Lakhimpur Kheri - 'Will Poor Prisoners Get Relief If Ashish Mishra Is Also In Jail?': Supreme Court Reserves Judgment On Bail Plea

The Supreme Court on Thursday reserved judgment on the petition filed by Ashish Mishra, son of Union Minister Ajay Mishra, seeking bail in the Lakhimpur Kheri case related to the killing of five persons.A bench comprising Justices Surya Kant and JK Maheshwari, during the hearing which lasted for nearly two hours, expressed inclination to grant bail to Mishra, considering his period of...

[POCSO Act] Special Court Cannot Impose Sentence Lower Than Minimum Punishment Prescribed: Karnataka High Court

The Karnataka High Court has enhanced the sentence of five years imposed by the special court on an accused convicted under the Protection of Children From Sexual Offences (POCSO), Act, observing that when the statute has prescribed a minimum sentence of seven years for the offence punishable, the Special Judge did not have any power whatsoever to reduce minimum sentence to five...

Chhattisgarh HC Expunges Trial Court's 'Adverse' Remark Made Against Probe Officer Sans Affording Her An Opportunity Of Hearing

The Chhattisgarh High Court recently expunged an 'adverse' remark made by the trial court against an investigating officer over a discrepancy in the probe without affording an opportunity of hearing to her, pursuant to which, a departmental enquiry was initiated against her.The bench of Justice Sanjay K. Agrawal and Justice Rakesh Mohan Pandey stressed a judge has a duty to not make unmerited...

Employee Facing Departmental Action Allowed To Engage Advocate For His Defence If Inquiry Officer Is A Legal Expert: Gujarat High Court

In the context of departmental proceedings, the Gujarat High Court has held that a delinquent employee is entitled to engage a counsel for his defence where the inquiry officer himself is a legal expert.Allowing the plea made by one such employee, Justice A.S. Supehia observed,"In the present case, since the Inquiry Officer himself is a City Civil Judge and expert in the legal proceedings,...

‘Has Adverse Impact On Victim’s Psyche’: Delhi High Court Issues Guidelines On Presence Of POCSO Victims During Bail Hearings

The Delhi High Court has issued a slew of directions regarding the presence of POCSO victims during bail hearings, observing that the same has an adverse impact on the psyche of the victim. Justice Jasmeet Singh directed that the victim can be produced virtually before the court, either by the IO or a support person, by way of Video Conferencing or by taking assistance of the District...

Not Allowing Student To Take Board Exams On Ground Of Non Payment Of Fees Violative Of Article 21: Delhi High Court

The Delhi High Court has observed that barring a student from taking examinations on the ground of non-payment of fees would be infringement of rights of a child as guaranteed under Article 21 of the Constitution of India. Justice Mini Pushkarna observed that a child’s future cannot be allowed to be spoiled and blemished by barring him or her from taking examinations, especially at a...

Whether Arbitration Agreement Is Duly Stamped Must Be Left To Arbitrator To Decide : Amicus Curiae Tells Supreme Court

A Constitution Bench of the Supreme Court, on Wednesday, continued hearing submissions made by the Amicus Curiae, Senior Advocate, Mr. Gourab Banerji in a 3-Judge reference which raised the issue - whether the arbitration clause in a contract, which is required to be registered and stamped, but is not registered and stamped, is valid and enforceable.A 5-Judge Bench comprising Justice K.M....

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-IV

Q.16 Is there any exception to the rule that the Magistrate who is competent to try the case or commit the case alone can grant bail ?Ans. Yes. Where a warrant is issued under Section 78 Cr.P.C. for execution outside the jurisdiction of the Magistrate and where the offence is non-bailable, then the CJM or the Sessions Judge within whose limit arrest has been made, can grant bail in view of...

'Shocking That Rajasthan Has Permitted Its Heritage To Be Destroyed' : Supreme Court Forms Panel To Protect Heritage Sites After State's Negligence

The Supreme Court on Wednesday constituted a five member Supervisory Committee for the protection and renovation of several heritage sites in the State of Rajasthan. The top court also appointed Former Chief Justice of the Bombay and Rajasthan High Courts Pradeep Nandrajog as head of the Committee. The bench comprising Justices Sanjay Kishan Kaul, Abhay S. Oka and JB Pardiwala passed...

Journalists Not Exempted From Disclosing Their Sources To Investigating Agencies: Delhi Court

A Delhi Court has observed that there is no statutory exemption to journalists from disclosing their sources to investigating agencies, specially where such disclosure is necessary for aiding and assisting in investigation of a criminal case. Chief Metropolitan Magistrate Anjani Mahajan of Rouse Avenue Courts observed so while rejecting a closure report file by Central Bureau of...

Supreme Court Reserves Judgment In Cardinal Alencherry's Plea To Quash Land Scam Cases; Questions General Directions Issued By HC

The Supreme Court , on Wednesday, reserved its judgement in a Special Leave Petition filed by George Alencherry, the Major Archbishop of Syro-Malabar Church against the judgment delivered by the Kerala High Court in August 2021 which refused to quash the criminal cases over the irregularities in the sale of properties belonging to Ernakulam-Angamalay Archdiocese. Apart from the...

Does Privatisation Of Air India Make Writ Petitions Filed Against It Non-Maintainable? Supreme Court To Consider

The Supreme Court has issued notice in a Special Leave Petition filed by employees of Air India Limited against the judgment and order dated 20-09-2022 of the Bombay High Court which held that Writ Petitions are not maintainable against the airline because of the subsequent privatisation of Air India Limited.The Writ Petitions had arisen out of non-grant of timely wage revisions, stagnation...