Plea Bargaining: A Look At What Was And What Should Be

The concept of Plea Bargaining which originated in the United States, today exists in most countries having robust crime prevention systems. It has been touted as an important mechanism to bring equilibrium between committing an offence and the subsequent punishment that offence demands. In addition to this, Plea bargaining also reduces the burden on courts significantly and this is...

Filling Of Claim Before IRP Does Not Absolve Director From Liability Under Settlement Decree Signed In Personal Capacity: Delhi High Court

The Delhi High Court recently observed that filling of claim before Interim Resolution Professional ('IRP') does not absolve the Director from his liability under a Decree when he is party in person as well. The Petitioner, Managing Director of company Shree Shyam Pulp and Board Mills Ltd. had signed a Settlement Agreement where he and the Company were jointly described as "the...

UPSC Civil Services Exam : Supreme Court Refuses To Entertain Plea To Quash Select List For Violating 50% Reservation Limit

The Supreme Court on Friday refused to entertain a writ petition filed by a civil service exam candidate seeking to quash the final selection list for Union Public Services Commission(UPSC) Civil Services Examination 2020 to the extent it violates the 50% reservation ceiling.The petitioner, Nitish Shankar, who had appeared in the 2020 civil services exam, argued that by implementing...

'Can't Be Mute Spectator': Madras HC Orders Action Against Revenue Officials Mutating Records To Give Legal Colour To Encroachment Of Water Bodies

While dismissing a petition challenging disconnection of electricity service in business premises, the Madras High Court has harshly criticized the revenue and electricity officials conniving with illegal occupants of waterbodies and Government Puramboke lands. Justice S.M Subramaniam opined that the case at hand is a classic example of connivance between occupants and...

Kerala High Court To Hold Special Physical Hearing Tomorrow For Dileep's Pre-Arrest Bail Plea

The Kerala High Court on Friday decided to hear Malayalam actor Dileep's anticipatory bail plea on Saturday in physical court.The developments ensued in the anticipatory bail plea filed by the actor in the case registered by the Kerala Police where he has been booked for allegedly conspiring to kill police officers investigating the sensational 2017 sexual assault case. Concurrently, Dileep...

Justice Nageswara Rao Recuses From Tarun Tejpal's Plea Seeking In-Camera Hearing Of Rape Case Appeal In HC

Supreme Court judge Justice L Nageswara Rao on Friday recused from hearing the special leave petition filed by journalist Tarun Tejpal challenging the order passed by Bombay High Court(Goa Bench) rejecting his application moved under Section 327 CrPC for conducting hearings in-camera in the appeal proceedings against his acquittal in a 2013 rape case.Justice Nageswara Rao told the...

Can't Media Houses Comment On Each Other's Work & Keep Free Speech In Check? Newslaundry To Delhi High Court In TV Today's Suit

The Delhi High Court on Thursday continued hearing the suit filed by TV Today against news portal Newslaundry, it's CEO Abhinandan Sekhri and others, seeking damages of Rs. 2 crores for copyright infringement and defamation of its anchors, management and employees. Senior Advocate Saurabh Kripal appearing for Newslaundary reiterated the issue of maintainability and argued that...

Reservation Not At Odds With Merit; Individual Calibre Trascends Performance In Exams : Supreme Court

The Supreme Court on Thursday ruled that merit should be socially contextualised and reconceptualised as an instrument that advances social goods like equality that we as a society value, and that in this context, reservation is not at odds with merit but furthers the distributive consequences of social justice."Merit cannot be reduced to narrow definitions of performance in an open...

Plea Taken By Defendant In Written Statements Wholly Irrelevant While Considering Application Under OVII R11 CPC: Madhya Pradesh High Court

Deciding a civil revision against the order of a civil court, the Madhya Pradesh High Court has held that rejecting an application preferred under Order VII Rule 11 CPC would be illegal if the court sought for written statements of the defendant rather than deciding the same on averments in the plaint. Justice Anil Verma observed,"For the purposes of deciding an application under...

Maoist Threat In Locality Valid Reason To Deny NOC For Explosive Licence : Kerala High Court

The Kerala High Court has held that the presence of a Maoist threat in a locality is a sound reason to deny a No Objection Certificate (NOC) for an explosive license. It was also held that the fact that there is an Anganwadi or a PWD road nearby is also sufficient for such rejection. Justice N. Nagaresh while dismissing a petition challenging the decision of a Magistrate observed as...

RFCTLARR Act Not Applicable To Acquisitions Under Bangalore Development Authority Act; LA Act 1894 Act Applies: Supreme Court

The Supreme Court held that the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 Act are not applicable for the acquisitions made under the Bangalore Development Authority Act.The bench comprising Justices S. Abdul Nazeer and Sanjiv Khanna observed that the Land Acquisition Act, 1894, continue to apply for...

Bombay High Court Expresses Concerns Over Lack Of Mobile Internet Connection In 829 Tribal Villages In Maharashtra

The Bombay High Court's Nagpur bench expressed anguish over the absence of mobile internet technology in at least 829 villages in Gadchiroli district of Maharashtra, making it impossible for children to attend virtual classes during the Covid-19 pandemic. "If this is the situation prevailing there, one can very well imagine as to what would happen to the future of the next...