Death Due To Alleged Side Effects Of Covid Vaccine: Doctor's Father Files Plea In Bombay HC, Seeks Rs 1,000 Crore Compensation

A petition in the Bombay High Court filed by the father of a medical student seeks Rs 1,000 crore compensation alleging that his daughter died due to side effects of the Covid-19 vaccine.The respondents in the plea include Covishield vaccine manufacturer Serum Institute of India, its partner Bill Gates along with State and Union Authorities.Petitioner Dilip Lunawat claims that his daughter...

Can't Violate Minor's Fundamental Right To Be Educated For Father's Fraudulent Claim Under RTE Act: Allahabad High Court

The Allahabad High Court has observed that a minor's right to be educated can't be violated on account of his/her father's fraudulent claim under the Right of Children to Free and Compulsory Education Act, 2009 (RTE Act). The Bench of Justice Saumitra Dayal Singh was hearing a writ plea moved on behalf of an 8-year-old, Nikhil Upadhyay, whose name had been struck off from the list...

"Cannot Be Detained In Custody Indefinitely": Supreme Court Grants Bail To Man Accused Of Evading GST To Extent Of ₹64 Crore

Noting that a person accused of evading GST to the tune of Rs. 64 crore has undergone a period of almost 50% of the sentence, the Supreme Court on Tuesday granted him bail while observing that detention cannot be indefinite.The bail was granted by the bench of Justices SK Kaul and MM Sundresh while considering a SLP assailing Gujarat High Court's order dated April 26, 2021.While allowing...

Successive FIRs: Gujarat High Court Explains 'Test of Sameness' & 'Test of Consequence'

The Gujarat High Court recently delved into the 'Test of Sameness' and the 'Test of Consequence' that are relevant while determining the legality of a 'second FIR'.Second FIR or successive FIR in respect of the same incident or crime is not permissible in law. However, to determine whether the second impugned FIR is based on the same offence and arises out of a different transaction, the...

Marital Rape Exception Has No Rationale Nexus With Objects Of Constitution, Violates Art. 14: Adv Karuna Nundy To Delhi High Court

The Delhi High Court on Tuesday continued hearing a batch of petitions challenging the exception to Section 375 of the Indian Penal Code, which exempts forceful sexual intercourse by a man with his own wife from the offence of rape.Advocate Karuna Nundy argued before a bench of Justice Rajiv Shakdher and Justice C Hari Shankar that the marital rape exception is archaic, based on an...

"Possibility Of Economic Dealing": Sessions Court Rejects Bail Plea Of BJP MLA Nitesh Rane In Attempt To Murder Case

A Sessions Court at Kankavali, Sindhudurg, has rejected the bail application filed by NItesh Rane, Bhartiya Janata Party's local MLA and Union Minister Narayan Rane's son.The Additional Sessions Judge RB Rote not only rejected the application calling it as premature and therefore not maintainable, but also made a few observations on the merits of the case and said that Rane's...

[Recording Of Testimonies Of Child Witnesses Through VC] NALSA To Pay Rs. 1500 Per Day As Honorarium To Remote Point Co-ordinators : Supreme Court

On Monday (24th January), while hearing the matter pertaining to the virtual recording of testimonies of child victims/witnesses of human trafficking who are required to travel across states or districts to give evidence in Trial Courts, the Supreme Court had asked National Legal Services Authority ("NALSA") to bear the honorarium to be paid to the 'remote point co-ordinators' (RPCs)....

PMLA Interpretation - Accused Has Right To Remain Silent; Can't Be Forced To Cooperate With Investigation: Kapil Sibal In Supreme Court

The accused has a constitutional right to remain silent. This right can't be used against the accused to deny him bail by saying he hasn't cooperated" submitted Sibal challenging the ED's procedure under Section 50 PMLA

99 Culprits Can Escape But One Innocent Shouldn't Be Punished: Allahabad High Court Sets Aside Life Sentence Of Murder Convicts

The Allahabad High Court set aside the life sentence of two murder convicts, including a woman in connection with the murder of a youth in Aligarh's Gandhi Park area while stressing that 99 guilty persons may escape the clutches of law but one innocent shouldn't be punished.The judgment came from the division bench of Justice Arvind Kumar Mishra-I and Justice Vikas Budhwar on a criminal...

Workmen's Compensation Commissioner Last Authority For Deciding Claim On 'Facts'; Appeal Lies Only On 'Substantial Question Of Law': Rajasthan HC

The Rajasthan High Court has held that under the scheme of the Workmen Compensation Act, 1923, the Compensation Commissioner is the last authority to decide any claim on facts. No appeal lies against its order unless a substantial question of law is involved.Justice Anoop Kumar Dhand therefore dismissed an appeal filed by the Insurance Company challenging the order of Commissioner...

Land Acquisition| Proximity To Developed Area Relevant Factor While Determining Market Value For Purpose Of Compensation: Supreme Court

The Supreme Court of India has observed that the market value of a land must be determined keeping in view the various factors including proximity to the developed area and the road etc. and it is not the nature of land alone which is determinative of the market value of the land.A Bench comprising Justice Hemant Gupta and Justice V Ramasubramanian has delivered its order in an appeal filed...

Robbery By Five Persons Or More An Essential Element Of Dacoity: Gujarat High Court

While affirming that the commission of robbery by five or more persons is an essential ingredient of dacoity under Section 391 of IPC, the Gujarat High Court refused to set aside the order of the Sessions Court acquitting the accused persons.A Bench bench comprising Justice SH Vora and Justice Sandeep N Bhatt observed,"According to section 391 of IPC, dacoity is robbery committed by five...