Article 311 | Every Conviction Cannot Entail Automatic & Mechanical Removal Of Convicted Employee: Himachal Pradesh High Court

The Himachal Pradesh High Court on Monday ruled that the provisions contained in proviso (a) to Clause (2) of Article 311 of the Constitution of India read with Rule 19(i) of CCS (CCA) Rules 1965 certainly provide that on conviction an employee can be dismissed/removed/reduced in rank, without conducting any enquiry, but it cannot be construed that every such conviction shall be followed by...

Post Graduate Degree From Open University Without Undergoing Basic Degree Course Is Not Valid: Supreme Court

The Supreme Court recently reiterated that a candidate who obtained post graduate degree from an open university without undergoing the basic degree course is not valid.A Bench of Justices Hrishikesh Roy and Sanjay Karol noted that whether a post graduate degree obtained from Open University without undergoing the basic graduation course is acceptable was already answered in another judgement...

[Domestic Violence Act] Court Can Order Husband To Pay Wife Monetary Expenses In Lieu Of Shared House: Karnataka High Court

The Karnataka High Court recently modified an order passed by the Trial court which directed a woman be paid Rs.6,000 as monthly maintenance and a room be given to her for living in the shared house of the estranged husband.A single judge bench of Justice V Srishananda allowed the memo filed by the estranged husband who undertook to pay maintenance amount of Rs.6,000 per month and also pay...

Section 313 CrPC - Written Statement Of Accused Has To Be Considered In The Light Of Prosecution Evidence : Supreme Court

The Supreme, recently, observed that once a written statement is filed by the accused under Section 313(5) of the Code of Criminal Procedure, 1973 and the Trial Court marks it as exhibit, such statement must be treated as part of the statement of the accused under Section 313(1) read with Section 313(4) Cr.P.C."The written statement(under Section 313(5)) has to be considered in the light of...

Supreme Court Monthly Digest February 2023

SUBJECT WISE INDEXAdultery"It is not as if this court approved of adultery": Supreme Court clarifies 'Joseph Shine' judgment that declared Section 497 IPC unconstitutional. Joseph Shine v. Union of India, 2023 LiveLaw (SC) 117Armed Forces Personnel liable to face disciplinary action for adultery despite striking down of Section 497 IPC. Joseph Shine v. Union of India, 2023 LiveLaw...

Karnataka High Court Grants Interim Anticipatory Bail to BJP Leader Madal Virupakshappa In Bribery Case

The Karnataka High Court on Tuesday granted interim anticipatory bail to BJP Leader Madal Virupakshappa in a bribery case.Justice K Natarajan granted the interim protection to Virupakshappa on the condition of furnishing a personal bond of Rs 5 lakh. The court directed Virupakshappa to not the enter the office of Karnataka Soaps & Detergents Ltd (KSDL) till further orders. Virupakshappa...

Delhi High Court Stays Trial Court Proceedings In Tajinder Bagga's Defamation Case Against Journalist Swati Chaturvedi

The Delhi High Court on Tuesday stayed the trial court proceedings in a defamation case filed by BJP leader Tajinder Pal Singh Bagga against Journalist Swati Chaturvedi till July 17.Justice Rajnish Bhatnagar issued notice on the plea moved by the journalist challenging the summons issued by the trial court against her in the matter.Bagga filed the case against the journalist seeking action...

Sec 438 CrPC | Can HCs Refuse To Entertain Anticipatory Bail Pleas For Not Exhausting Sessions Court Remedy? Supreme Court To Consider

Last week, the Supreme Court agreed to consider the question of whether a high court could refuse to entertain an application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 on the ground that the applicant did not approach a sessions court first. A division bench of Justices Manoj Misra and Aravind Kumar, while issuing notice on an appeal,...

Mere Intimidation To Silence Kidnapped Child Victim Not Sufficient to Prove Threat To Life & Limb: Supreme Court

Merely intimidating a kidnapped child to stop him from shouting for help did not prove the ingredient of threat resulting in a reasonable apprehension that such person may be hurt or killed as required for sustaining a conviction under Section 364A (kidnapping for ransom, etc.) of the Indian Penal Code, said the Supreme Court last week. A division bench of Justices Sanjay Kishan Kaul...

Marking A Year Since The Inception, Two Novel Initiatives Of The Kerala High Court Legal Services Committee Prove Their Success

Addressing Matrimonial Woes – The Family Counselling Centre (FCC)On March 15, 2023, the Family Counselling Centre, which is the first of its kind in the country, would mark one year since its functioning. The FCC, which is a facility under the aegis of Kerala High Court Legal Services Committee (KHCLSC), had been formally inaugurated by the Chief Justice, High Court of Kerala S. Manikumar,...

Supreme Court Criminal Digest February 2023

Code of Criminal Procedure 1973; Section 432 – Remission - In determining the entitlement of a convict for premature release, the policy of the State Government on the date of the conviction would have to be the determinative factor. However, if the policy which was prevalent on the date of the conviction is subsequently liberalised to provide more beneficial terms, those should also be...

Supreme Court Upholds 'Change In Law' Compensation For Adani Power; Flays State DISCOMs For Taking A Stand Contrary To Union Govt

The Supreme Court has criticised the DISCOMS (Distribution Companies) for taking a stand contrary to that of the Union of India regarding grant of "Change in Law" compensation to power production companies.The Court made this observation while dismissing a petition filed by Maharashtra State Electricity Distribution Company Limited challenging the ‘Change in Law’ compensation granted by...