Marital Rape : Amicus Curiae In Delhi High Court Supports Striking Down Of Exception To Section 375 IPC

The Delhi High Court on Wednesday 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, provided the wife is above 15 years of age.Senior Advocate Rajshekhar Rao, appearing as amicus curiae in the matter, told a bench comprising of Justice...

Pune Court Grants Pre-Arrest Bail To Hindutva Leader Milind Ekbote & 3 Others In Hate Speech Case

Less than a week after self-proclaimed religious guru Kalicharan Maharaj was granted bail in a case of hate speech, four other accused in the case have been granted anticipatory bail by a Sessions Court in Pune.While the detailed order is yet to be released, the court has allowed anticipatory bail applications of four other accused, including right-wing activist Milind Ekbote, for Rs. 25,000...

Covid-19: Delhi High Court, District Courts To Continue Functioning Through Virtual Mode Till February 11

The Delhi High Court and the District Courts will continue to function through virtual mode till February 12, 2022. The office order comes in continuation of the earlier order issued on December 30, 2021 which said that the High Court and district courts will function through virtual mode only with effect from January 3 to January 15, 2022. The courts of Registrar and Joint Registrar...

PM Security Lapse : SCBA Requests Justice Indu Malhotra Committee To Probe Anonymous Threat Calls To Advocates

The Supreme Court Bar Association has written to Justice Indu Malhotra, Chairperson of the Enquiry Committee constituted to inquire into the lapse in security of the Prime Minister during his recent visit to Punjab, seeking an enquiry into the anonymous 'threat calls' received by AORs in relation to the case.The Association through its letter has urged the Committee to enquire into the...

Kerala High Court Strikes Down Rules 9(4A) and 9(4C) Of Municipality Rules On Property Tax Fixation

The Kerala High Court has set aside Rules 9(4A) and 9(4C) of the Kerala Municipality (Property Tax, Service Tax and Surcharge) Rules which prescribe fixation of property tax at a minimum of 25% over and above the tax levied for the previous year, if the property tax arrived at on computation as per the Rules is less than the tax levied for the previous year.Justice N. Nagaresh pointed out...

Once Land Acquisition Proceedings Lapse Under Section 24(2) RFCTLARR Act, Owner Cannot Seek Release Of Land Under Section 48 Of 1894 Act : Supreme Court

The Supreme Court has observed that once the High Court has passed an order of lapsing acquisition proceedings by virtue of Section 24(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("Act"), landowners cannot revert back on the plea that they are entitled to seek release of land in terms of Section 48 of the Land Acquisition...

Article 227 - Supervisory Jurisdiction Is Not To Correct Every Error When Final Finding Is Justified : Supreme Court

Supervisory jurisdiction under Article 227 of the Constitution of India is not to correct a legal flaw when the final finding is justified or can be supported, the Supreme Court observed in a judgment delivered on Tuesday (11 Jan 2022).The bench comprising Justices Sanjiv Khanna and Bela M. Trivedi observed that the power under Article 227 is exercised sparingly in appropriate cases, like...

People Depositing Money In Banks Are 'Honest'; Banks Have To Take Responsibility For Cyber Crimes: Allahabad HC

While denying bail to 4 persons accused of fraudulently withdrawing money from the bank account of a retired High Court Judge, the Allahabad High Court today observed that those who deposit money in banks are honest and it is the responsibility of the banks to keep their money safe 'at any cost'.The Bench of Justice Shekhar Yadav also observed that those people who do not deposit crores of...

Writ Petition By Borrowers Challenging SARFAESI Proceedings Initiated By Private Banks/ARCs Not Maintainable: Supreme Court

The Supreme Court observed that a writ petition challenging proceedings under SARFAESI Act initiated by private banks/Asset Reconstruction Companies is not maintainable."If proceedings are initiated under the SARFAESI Act and/or any proposed action is to be taken and the borrower is aggrieved by any of the actions of the private bank/bank/ARC, borrower has to avail the remedy under the...

Bihar Prohibition Act: "Law Has Created An Impact On Working Of High Court, Judges Busy Hearing Bail Matters": Supreme Court Remarks

The Supreme Court of India on Tuesday orally remarked that the Bihar Prohibition and Excise Act, 2016 has created an impact on functioning of the Patna High Court, delaying the listing of matters since the courts are busy hearing bail matters of those accused under the Act.A Bench comprising CJI NV Ramana, Justice AS Bopanna and Justice Hima Kohli was hearing a batch of special leave...

Demolition Of Illegal Encroachment On Kotputli Road: Rajasthan High Court Orders Status Quo, Directs Local Authority To Pass Reasoned Order

The Rajasthan High Court, Jaipur Bench has directed the Nagar Palika, Kotputli to decide the objections submitted by 25 petitioners pursuant to the notices issued to them for removal of road encroachment.Justice Inderjeet Singh directed the authority to pass reasoned and speaking order within a period 30 days."I deem it just and proper to direct the respondent-Nagar Palika to decide...

'Publicity' Under Garb Of PIL: Madras High Court Dismisses Plea To Keep TASMAC Liquor Shops Closed On Public Holidays

In a plea seeking directions to keep the TASMAC liquor shops closed during public holidays, the Madras High Court has criticized the practice of advocates filing public interest litigations for 'publicity'.The bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu remarked,"We are inclined to dismiss this PIL with costs. We might also restrict you from filing PILs...