Can An Accused Seek To Be Subjected To Narco Analysis Test To Prove His Innocence? Kerala High Court Answers

In a recent judgment, the Kerala High Court has declined to allow the plea of an accused in a POCSO case where he voluntarily submitted to undergo a narco analysis test to prove his innocence in the matter. Observing that even if allowed, the statements obtained through the test are not admissible in law, Justice M.R. Anitha held:"The revelations brought out during Narco Analysis under...

'Victim Of Rape Cannot Be Compelled To Undergo DNA Test': Allahabad High Court In POCSO Case

The Allahabad High Court has recently ruled that a victim of rape cannot be compelled to undergo DNA test to determine the paternity of her child. The Court was adjudicating upon a revision petition challenging the order dated June 25, 2021 of the Additional Sessions Judge, Sultanpur wherein such a DNA test was allowed to be conducted. Justice Sangeeta Chandra observed with dismay that...

[Electricity Act, 2003] Captive Consumers/Captive Users Are Not Liable To Pay Additional Surcharge Under Section 42(4): Supreme Court

The Supreme Court has observed that captive consumers/captive users are not liable to pay the additional surcharge leviable under Section 42(4) of the Electricity Act, 2003 ("Act, 2003").It was also observed that consumers defined u/s 2(15) of the Act, 2003 and the captive consumers are different and distinct and they form a separate class by themselves.The bench of Justices MR Shah and...

Statements Of A 'Large Number' Of Eye Witnesses In Lakhimpur Kheri Incident Yet To Be Recorded: UP Govt Tells Allahabad HC

The Uttar Pradesh Government on Friday told the Allahabad High Court that the statements of a large of eyewitnesses in the Lakhimpur Kheri incident are yet to be recorded and therefore, it sought a further two weeks' time to file its reply on the bail plea filed by Ashish Mishra, the main accused in the case.Accepting the request, the Bench of Justice Karunesh Singh Pawar posted the matter...

Motor Accident Claims - Potential To Earn Can Be Considered To Determine Compensation If There Is No Evidence For Actual Income : Supreme Court

The Supreme Court has held that even if there is no evidence on record of actual income, deceased person's potential to earn can be considered while considering insurance claims in motor accidents matter.The deceased was a computer engineer with a B.Tech degree. While there was evidence on record to show that the deceased was earning Rs.10,000/ month, there was no documentary evidence...

No Proposal To Scrap Sedition Offence Under Section 124A IPC : Centre Tells Lok Sabha

Union Law Minister Kiren Rijiju informed the Lok Sabha by a written reply that there is no proposal to scrap sedition law. The statement was in response to a question posed by MP M.Badruddin Ajmal whether the government was planning to strike down or amend S.124 A of the Indian Penal Code. The MP further sought to know whether there were any observations by the Supreme Court of India...

Recording Wife's Telephonic Conversation Sans Her Knowledge A Clear-Cut Infringement Of Her Privacy: Punjab & Haryana High Court

The Punjab And Haryana High Court recently observed that recording of the telephonic conversation of the wife without her knowledge is a clear-cut infringement of her privacy. With this observation, the Bench of Justice Lisa Gill set aside the order of a Family Court allowing the husband to prove the telephonic conversation between him and his wife in a divorce suit (U/S 13 of...

"Conduct Of HoD Needs To Be Blemish Free": Delhi HC Dismisses Professor's Plea Over Non Appointment As HoD After Sexual Harassment Complaint By Teacher

Observing that the conduct of a Teacher as an HoD need to be blemish-free, the Delhi High Court dismissed a plea by a senior professor of the Delhi University aggrieved over his non appointment as the Head of Chemistry Department after a sexual harassment complaint was made against him by a Teacher."The conduct of a Professor / Teacher as an HoD, who is required to involve himself in...

Whether Service Tax To Be Levied On Card-Issuing Bank For Interchange Fees : Supreme Court Delivers Split Verdict

A Division Bench of the Supreme Court took a divergent view on the issue, whether the card-issuing bank charging an interchange fee for credit card transaction is to be subjected to service tax for the same. Justice K.M. Joseph was of the opinion that the interchange fee is received for the service rendered by the card-issuing banks, hence liable to be subjected to service tax. Justice...

Supreme Court Issues Notice In Plea Filed By A Person Against Whom 95 FIR's Have Been Filed Seeking Consolidation Of Pending Criminal Trial and FIR's

The Supreme Courton Friday issued notice in a writ petition preferred by an accused against whom 95 FIRs have been filed seeking clubbing of all the trials, pending FIR's and its consequent trials in 5 states and bringing them before a Single Court of Law.The bench of Justices LN Rao and BR Gavai also tagged the matter with Prashant Chagan Patil & Ors v. M/S Future Maker Life Care...

Maintenance Of Kalkaji Temple Complex: Delhi High Court Seeks Report On Creation Of Shops, Basic Civic Amenities For Devotees

The Delhi High Court has sought a report on the the creation of shops as well as the basic civic amenities available for devotees inside city's Kalkaji Temple complex. Justice Pratibha M Singh directed the Court appointed architect to submit a comprehensive report after a meeting with administrator, Retired Justice JR Midha on or before 20th December, 2021.The Court also issued directives...

Khori Gaon Demolitions: "Flats To Be Allotted Under Khori Rehabilitation Plan Continue To Be Uninhabitable": Khori Residents Tell Supreme Court

The Supreme Court of India on Friday heard the grievances raised by some Khori residents in relation to the conditions of the flats being allotted under the Rehabilitation Plan for those displaced in the Khori Gaon demolitions. A Bench comprising Justice AM Khanwilkar and Justice Dinesh Maheshwari was hearing a batch of pleas filed in relation to demolition of structures that has been planned...