[Prevention Of Corruption Act] Private Complaint Against Public Servant Can't Be Forwarded For Investigation Without Sanction: Kerala High Court

The Kerala High Court on Friday reiterated that the requirement of sanction under section 19 of the Prevention of Corruption Act is a prerequisite for presenting private complaint against a public servant alleging the commission of an offence specified in sections 7, 11, 13 and 15 of the Act, for investigation.The Single Judge Bench of Justice Kauser Edappagath, held that in the absence of...

Shiv Sena Case | Election Commission's Decision Lacks Logic, Encourages Defection : PDT Achary

The Election Commission of India's decision to recognise Eknath Shinde's group as the official Shiv Sena lacks logic, opined PDT Achary, former Secretary General of Lok Sabha."When we analyse the Election Commission's decision, we feel that there is a lack of logic in it. Also there is a non-adherence to the criteria laid down by the Supreme Court in Sadiq Ali case", Achary said in an...

Contempt Case: Kerala High Court Directs Issuance Of Non-Bailable Warrant For Arrest Of 'V4 Kochi' President Nipun Cherian

The Kerala High Court on Tuesday directed the issuance of a non-bailable warrant to the District Police Chief, Ernakulam, for the arrest and production of 'V4 Kochi' President Nipun Cherian, against whom a contempt case has been initiated by the court for his statements against a sitting judge of Kerala High Court. Cherian has been asked to be produced before the Court at 10.15 AM...

PIL Against Mandatory Reporting Of Cases Of Consensual Sex Involving Minors Under POCSO Act, Delhi High Court Issues Notice

The Delhi High Court on Tuesday issued notice on a PIL challenging various provisions of Protection of Children from Sexual Offences Act, 2012 requiring mandatory reporting to police or registration of FIR in cases of consensual sex involving minors. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad sought response of Union of India through Ministry of Law...

Justice KM Joseph Inaugurates E-Libraries For 24 Outlying Bar Associations In 16 Districts Of Odisha

Justice KM Jospeh, Judge of the Supreme Court on Monday virtually inaugurated ‘e-Libraries’ for the Bar Associations of 24 outlying stations across 16 districts of the State of Odisha. The event was attended by Chief Justice of the Orissa High Court Dr. Justice S. Muralidhar and Judges of the High Court.In March last year, the High Court had inaugurated 30 e-Libraries for the Bars of all...

‘Judges Suffer In Silence’: Punjab and Haryana Bar Council Condemns Use Of Social Media For Scandalising Judiciary

In an open letter issued Monday, the Chairman of the Punjab and Haryana Bar Council, Suvir Sidhu, condemned the use of social media platforms by some individuals for vilification of judges. Stating that the vilification of the judiciary by making outlandish allegations on public forums obstructs the administration of justice and does not come within the ambit of fair criticism,...

Complete Supreme Court Yearly Digest Part-9

PPayment of Gratuity Act, 1972Payment of Gratuity Act, 1972; Sections 2(e) and 13A - Payment of Gratuity (Amendment) Act, 2009 - Constitutional validity of the amendment to Section 2(e) and insertion of Section 13A upheld - The amendment with retrospective effect is to make the benevolent provisions equally applicable to teachers - It seeks to bring equality and give fair treatment to...

NEET-UG 2022: Delhi High Court Issues Notice On Plea By Candidate With Locomotor Disability For Seat Allocation Under PwD Category

The Delhi High Court on Tuesday issued notice on the plea of a NEET-UG 2022 candidate with 50% locomotor disability, who was declared ineligible for admission due to disability certificate issued by Government Medical College and Hospital in Chandigarh. The petition seeks allocation of a seat against one of the vacant seats under PwD category in MBBS course.A division bench of Chief...

Can’t Expect 100% Efficiency; State Making Efforts: Karnataka High Court Disposes PIL Against Mandatory 'Panic' Button To Avoid Accidental/ Prank Calls

The Karnataka High Court on Tuesday appreciated the efforts taken by the State government in providing Emergency Response Support Systems to address issues raised by citizens who are in need of assistance or in distress.A division bench of Chief Justice Prasanna B Varale and Justice Ashok S Kinagi remarked that the measures are citizen friendly, responsive and efficient. The observation...

Detaining Authority Has Exclusive Responsibility To Formulate Grounds Of Detention, Investigating Agency Can Only Give Inputs: JKL High Court

Quashing a Preventive detention order, the Jammu and Kashmir and Ladakh High Court recently observed that the Investigating agency has no role in the formulation of the grounds of detention of a detenue as the same is a prerogative of the detaining authority.A bench comprising Justice Vinod Chatterji Koul observed, "Detaining authority may get inputs from different agencies,...

Disputed Paternity: When Can Courts Order DNA Test In Matrimonial Cases Involving Allegations Of Adultery? EXPLAINED

Courts in India are witness to bitter matrimonial disputes and the children often become victims in the battles of their own parents. The fact that a child was born during the subsistence of a valid marriage is legally considered a conclusive proof of the “legitimacy” of the child, unless proven otherwise. However, the courts often have to deal with applications questioning the paternity...

Complainant Not Satisfied With Acquittal Can't Institute Proceedings Before Human Rights Commission Alleging Dereliction Of Duty By Police: Karnataka HC

The Karnataka High Court has said initiation of proceedings by a complainant, post acquittal of the accused before the Karnataka State Human Right Commission, against a police officer who investigated the complaint and filed a chargesheet in the case is unsustainable in law.A single judge bench of Justice Jyoti Mulimani made the observation while allowing a petition filed by police...