Gauhati High Court Grants Relief To Assam Resident Whose Deceased Mother Was Declared 'Foreigner' By Ex-Parte Opinion Of Foreigner's Tribunal

The Gauhati High Court on Monday came to the rescue of an Assam resident aggrieved by an ex-parte opinion of the Foreigner's Tribunal, declaring his dead mother a 'foreigner'. The petitioner, Tarapada Namadas, contended that because of such opinion, his legal rights otherwise as a citizen of India are being questioned by some of the authorities. However, finding the opinion to be...

Chain Of Evidence Not Conclusive, Conviction Prima Facie Erroneous: Gujarat HC Suspends Life Sentence Of Former MP's Nephew In RTI Activist Murder Case

The Gujarat High Court on Monday suspended the life sentence imposed by a CBI Court on Pratap @ Shiva Solanki, nephew of former BJP MP Dinu Solanki, in connection with RTI activist Amit Jethva murder case of 2010.The court also released Shiva on conditional bail, pending disposal of criminal appeal before the High Court.RTI Activist Amit Jethva who tried to expose illegal mining activities in...

Twitter Can't Espouse Freedom Of Speech Of Its Users In Absence Of Enabling Statute: Centre Defends Blocking Orders In Karnataka High Court

The Central government on Tuesday opposed the petition filed by Twitter challenging the blocking orders passed by the Government of India. Additional Solicitor General R. Sankaranarayanan appearing for the government questioned the maintainability of the petition filed by the Foreign company. He said,“The petitioner being a foreign company cannot avail any remedy of...

Virginity Test Is Sexist, Can’t Be Performed On Female Accused In The Name Of Finding Truth: Delhi High Court

Calling it a form of “inhuman treatment”, the Delhi High Court on Tuesday held that conducting virginity test on a female detainee or accused under investigation is unconstitutional and in violation of her right to dignity enshrined under Article 21 of the Constitution of India.Justice Swarana Kanta Sharma held that virginity test is “sexist” and violates human right to dignity of...

Bilkis Bano Case : CJI DY Chandrachud Agrees To Constitute Special Bench To Hear Plea Against Premature Release Of Convicts

CJI DY Chandrachud has agreed to constitute a special bench to hear the pleas challenging the order of Gujarat Government allowing premature release of 11 convicts sentenced to life in the Bilkis Bano case for gang rape and murder during 2002 Gujarat Riots.The matter was mentioned by Advocate Shobha Gupta, appearing for Bilkis Bano, before a bench comprising Chief Justice DY Chandrachud,...

Supreme Court To Hear Tomorrow Plea Related To Delhi Municipal Corporation Mayor Polls

The Supreme Court of India decided to list matter concerning the Delhi Mayor polls tomorrow (8th February 2023). The matter was mentioned by Senior Advocate AM Singhvi before a bench comprising Chief Justice DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. At the outset, Dr AM Singhvi submitted–"This is brazen. This is the MCD matter. Hear it on the merits. They have let...

To Err Is Human: Karnataka HC Grants Relief To SC Category Candidate Who Wrongly Submitted KPSC Job Application Under ST Category

The Karnataka High Court has directed the Karnataka Public Service Commision to rectify the error made by a job applicant who had wrongly filled the application form under the Scheduled Tribe category instead of Scheduled Caste to which he belongs and regulate the provisional/final select list in accordance with his merit. A single judge bench of Justice M Nagaprasanna while allowing...

AIBE-XVII- BCI Constitutes Fact Finding Committee To Look Into The Allegations Of Misleading And Cheating Some Candidates

The Bar Council of India (BCI) constituted a Fact Finding Committee to unravel the truth relating to the newspaper reports in Gujarat regional newspapers published on 6th February, regarding the involvement of Advocate Jignesh Joshi and others in misleading and cheating some candidates who appeared for the AIBE-XVII at Rajkot on 5th February 2023. The General Council of the Bar Council of...

BRS MLAs Poaching Case : Telangana Government Approaches Supreme Court Against HC Order Transferring Probe To CBI

Senior Advocate Dushyant Dave, appearing for the State of Telangana, mentioned before the Supreme Court a petition challenging the Telangana High Court's order transferring the probe into a case related to the alleged attempts to poach 4 MLAs of the Bharat Rashtra Samithi (formerly Telangana Rashtra Samithi), to the Central Bureau of Investigation (CBI). The matter was mentioned before a...

Haldwani Evictions| Supreme Court Grants 8 Weeks Time To Railways To Work Out Rehabilitation Solution

In pleas challenging the order of the Uttarakhand High Court directing removal of occupants from lands claimed by the Railways in Haldwani, the Supreme Court, on Tuesday, granted the State and the Railway authorities eight weeks’ time to work out a solution, inter alia, for rehabilitation of the occupants.On the last occasion, while granting stay on the order of the High Court, the...

2019 Jamia Violence: Delhi Police Moves High Court Against Discharge Of Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha & Others

The Delhi Police has moved Delhi High Court challenging the discharge of Sharjeel Imam, Safoora Zargar, Asif Iqbal Tanha and eight others in 2019 Jamia violence case.The police has challenged an order passed by city’s Saket Courts discharging the accused persons after it observed that the police was unable to apprehend “actual perpetrators” and “surely managed to rope them...

Supreme Court Annual Criminal Law Digest 2022

AAnticipatory BailAnticipatory Bail - SLP Against Madras HC Judgment dismissing anticipatory bail with some observations about requirement of custodial interrogation- Dismissed - High Court, after having found no case for grant of pre-arrest bail, has otherwise not given any such direction of mandatory nature - Observations are essentially of the reasons assigned by the High Court in...