'Maharashtra Is A Pioneer In Tackling Covid-19': Bombay High Court

The Maharashtra Government was a pioneer in tackling the Covid-19 situation during the second wave, the Bombay High Court observed while disposing of two PILs filed during the pandemic. The bench of Chief Justice Dipankar Datta and Justice M S Karnik further observed that Maharashtra is one of the few states where physical court hearings have started and expressed hope for the coming...

Mere Recovery Of Stridhan Can't Be Sole Ground For Arresting A Person For Offences U/S 498A, 406 IPC: Delhi High Court

The Delhi High Court has observed that the mere fact that recovery of Istridhan is to be made from a person cannot be the sole ground for arresting him for offences under Sections 498-A (related to dowry demand) and 406 (criminal breach of trust) of the IPC.Justice Subramonium Prasad observed that in such cases, police are empowered under CrPC to conduct searches of premises of...

Ingredients Necessary To Prove Charges Under Section 409, 420 & 477A IPC: Supreme Court Explains

In a judgment delivered on Monday ( 13 December 2021), the Supreme Court explained the ingredients necessary to prove a charge under Section 409, 420 and 477A of the Indian Penal Code.The bench comprising CJI NV Ramana, Surya Kant and Hima Kohli made these observations while allowing appeal filed by an accused who was concurrently convicted under Sections 409, 420, and 477A of the Indian...

Delhi Riots: HC Denies Bail To Two Men Accused Of Being Part Of Mob That Killed Muslim Men, Says Possibility Of Them Threatening Sole Public Witness

The Delhi High Court has denied bail to two men namely Ajay and Shubham accused of killing four Muslim men during the North East Delhi riots which took place in the national capital last year observing that there was a possibility of them threatening the sole public witness in the matter. Taking note of the fact that the two were in custody since April last year, Justice Subramonium...

Don't Delay The Process Of Identification Of Children In Streets, Supreme Court Directs States

On Monday, in a suo moto matter regarding the plight of the Children in Street Situation ("CiSS") across the country, the Supreme Court directed the State Governments and the Union Territories to complete the identification process without any delay. The Apex Court clarified that the State Governments and the Union Territories need not wait for any further direction from National...

Rajya Sabha Discusses Lack Of Social Diversity In Judiciary, Issue Of Post-Retirement Jobs Of Judges

While considering the Supreme Court and High Courts (Salary and Conditions of Service) Amendment Bill, 2021, members of the Rajya Sabha raised the issues of lack of social diversity in the judges of higher judiciary, post-retirement appointments, lack of transparency in the appointment of judges and the need to re-introduce National Judicial Appointments Commission. The members...

Supreme Court Upholds Selection Of Candidate Suffering From Bipolar Affective Disorder To Delhi Judicial Services Under PwD Category

The Supreme Court of India has upheld the selection of a candidate suffering from Bipolar Affective Disorder to Delhi Judicial Service 2018 under the category of persons with disabilities, whose candidature was rejected on account of his mental disability not being found permanent in nature. A Bench comprising Justice SK Kaul and Justice MM Sundresh has issued the direction after perusing...

Delhi HC Denies Anticipatory Bail To Project Promoter For Misappropriating, Siphoning Off Funds Collected From Homebuyers; Withdraws Interim Protection

The Delhi High Court on Monday denied anticipatory bail to a construction project promoter in the two FIRs registered over misappropriation and siphoning off of funds collected from homebuyers by the company. The Court also withdrew the interim protection granted to the promoter.Siddharth Chauhan, Managing Director of M/s Sidhartha Buildhome Pvt. Ltd, had filed two anticipatory bail...

Tender Inviting Authority Best Judge Of Tender Requirements: Madras High Court

Madras High Court has recently dismissed a petition challenging the rejection of a bid in a tender process for operartion of a few amenities in Chennai Airport and seeking directions for floating a fresh E-tender. A single-judge bench of Justice M Dhandapani held that the court cannot interfere in the administrative decision of the award of tender, when the process of inviting tenders...

Supreme Court Commutes Death Sentence in a Triple Murder Case

Supreme Court has recently commuted the death penalty awarded to a man convicted for triple murder.A bench comprising of Justice B.V. Nagarathna, Justice L. Nageshwar Rao, Justice B.R. Gavai was considering an appeal filed by the convict against the Madhya Pradesh High Court Judgment sentencing him to death by affirming the death sentence passed by the trial Court for the offenses...

Presents Gifted By Parents For Daughter's Welfare Not Dowry: Kerala High Court

In a significant judgment, the Kerala High Court has ruled that presents given to the bride at the time of her marriage for her welfare will not count as dowry under the ambit of Dowry Prohibition Act, 1961.Allowing a petition filed by an aggrieved husband, Justice M.R. Anitha observed:"...presents given at the time of marriage to the bride without any demand having made in that behalf and...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-94]

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