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To Invoke Section 319 CrPC, More Than A Prima Facie Case As Exercised At Charge-Framing Stage Needed : Supreme Court
The Supreme Court reiterated that the power under Section 319 of the Code of Criminal Procedure is a discretionary and extraordinary power which should be exercised sparingly."The crucial test to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted,...
Women Judges Bring A Unique Gender Perspective To Adjudication : Justice Hima Kohli
"Women judges validate the judicial system and their inclusion in large numbers is a palpable realisation of the constitutional codes."On Thursday, the Supreme Court commemorated the first ever 'International Day of Women Judges'. The event was organised by the Supreme Court Registry and graced by the presence of CJI, N.V. Ramana, Justices Hima Kohli, B.V. Nagarathna, Indira banerjee...
'Transgender Prisoners Face Gender Discrimination': PIL In Patna High Court Seeks Separate Lock Ups, State To File Response
The Patna High Court has sought state's response in a public interest litigation seeking to create separate lock ups for transgender persons in all police stations of the state of Bihar. The public interest litigation has been filed by a non-governmental organisation, namely Legal Aid Work (LAW) Foundation. A division bench of Chief Justice Sanjay Karol and Justice Mohit Kumar...
Sedition Case: Sharjeel Imam Moves Delhi High Court Challenging Charges Framed In Anti-CAA Speeches Case
Sharjeel Imam has moved the Delhi High Court challenging a Trial Court order framing charges against him in a case relating to the alleged inflammatory speeches made by him in Aligarh Muslim University and Jamia area in Delhi against the Citizenship Amendment Act.The matter will be heard tomorrow by a bench comprising of Justice Siddharth Mridul and Justice Anoop Kumar...
Equality Of Women's Status More In Books Than In Actual Practice : Justice Indira Banerjee
Speaking at a virtual event organised by the Supreme Court to celebrate the International Day of Women Judges, Supreme Court Judge Justice Indira Banerjee on Thursday said that the Indian Constitution mandates elimination of discrimination against Women, but the ground reality is that equality of status is more in books than in actual practice.Justice Banerjee said that today women are...
Aggravated Contempt: Supreme Court Directs Contemnors Who Re-possessed Property By Breaking Open Lock Violating SC Order To Keep In Civil Prison For 6 Months
In a matter related to contempt of Court's order, the Supreme Court recently directed for keeping the contemnors who irrespective of Court's order re-possessed the property by breaking open the locks in civil prison for 6 months for their conduct. The bench of Justices SK Kaul and MM Sundresh was considering a contempt petition against the Top Court's order dated February 21, 2022, of...
In Dispute Between The Husband And Wife Under DV Act, Landlord Who Entitled To Decree Of Eviction Should Not Be Made To Suffer: Supreme Court
The Supreme Court has observed that in a dispute between the husband and wife under the Domestic Violence Act, the landlord, who otherwise is entitled to the decree of eviction should not be made to suffer.The bench of Justices MR Shah and BV Nagarathna was considering SLP assailing Delhi High Court's order dated May 13, 2021 ("impugned judgment").In the impugned judgment, the High Court...
'Indian Values Being Eroded With Adoption Of Western Culture': Calcutta HC Orders Daughter To Pay Maintenance To Parents, Provide Accommodation
The Calcutta High Court on Wednesday directed a daughter to allow her aged parents to reside with her in a residential flat which had been gifted to her by her parents and further restrained her from alienating the disputed flat during the life time of both her parents.She was also ordered to pay a monthly maintenance of Rs 10,000 to meet the basic needs and medical expenses of her aged...
Mental Health In Armed Forces: PIL Before Supreme Court Seeks Directions For Mental Health Assessment In Central Armed Police Forces
In the backdrop of recent incidents of shootouts and suicides within various Central Armed Police Forces, a PIL has been filed before the Supreme Court of India seeking directions to all the CAPFs to periodically carry out specific mental health assessment of all personnel in the Forces to ensure their physical and mental fitness while on duty. The Petitioners who are retired members of...
Kalkaji Temple Redevelopment: Delhi High Court Asks State To Consider Providing Alternate Accommodation To Evicted Jhuggi Dwellers
The Delhi High Court has observed that wherein a land is being used for public purposes, if occupants of jhuggis or slums are evicted, it is the State's objective to provide them alternative accommodation after conduct of requisite surveys and collection of data.Justice Pratibha M Singh reiterated the said observation while dealing with a bunch of pleas concerning the aspect of maintenance...
Contempt Jurisdiction Would Not Cease Merely Because Order Is Executable : Supreme Court
The Supreme Court observed that the jurisdiction of a Court under the Contempt of Courts Act would not cease, merely because the order or decree of which contempt is alleged, is executable."Questions as to executability of such order is a question which concerns the parties inter-se. The power of the Court to invoke contempt jurisdiction, is not, in any way, altered by the rights of the...