Conviction With Aid Of Section 149 IPC Unsustainable When Co-Accused Are Acquitted Making Membership Of 'Unlawful Assembly' Less Than 5 And There Are No Unidentified Accused : Supreme Court

The Supreme Court has observed that conviction with the aid of Section 149 of the Indian Penal Code (offence of membership of unlawful assembly) is not sustainable when the co-accused have been acquitted, making the membership of the alleged unlawful assembly less than 5 and there are no unidentified accused in the case. The bench of Justices Ajay Rastogi and AS Oka was considering...

At Home COVID-19 Vaccine Booster Jabs For Senior Citizens: Uttarakhand High Court Directs State

The Uttarakhand High Court has directed the State to give the option to senior citizens to be jabbed with the booster doses of COVID-19 vaccination in their homes. For those unable to travel to the vaccination center, the State shall administer the precaution doses in their homes. The development ensued in an ongoing batch of PILs related to the COVID-19 situation in the State, where...

Karnataka High Court Asks State To Strictly Implement SOP Banning Rallies, Dharnas Amid Covid Surge

The Court was informed that Congress' 10-day padayatra demanding implementation of Mekedatu project is suspended.

Stale Claim Cannot Be Revived By A Representation : Supreme Court Sets Aside HC Direction To Reinstate Employee

Holding that a stale claim cannot be revived by a representation, the Supreme Court has set aside a judgment of the Madhya Pradesh High Court which directed the reinstatement of an employee with back-wages.The Court noted that in an earlier proceeding, the High Court had upheld the termination of the services of the employee for misconduct. Fifteen years later, the employee filed a...

Order Cannot Be Said To Be 'Non-Speaking' If Party Did Not Raise Any Material Ground: Jharkhand High Court

The Jharkhand High Court has recently held that to decide whether an appellate order is speaking or non-speaking, it has to be seen in light of the grounds raised in the appeal and not in isolation. Justice Anubha Rawat Choudhary held that when in appeal the party concerned does not raise any material ground, the order consequently passed cannot be said to be a non-speaking order.The matter...

BREAKING: Calcutta High Court Directs State Election Commission To Consider Postponement Of 4 Civic Polls For 4- 6 Weeks Amid Covid-19 Surge

The Calcutta High Court vide order dated January 13, 2022, directed the State Election Commission to consider postponing the conduct of the upcoming municipal elections in Siliguri, Chandernagore, Bidhannagar and Asansol for a short period of 4 to 6 weeks in the wake of the 'galloping speed with which the COVID cases are increasing' in the State of West Bengal. A decision in this regard has to...

Kerala Court Acquits Former Bishop Franco Mulakkal In Nun Rape Case [Read Judgment]

The Additional District and Sessions Court in Kottayam on Friday acquitted erstwhile Bishop Franco Mulakkal of the Catholic Church in the nun rape case. Additional Sessions Judge G Gopakumar pronounced the highly-anticipated verdict today morning in the presence of Mulakkal. Advocates B Raman Pillai, C.S . Ajayan, Sujesh Menon, Mahesh Banu. Nibu and Akhil represented Mulakkal in the...

Punishment Part Of 'Reintegration Process' With Society: Jharkhand High Court Refuses To Reduce Sentence Of Juvenile Convict

While refusing to reduce the sentence of a man, convicted under Section 304B read with Section 34 of the Indian Penal Code when he was a juvenile, the Jharkhand High Court has observed that one of the prime concerns of the juvenile justice system is to ensure that the delinquent juvenile is also prevented from reoffending, thus the sentence period is a part of the reintegration and thus must...

How NEET-MDS Admissions For 2021-22 Were Carried Out Beyond November 20 Deadline? Supreme Court Asks Karnataka

The Supreme Court on Wednesday required the state of Karnataka to explain the circumstances in which it carried out admissions for PG courses in MDS for the 2021-22 session beyond the deadline of 20 November 2021. The bench of Justices D. Y. Chandrachud and A. S. Bopanna was hearing the writ petition by Maratha Mandals Nathajirao G. Halgekar Institute Of Dental Sciences and Research Centre...

Court Direction To A Parent To Go Abroad With Child While Granting Custody Offends Right To Privacy : Supreme Court

The Supreme Court observed that a court while deciding an issue of child custody cannot direct a parent to leave India and to go abroad with the child."A writ Court while dealing with the issue of habeas corpus cannot direct a parent to leave India and to go abroad with the child. If such orders are passed against the wishes of a parent, it will offend her/his right to privacy", the bench...

Oil Marketing Companies Are State Instrumentalities, Empowered To Regulate Fuel Pumps In Public Interest: Delhi High Court

The Delhi High Court has upheld the power of Oil Marketing Companies (OMCs) to formulate Marketing Discipline Guidelines (MDGs) in public interest, i.e., for the benefit of the consumers as well as to protect the rights of the employees at Retail Outlets (ROs).The Division Bench of Chief Justice DN Patel and Justice Jyoti Singh observed,"MDG is a Guideline issued by the OMCs, Instrumentalities...

Supreme Court Seeks UP Govt Response On Policy For Premature Release Of Prisoners Above 80 Years Old

The Supreme Court of India has issued notice to the Uttar Pradesh Government seeking their response to whether the State has any existing policy to consider the premature release of accused who are 80 years old or above and convicted on long drawn trial. Advocate-on-Record, Mr. P.V. Yogeshwaran appearing on behalf of the Petitioner before a bench comprising the Chief Justice...