Poverty No Justification For Husband To Perpetrate Torture Upon Wife: Calcutta High Court Upholds Conviction For Abetment Of Suicide

The Calcutta High Court has recently observed that poverty even if acute cannot be a justification for a husband to perpetrate torture upon his wife thus compelling her to commit suicide. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi upheld the conviction of the husband for abetment of suicide by observing that the deceased wife named Bimali had been subjected to...

Vaccines Can't Be Mandated Without Evidence That Unvaccinated Persons Pose Health Risk : Prashant Bhushan Argues In Supreme Court

On Wednesday, the Supreme Court began the final hearing in the plea, inter alia, questioning the constitutionality of the vaccine mandates imposed by States, particularly, Delhi, Madhya Pradesh, Maharashtra and Tamil Nadu. On a previous occasion, Advocate, Mr. Prashant Bhushan appearing for the Petitioner, Dr. Jacob Puliyel, a former member of the National Technical Advisory Group of...

PMLA Offences Non-Cognizable In The Sense Local Police Can't Arrest, Says Supreme Court During Hearing

The Supreme Court on Wednesday remarked that the PMLA Act offences are not cognisable only to the extent of the scheme of the Cr. P. C.- that they are cognisable in the sense that arrests can be effected without a warrant by authorities specified in the Act, but they are non-cognisable qua the local police so that arrests cannot be made under the Cr. P. C.The Court was hearing SG Tushar...

Mere Wrong Decision Without Anything More Not Enough To Attract Jurisdiction Under Article 227: Delhi High Court

The Delhi High Court has observed that a mere wrong decision without anything more is not enough to attract the supervisory jurisdiction of High Court under Article 227 of the Constitution of India. "…it may be noted that the power under Article 227 of the Constitution of India being one of judicial superintendence cannot be exercised to upset conclusions, howsoever erroneous they may...

Transgender Persons Self-Identifying As Females Can't Be Clubbed Under Women Quota, Should Be Given Special Reservation : Madras High Court

The Court also held that there can't be inter-se discrimination among transgender persons identifying themselves as "males" and "females".

Supreme Court Expunges HC Observations Against Superintendent, Central Prison, Nagpur

The Supreme Court has expunged the observations made by the Bombay High Court, Nagpur Bench against the Superintendent, Central Prison, Nagpur for filing reply affidavit with incorrect facts in a matter pertaining to rejection of a furlough application of an economic offender. A Bench comprising Justices Ajay Rastogi and A.S. Oka noted the submission of the Superintendent that he...

Prosecution Is Not Required To Prove Its Case Beyond All Iota Of Doubt: Supreme Court

The prosecution is required to prove its case beyond reasonable doubt and not beyond all iota of doubt, remarked the Supreme Court while dismissing a criminal appeal filed by a murder accused.Karan Singh and others were accused of murder of one Brahmapal Singh. The incident happened in April, 1980. On 1st August 1983, the Trial Court convicted the accused persons for murder and sentenced them...

Act Against Govt Teachers Taking Private Tuitions & Other Businesses : Madras High Court

Slamming those government teachers who take private tuition classes for remuneration and do other businesses, Madurai Bench of Madras High Court has issued a slew of directions to prevent government school teachers from flouting the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and Service Rules."The teaching community is concentrating to satisfy their self-needs,...

Mere Filing Of Representation Before Authorities Does Not Extend Limitation Period : Supreme Court

The Supreme Court observed that mere filing of representation before authorities does not extend the period of limitation.If it is found that the writ petitioner is guilty of delay and latches, the High Court should dismiss it at the threshold and ought not to dispose of the writ petition by relegating the writ petitioner to file a representation and/or directing the authority to decide...

Summons Proceedings Can't Be Through CCTV: Delhi High Court Refuses To Quash Summons In GST Fraud Case

The Delhi High Court has refused to quash the summons against a person accused of creating numerous fake firms and availing Input Tax Credit (ITC) fraudulently. The court observed that there should be reasonable apprehension of coercion by the GST Department for 'summons proceedings' to be conducted through CCTV Cameras.The single bench of Justice Rajnish Bhatnagar has refused to quash...

Full Disclosure Of Food Article Being Veg Or Non-Veg Is Fundamental; Rights U/Art. 21, 25 Impacted By What Is Offered On A Platter: Delhi High Court

The Delhi High Court on Wednesday observed that since the right of a person under Article 21 and 25 of the Constitution of India is impacted by what is offered on a platter, it is fundamental that a full and complete disclosure of a food article being vegetarian or non-vegetarian is made a part of consumer awareness. A Bench of Justice Vipin Sanghi and Justice Dinesh Kumar Sharma was dealing...

Kendriya Vidyalayas : Parents Approach High Courts Against 6 Years Minimum Age For Admission

A writ petition has been filed before the Bombay High Court challenging the admission criteria in Kendriya Vidyalayas to the extent that it lays down minimum 6 years of age for admission of a child in Class I. The petitioner is a 5 year old student who has approached the Court through her father Mr Vishnu PS Langawat.A similar petition has also been filed before the Delhi High Court by an...