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Sedition Not Made Out In Absence Of Incitement Of Disaffection Towards Govt: Karnataka HC Quashes Case Against Police Association Leader
The Karnataka High Court has quashed the case of sedition registered against a dismissed police constable who formed a Police Association namely Akhila Karnataka Police Maha Sangha (Welfare Body) in the year 2016 and was accused of spearheading a movement to instigate the lower rung of the Police force to act against the present elected Government. A single judge bench of Justice...
"Unbelievable That Man Would Take Family Members To Victim's House With A Marriage Proposal & Rape Her": MP High Court Quashes Case
The Madhya Pradesh High Court (Indore bench) recently quashed a rape case instituted against the accused by the victim on the allegation that he established physical relations with her on the false promise to marry her. The bench of Justice Subodh Abhyankar noted that even if it is assumed that the accused had established a physical relationship with the victim, it can't be said that the same...
SCBA President Laments Tendency Of High Court Collegiums To Appoint Only "People They Know" & Not "Best Names"
While delivering his address at the 75th Independence Day celebrations at the Supreme Court premises, on Monday, President of the Supreme Court Bar Association, Mr. Vikas Singh once again raised the issue of High Court Collegiums not considering the lawyers practising in the Supreme Court for elevation as judges. Mr. Singh stated that though initially an admirer of...
PIL Moved In Calcutta High Court Seeking Declaration Of Public Holiday On 2nd July In Honour Of Nawab Siraj-Ud-Daulah
A Public Interest Litigation (PIL) plea has been moved before the Calcutta High Court seeking a direction to the state government to declare a public holiday on July 2 (the day he died) in honor of the martyrdom of the last independent Nawab of Bengal, Mirza Muhammad Siraj-ud-Daulah.The PIL plea moved by one Kousik Ghosh through advocate Saugata Banerjee states that Sirajud-Daulah was one...
Externment Orders Curtail Life & Liberty, Must Be Passed With Due Care & Caution: Rajasthan High Court
The Rajasthan High Court observed that since externment order curtails the life and liberty of a person, the same is required to be passed with due care and caution.Essentially, the present writ petition was filed against the order passed by the Additional District Magistrate (city), Bikaner and the appellate order passed by the Divisional Commissioner, Bikaner, whereby the petitioner...
No Country's Judiciary Has Judges' Workload Like India : Law Minister Kiren Rijiju
The Hon'ble Union Minister for Law & Justice, Mr. Kiren Rijiju was invited as the 'Guest of Honour' at the 75th Independence Day celebrations organised by the SCBA in the Supreme Court Complex. While stating that no country could face the unique set of problems which India faced, he said that while it was easy to pass sweeping comments on the working of the State, it was not easy to hold...
Gender No Criteria To Deny Compassionate Employment: Jharkhand High Court Grants Relief To Married Daughter Of Deceased Employee
The Jharkhand High Court recently granted relief to the married daughter of a deceased employee who was denied compassionate employment by the Jharkhand Urja Vikash Nigam Limited. Justice S. N. Pathak observed that the case is an example where the applicant for compassionate appointment was "discriminated" on the ground of gender. The Petitioner submitted that the impugned...
'Burden Of Proof' Never Shifts Whereas 'Onus Of Proof' Shifts Continuously In Evaluation Of Evidence: Tripura High Court
The Tripura High Court recently explained the difference between 'burden of proof' and 'onus of proof'. Justice T. Amarnath Goud observed that burden of proof lies upon a persons who has to prove a particular fact and it never shifts.The bench added that 'Onus of proof' shifts and such a shifting of onus is a continuous process in the evaluation of evidence. The observation comes in a...
Our Systems Will Truly Belong To The People When We Honour And Cherish Our Diversity: CJI Ramana
Chief Justice of India, N.V. Ramana was invited as the Chief Guest at the 76th Independence Day Celebrations, organised by the Supreme Court Bar Association (SCBA) at the Supreme Court Lawns. CJI Ramana, while speaking about his endeavours of the "Indianisation" of the judiciary stated that the Indian system would truly belong to the people of India when the citizens honoured and cherished...
CJI Ramana Remembers Pingali Venkayya, Designer Of National Flag, In Independence Day Speech
Chief Justice of India NV Ramana paid tributes to Pingali Venkayya, the designer of the national flag, in his independence day speech today."Today I see the tricolour flying high above us. I cannot help but take pride and remember Shri Pingali Venkayya, who is the architect of the national flag, who hails from the Telugu land, who designed the national flag", CJI Ramana, also a Telugu,...
Bombay High Court Weekly Round-Up: 8 August To 14 August, 2022
Nominal Index Sukoon Construction Pvt. Ltd v. The Collector of Stamp & Anr. 2022 LiveLaw (Bom) 280 Smarte Solutions Pvt. Ltd. v. Union of India and Ors. 2022 LiveLaw (Bom) 281 Vasant v. State of Maharashtra and Ors. 2022 LiveLaw (Bom) 282 Kirit Somaiya v. State of Maharashtra 2022 LiveLaw (Bom) 283 Novafor Samuel Inoamaobi Versus The State of Maharashtra 2022 LiveLaw...