Allahabad High Court Grants Bail To Juvenile U/S 12 JJ Act, Says Nature Of Offence Not A Relevant Ground For Rejection

A bench of Justice Sanjay Kumar Pachori of Allahabad High Court granted bail under section 12 of JJ Act (Juvenile Justice Act,2015) to a person, who was at the time of incident juvenile and accused of heinous offence. The court observed that the Appellate Court and JJ Board (Juvenile Justice Board) have failed to properly appreciate the mandatory provision of section 12 of...

Delhi High Court Directs National Consortium To Hold Meeting On Clinical Trials For Developing Indigenous Therapies For Rare Diseases

The Delhi High Court has directed the National Consortium for rare diseases to hold a meeting on clinical trials for developing indigenous therapies for Duchenne Muscular Dystrophy (DMD) and Gaucher with DART or Hanugen Therapeutics Private Limited.Justice Prathiba M Singh also directed the National Consortium for Research and Development on therapeutics for Rare Diseases to consult other...

Length Of Relationship Considerable Factor In Rape Case Over False Promise To Marry: Karnataka High Court

The Karnataka High Court has quashed charges of rape levelled against an accused who was booked on the complaint made by the victim, after the accused refused to marry her on being in a relationship with her for over five years.A single judge bench of Justice M Nagaprasanna partly allowed the petition filed by Mallikarjun Desai Goudar and quashed charges levelled under sections 376,...

Orissa High Court Quashes Police Circular Order Conferring ‘Power Of Investigation’ On Graduate Constables & CI Havildars

The Orissa High Court has recently nullified a Police Circular Order (PCO) which conferred ‘power of investigation’ on Graduate Constables and Crime Intelligence Havildars. While setting aside the order, the Single Judge Bench of Justice Aditya Kumar Mohapatra held,“…this Court by no stretch of imagination could presume that the legislatures while enacting Sections 156 and 157 of...

[BAIL] Questions & Answers By Justice V. Ramkumar-Default Bail-PART-II

Q.6 Is a Magistrate or a Special Judge obliged to release an accused on default bail (compulsive bail) under the proviso to Sec. 167 (2) Cr.P.C. in a case involving a cognizable offence under the Customs Act, 1962 where the arrest and production before Court were made by a Customs Officer who is not a police officer ?Ans. Yes. Although, applying the tests laid down by the Supreme Court,...

Article 22(5) | Representation Made On Behalf Of Detenu Should Be Considered & Disposed With A Sense Of Urgency: Jammu & Kashmir High Court

Quashing a Preventive detention order under J&K Public Safety Act, the Jammu and Kashmir and Ladakh High Court recently observed that the words "As soon as may be‟, in Article 22 (5) of the Constitution of India, clearly shows the concern of the makers of the Constitution that the representation, made on behalf of detenu, should be considered and disposed of with a sense of urgency...

Teenage Relationships May Be Dealt On Different Footing But Hands Are Tied Till Law Is Amended: Delhi High Court

While directing framing of charges under POCSO Act against a man despite the victim stating in her statement recorded under section 164 of Cr.P.C. that she had a consensual relationship with him, the Delhi High Court has observed that its hands are tied till any amendment is carried out in law, though it may be desirable that cases of teenage relationships be dealt with on a different...

Senior Advocate Dushyant Dave To Speak At Ernakulam GLC On 'Basic Structure Of Indian Constitution And The Present Day Challenges' Tomorrow

The Ernakulam Law College Old Students And Teachers' Association (ELCOSTA) is conducting its Annual Lecture March 11, 2023 at Aangan Auditorium, Bharat Hotel, Ernakulam, at 11.00 AM. Senior Advocate and former President of the Supreme Court Bar Association Dushyant Dave shall deliver the lecture this year on the topic 'Basic Structure of Indian Constitution and the Present...

Madras High Court Quashes Temple Archaka Appointments Made Contrary To Agama

The Madras High Court (Madurai Bench) recently set aside the appointment of three persons as the Archakas at the Arulmighu Subramaniya Swamy Thirukoil, Trichy, after noting that the appointments were not in terms of the Agama. The appointments were made by the Assistant Commissioner under the Hindu Religious and Charitable Endowment Department, who was the "Fit Person" for the temple.The...

Orissa High Court Orders Govt To Provide More Ambulances To Jails; Directs DLSA Secretaries To Undertake Unannounced Jail Visits

The Orissa High Court has on Thursday given a number of directions to the State Government for improving the conditions of jails across the State. A Division Bench of Chief Justice Dr. S. Muralidhar and Justice Gourishankar Satapathy has also asked the District Legal Services Authorities (DLSAs) to pay unannounced visits to jails in their respective jurisdictions to assess prison...

Father Lawful Guardian Of Child Below 5 Yrs, Removing Such Child From Mother's Custody Not Kidnapping U/S 361: Gujarat High Court

The Gujarat High Court recently reiterated that father being a natural and lawful guardian, removal by him of his son below 5 years of age from his mother is not an offence under Section 361 (Kidnapping from lawful guardianship) of IPC.While quashing the criminal proceedings against the applicants, the single judge bench of Justice Ilesh J. Vora observed:“In order to constitute an offence...

National Sports Federations Should Prioritize Fostering Best Talent Without Being Muddled By Personal Vendettas Against Any Candidate: Delhi High Court

Pulling up Equestrian Federation of India (EFI) over its selection process for upcoming Asian Games, the Delhi High Court has observed that a National Sports Federation should prioritize identifying and fostering best talent in the country without being muddled by hyper-technicality and personal vendettas against any candidate. Observing that a sportsperson belongs to the stadium and not...