Supreme Court Monthly Digest: October 2021 [Citation: LL 2021 SC 525 To LL 2021 SC 616]

1. Forcing Party To Undergo DNA Test Against Will Impinge On Personal Liberty & Right To Privacy[Case: Ashok Kumar v. Raj Gupta and others; Citation: LL 2021 SC 525]The Supreme Court observed that forcing an unwilling party to undergo DNA test impinges on personal liberty and right to privacy. A bench comprising Justices R Subhash Reddy and Hrishikesh Roy. "observed, "In circumstances...

Kerala High Court Advocates' Association Election Results Published; Adv. Rajesh Vijayan President

The Kerala High Court Advocate's Association has declared the results of its election. Advocate Rajesh Vijayan has been elected as the new President and Advocate Santhosh Peter as the Vice President for the year 2022. ResultsPresident: Advocate Rajesh VijayanVice President: Advocate Santhosh PeterVice President (Lady Reservation): Advocate Rajani K.NSecretary: Advocate Anand K....

100 Major Supreme Court Judgments Of 2021 [Part 2, Judgments 53-75]

This is the second part of the article. The first part covered 52 judgments delivered from January to June. This part includes judgments(53-75) delivered from July to October. The third part will cover judgments (76-100) from October to December. Read the first part here and the third part here.53. 'Delhi Can Ill-Afford Another Riots; Role Of Facebook Must Be Looked Into': Supreme Court...

Section 482 CrPC - High Court Can't Pass Adverse Orders Or Observations Against Third Party Who Is Not Before It : Supreme Court

The Supreme Court has recently observed that the High Court in a petition for quashing filed by the accused u/s 482 CrPC cannot issue directions for proceeding against a third party who was neither before the Court and nor was given any opportunity before passing the order.The bench of Justices AM Khanwilkar and CT Ravikumar was considering a special leave petition assailing Punjab and...

"Reversal Of Acquittal Is Permissible Only If Trial Court's View Is Not Only Erroneous But Also Unreliable & Perverse" Supreme Court Reiterates

In a matter of reversal of Trial Court's acquittal order by the High Court, the Supreme Court of India has reiterated that the reversal of acquittal is permissible only if the view of the Trial Court is not only erroneous but also unreasonable and perverse.A Bench comprising Justice Vineet Saran and Justice Aniruddha Bose made the observation in a criminal appeal filed against Calcutta...

'Remand Can Never Be Made For The Asking': Madras HC Appreciates Magistrate For Refusing Remand In Case Over FB Post

"Requests for remand must be decided on the touchstone of Section 41 of Cr.Pc and Article 21 of the Constitution"

Delhi Riots: Court Unhappy Over Pendency Of Case For 18 Months, Says Unable To Commit It To Sessions Court Given 'Lackadaisical Attitude' Of Police

Expressing it's unhappiness over pendency of a case concerning the North East Delhi riots since June last year, a Delhi Court on Monday remarked that it was not able to commit the matter to the concerned Sessions Court due to "lackadaisical attitude" of the Crime Branch police officials and non appearance of the SPP representing the State. Chief Metropolitan Magistrate Arun Kumar Garg was...

'Intersectional Discrimination': Madras HC Lays Down Guidelines For Fair Treatment Of Disabled Women Athletes, Condemns 'Romantic Paternalism'

"Disabled women struggle with both the oppression of being women in male-dominated societies and the oppression of being disabled in societies dominated by the able-bodied", Madras High Court quotes Author Susan Wendell in the beginning of the order.

'Reasonable Restriction' : Bombay HC Upholds COVID Test Mandate For Employees Refusing Vaccination

The Bombay High Court has upheld a circular issued by the Mumbai Port Trust (MPT) mandating RT-PCR tests every 10 days for unvaccinated employees. The Court held the test mandate was a reasonable restriction on their fundamental rights. The court observed that those avoiding the covid jab are placing themselves at a higher risk of contracting and transmitting the virus. "While...

Police Brutality In Stations Will Stop If CCTV Cameras Are Installed: Kerala High Court While Hearing Case Where Man was Cuffed To Handrails

The Kerala High Court on Tuesday observed that brutality in police stations will come to a close once functional CCTV cameras are installed in its premises, particularly inside the cells.Justice Devan Ramachandran was adjudicating upon an incident where a Dalit man was handcuffed to the handrail of the Police Station merely for asking for the receipt of a complaint he had preferred before...

Information And Broadcasting Ministry Invokes IT Rules, 2021 To Block Two Pak YouTube Channels And Two Websites For Spreading Anti-India Propaganda

On Monday, the Information and Broadcasting Ministry invoked Rule 16 of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Rules") and issued directions to block 20 YouTube channels and two websites that it claimed had indulged in spreading "anti-India propaganda and fake news". In a statement made on Tuesday, the Ministry said that it...

'Vulgarity During Court Proceedings': Madras HC Initiates Contempt Action Against Lawyer

In the aftermath of video clippings of one of the lawyers logged in the virtual court engaging in eroticism with a woman went viral, Madras High Court has registered a suo motu criminal contempt proceedings. About the incident that occurred in the court of Justice G.K Ilanthiraiyan, a Division bench of Justice P.N. Prakash and Justice R. Hemalatha noted: "This Court cannot afford...