plea was filed by Aabha Muralidharan,...