Supreme Court Grants Bail To Handicapped Accused Who Was Undetrial For 4 Years In NDPS & MCOCA Case

Taking into consideration the physical condition of a handicapped person with jaipur foot who had lost about 12 kgs of weight, the Supreme Court recently granted bail to an accused charged under NDPS Act, 1985 and Maharashtra Control of Organised Crime Act, 1999 ('MCOCAct').The bench of Justices SK Kaul and MM Sundresh while granting bail in their order said, "In view of the aforesaid facts...

Pre-Trial Detention Impacts Right Of Accused To Defend Himself, Affects Fair Trial Guaranteed Under Article 21: Delhi High Court

Noting that the consequences of pre-trial detention are grave in nature, the Delhi High Court has observed that keeping an undertrial in custody would impact his right to defend himself during trial and that he will be clearly denied the right to a fair trial which is guaranteed under Article 21 of the Constitution. Justice Chandra Dhari Singh made the observation while granting bail to...

'Raise Retirement Age Of High Court/ Supreme Court Judges': DMK MP Wilson In Parliament

Senior Advocate and DMK's Rajya Sabha MP P. Wilson has espoused the cause of raising the retirement age of High Court and Supreme Court judges.In his zero hour speech, the DMK MP voiced the opinion that the retirement age of High Court judges must be raised from 62 to 65 years, whereas the retirement age of Supreme Court judges must be raised from 65 to 70 years.According to Wilson, it has...

[Matrimonial Dispute] Can't Quash FIR On The Ground That Probe Officer Didn't Conduct Preliminary Enquiry: Allahabad HC

The Allahabad High Court has observed that Conducting or not conducting preliminary enquiry is the domain of Investigating Officer on which basis, F.I.R. cannot be quashed. The Bench of Justice Anil Kumar Ojha observed thus while hearing a 482 CrPC plea filed by the Husband, father-in-law, and mother-in-law of the victim, Seema seeking to quash the entire criminal proceedings arising out of...

Award Of Lok Adalat Can Only Be Challenged In Writ Petition Under Article 226 & 227: Gauhati High Court

The Gauhati High Court, while hearing an appeal against a judgment of a Civil Court, has held that agreement of settlement arrived at Lok Adalat is deemed a decree of a civil court and as such it is binding upon the parties.It further held that no appeal lies against it to any court and if any party wants to challenge such an award based on settlement, it can be done only by filing a...

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Person Can't Be Prosecuted For Abetment Of Suicide Merely Because Complainant Was Embarrassed About Being Beaten Up Publicly: Andhra Pradesh HC

In a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973, the Andhra Pradesh High Court quashed the FIR with respect to offences punishable under Sections 306 read with 116 of the Indian Penal Code by holding that merely because the victim felt embarrassed on being beaten in public and took a hasty decision to commit suicide, the Petitioner cannot be...

Declaration Proving 'Single' Status Of OCI Acceptable For Marriage Registration If Foreign Embassy Does Not Issue Bachelorhood Certificate: Kerala HC

No one can be compelled to achieve an impossible task, the Court observed.

Grievance About Fixation Of Stamp Duty Is Beyond Jurisdiction Of Trial Court: Andhra Pradesh High Court

The Andhra Pradesh Court recently ruled that the any grievance relating to fixation of stamp duty and penalty would only be a revision before the Chief Controlling Revenue Authority under the Indian Stamp Act, 1899 and the trial court would have no role in the fixation of the stamp duty or penalty. The respondent had filed suit against the petitioner for eviction and recovery of...

Adversely Affect Young Generation: Madhya Pradesh High Court Denies Bail To Accused Under NDPS Act In Custody For Almost A Year

The Madhya Pradesh High Court recently rejected the second bail application moved by accused under the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985 along with M.P. Drugs Controls Act, 1949 on the ground that cases of drug abuse are on the rise, which is adversely affecting the young generation.It also made reference to the effects of organized activities...

'Victimised For Fair & Genuine News Reporting': MediaOne Moves Appeal Before Kerala High Court Against Centre's Ban

The recent trend is alarming as it chokes the freedom of press and right to speech, reads the appeal.

Karnataka HC Seeks Suggestions For Reforming Administration Via Use Of Modern Technology, Reduction In Paper Work

The Karnataka High Court has constituted a Committee to suggest "Reforms in Administration with Special reference to use of Modern Technology and emphasis on reducing paper work". The circular issued by the registrar (Administration) states that, "The Hon'ble Committee has taken up the work to suggest changes and reforms. The General Public and more particularly, the learned...