S. 311 CrPC- Party Seeking Expert's Attendance Needs To Plead With Accuracy & Precision Why He/She Must Be Summoned: MP High Court

The Madhya Pradesh High Court (Indore Bench) recently ruled that a party seeking a scientific expert's attendance under Section 311 of CrPC needs to plead with accuracy and precision as to why the expert witness must be summoned before the court. This assertion came from the Bench of Justice Sujoy Paul and Justice Pranay Verma as it stressed that for invoking power under Section 311...

NDPS Act : Are 'Confessional' Statements Given Under Section 67 Admissible In Evidence?

Recently, a Special NDPS Court has rejected the bail application of Aryan Khan by holding that he was in "conscious possession" of the drugs found with Accused No.2- Arbaaz Merchant. The order held that -"in their voluntary statements both of them disclosed that they were possessing said substance for their consumption and for enjoyment. Thus, all these things show that accused no.1 was...

Requirement To File Certificate Of A Senior Advocate Along With Curative Petition Mandatory: Supreme Court

The Supreme Court observed that filing of certificate of a Senior Advocate along with curative petition is a mandatory requirement.In this case, instead of filing the requisite certificate from a Senior Advocate, the petitioner, a convict, filed an application for exemption from filing the said certificate. Taking note of the fact that it is a jail petition, the court referred the matter to...

Aryan Khan Case - Witness's Affidavit With Extortion Allegations Forwarded To NCB Director General For Necessary Action : DDG

The affidavit of Prabhakar Sail, a witness in the cruise ship drug case involving Bollywood superstar Shah Rukh Khan's son Aryan Khan, containing startling allegations of extortion plans and payoffs, has been forwarded to the Director General of the Narcotics Control Bureau, informed the Deputy Director General of NCB Mumbai.A press release issued by Mutha Ashok Jain IPS, NCB DDG, also...

Supreme Court Weekly Round Up, October 18 To October 24, 2021

JUDGMENTS THIS WEEK1. Distinction Between Tax And Fee Has Been Substantially Removed, Says Supreme CourtCase Title: Jalkal Vibhag Nagar Nigam and Ors v. Pradeshiya Industrial and Investment Corporation & Anr. Citation: LL 2021 SC 583The Supreme Court observed that the distinction between a tax and fee has been substantially removed.The practical and even constitutional,...

Allahabad High Court Dismisses Paternal Grandparent's Habeas Corpus Plea Seeking Child's Custody From Her Maternal Grandfather

On Friday, the Allahabad High Court dismissed the habeas corpus petition of paternal grandparents, seeking the custody of a minor girl child aged about 3 years, from her maternal grandfather.Justice Y.K Srivastava observed that the facts do not indicate that the custody of the minor with her maternal grandfather can in any manner be said to amount to illegal and improper detention....

Delhi HC Issues Notice On Plea Challenging Decision Not To Permit Teachers, Staff Working In City Schools Without Vaccination

The Delhi High Court has issued notice on a plea challenging the decision of Delhi Government not to permit teachers and staff working in the city schools to attend the schools in case they fail to get themselves vaccinated by October 15.The plea, filed by a teacher working in a private aided school, challenges the circulars dated August 9 and September 29 according to which absence of...

Centre Notifies Appointments Of 10 Additional Judges Of Punjab & Haryana High As Permanent Judges

The Central Government has notified the appointments of 10 additional judges of the Punjab and Haryana High Court as permanent judges. They are : i) Suvir Sehgal, ii) Smt. Alka Sarin, iii) Jasgurpreet Singh Puri,iv) Ashok Kumar Verma, v) Sant Parkash vi) Smt. Meenakshi I. Mehta, vii) Karamjit Singhviii) Vivek Puri, ix) Smt. Archana Puri and x) Rajesh Bhardwaj, Click here to read/download...

Kerala HC Upholds Vaccination Mandate To Enter Colleges; Says Advantages Given To Vaccinated Not Discriminatory

The Kerala High Court recently ruled that although an individual is entitled to the right to refuse medical treatment under the Constitution, such right does not affect the authority of the executive to take measures to restore normalcy amidst a pandemic. Justice P.B. Suresh Kumar observed so while upholding a Government order and a circular that mandated the students to be vaccinated with...

Made To Sign Blank Papers At NCB Office, Overheard Extortion Talks : Witness In Aryan Khan Case Alleges

Prabhakar Sail, a panch witness in the cruise liner drug case, has made startling allegations of extortion and pay-offs involving KP Gosavi( a private person at the NCB raid whose picture with Aryan Khan went viral), the investigating officer and NCB Mumbai Zonal Director Sameer Wankhede and others, in a notarized affidavit. Sail, claiming to be KP Gosavi's personal bodyguard, alleges that he...

Police Can't Question Prosecutrix/Victim Regarding Variations In Statements Given U/S 161 & 164 Of CrPC: Allahabad High Court

In a significant observation, the Allahabad High Court recently deprecated the practice of police officers questioning rape victims regarding variations in their statements given under Section 161 (Examination of witnesses by police) and 164 (Recording of confessions and statements) of the Code Of Criminal Procedure (CrPC). The Bench of Justice Samit Gopal specifically...

Bar Council Of India Allows Using Of Bare Acts With Short Notes/Comments For AIBE-XVI

The Bar Council of India (BCI) has given the relaxation of using bare act with short notes/Comments for the All India Bar Examination-XVI [AIBE-XVI] to be held on October 31. "The Council has considered the request made by many candidates appearing in the 16th All India Bar Examination scheduled to be held on 31.10.2021 to allow candidates to use bare Acts with short notes/comments during...