Armed Forces Tribunal Act Excludes Administrative Supervision Of High Court But Not Judicial Superintendence & Jurisdiction U/A 226: Delhi HC

The Delhi High Court has held that while the Armed Forces Tribunal Act, 2007 excludes the administrative supervision of the High Court under Article 227(4) of the Constitution but, it does not exclude the judicial superintendence and jurisdiction under Article 226. A division bench comprising of Justice Manmohan and Justice Navin Chawla was dealing with a bunch of pleas raising the issue as...

Ukraine-Returned Indian Medical Students Have Lost Their Seats: Delhi High Court While Allowing Medical College's Plea To Increase Seats

The Delhi High Court has directed increase in the number of seats in various post graduate and under graduate courses in a medical educational institute being run and managed by Santosh Trust, formerly known as the Maharaji Educational Trust in the city. Taking note of the recent conflict between Ukraine and Russia, Justice Rekha Palli said that several thousand rescued Indian medical...

Section 362 CrPC - Application Seeking Recall Of An Order Maintainable When It Seeks Only A Procedural Review: Supreme Court

The Supreme Court observed that the bar under Section 362 of Criminal Procedure Code does not apply to an application seeking a procedural review.The bench comprising Justices Sanjiv Khanna and Bela M. Trivedi observed thus while upholding an order passed by the Madhya Pradesh High Court which recalled an order passed in a criminal case.In this case, the accused filed a petition under section...

Madras High Court Reserves Orders Regarding Movement Of Vehicles Through Sathyamangalam Tiger Reserve

The Madras High Court has reserved orders in the matter pertaining to the night traffic ban in Sathyamangalam Tiger Reserve. Earlier, the bench comprising of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy had directed the Additional Advocate General J. Ravindran to file an affidavit detailing the alternative routes that can be utilised for movement of traffic...

Rubbing Male Organ On Vagina Or Urethra Over Victim's Underpants Amounts To Rape: Meghalaya High Court

A Division Bench of the Meghalaya High Court comprising of Chief Justice Sanjib Banerjee and Justice W. Diengdoh held that rubbing male organ on the vagina or urethra of prosecutrix despite she wearing her underpants, would still amount to penetration for the purpose of Section 375(b), IPC. "Penetration for the purpose of Section 375 of the Penal Code does not have to be...

PMLA Is A Penal Statute And Enforcement Directorate Officials Are Police Officers: Kapil Sibal Submits Before Supreme Court

The Supreme Court on Tuesday resumed hearing on a string of petitions challenging the constitutional validity of several provisions of the PMLA Act.Senior Advocate Kapil Sibal, for the petitioners, made his rejoinder submissions."The heart of criminal jurisprudence is the fundamental constitutional premise that you cannot start an investigation without information that you record and without...

'Out Of 180 Crore Doses, Only 0.004% Adverse Effects' : Centre Tells Supreme Court In Plea For Vaccine Trial Data

On Tuesday, the Supreme Court continued hearing the submissions in the plea seeking the Court's directions to the Central Government to publicize the data relating to clinical trials and post vaccine efficacy of the COVID vaccines, in consonance with the requirement of the International medical norms. The Petitioner, Dr. Jacob Puliyel, a former member of the National Technical Advisory...

'Averse To Sealed Covers': Supreme Court Agrees To Examine Validity Of 'Sealed Cover' Procedure

In the MediaOne channel ban case, the Supreme Court has expressed its intention to examine the issue relating to the validity of relying on "sealed covers" to adjudicate issues.The Court was referring to the practice of one party of the litigation - mostly the Government side - submitting documents before the bench in 'sealed covers' without sharing the copies to the other side, and the...

'Wakf Board Meddling In Administration Of Nagore Dargah': Ad Hoc Board Of Administrators Files Affidavit Before Madras HC

Nagore Dargah's Ad-Hoc Board of Administrators has filed an affidavit before the Madras High Court stating that they have done everything in the best interests of the Dargah and the Tamil Nadu State Wakf Board has been meddling in the day to day administration of dargah from June 2018."...the counsel for the Tamil Nadu Wakf Board had claimed to represent us though we did not authorize him and...

Lawyer Appears In Court Without Gown, Allahabad High Court Calls It 'Unfortunate'

The Allahabad High Court recently pulled up a Lawyer who appeared in the court without a gown and termed it as 'unfortunate'.The Bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava, however, did not refer the matter to the State Bar Council as it noted that he is a 'young' lawyer."Shri Sandeep, appeared in the Court without gown, this is unfortunate. However, considering the...

Section 125 CrPC Falls Within Constitutional Sweep Of Article 15 (3); It Intends To Protect Women, Children & Infirm Parents: Allahabad HC

The Allahabad High Court has observed that Section 125 Cr.P.C. is enacted for social justice and especially to protect women and children and also old and infirm parents and that this provision falls within the constitutional sweep of Article 15 (3), re-enforced by Article 39 of the Constitution of India. The Bench of Justice Shekhar Kumar Yadav observed thus as it stressed that this...

Testimony Of Interested Witness Has To Be Examined With Extra Care And Caution, Reiterates Allahabad High Court

While stressing that during the trial of a case, the testimonies of the interested witnesses have to be examined with extra care and caution, the Allahabad High Court today dismissed an appeal filed by the informant of the case challenging the acquittal order of the trial court in an attempt to murder case.Finding serious discrepancies in the statements of the interested witnesses in the...