Delhi Riots- "His Picture Speaks Volumes About His Conduct On That Day": Delhi Court Denies Bail To Shahrukh Pathan, Who Pointed Gun At Cop

"The accused is alleged to have participated in the riots and has been duly identified. His picture speaks volumes about the involvement and the conduct of the accused on the said day."

Remove Unauthorized Display Boards, Hoardings, Placards Etc. From Roads Within 3 Months: Kerala High Court Directs Authorities

The Kerala High Court recently ordered that all the unauthorized arches, display boards, hoardings, placards, and banners with poles or frames, etc., fixed to and/or dug into the ground, which abut the highways, public streets, and pedestrian pavements, shall forthwith be removed. The Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly ordered thus while taking up a batch...

Communal Far-Right Going All Out In The Name Of Majoritarianism To Attack Freedom Of Speech : N Ram

N.Ram, the former editor-in-chief of 'The Hindu', voiced concerns about the emergence of 'communal far-right', which is attacking freedom of speech and causing subversion of institutions.He addressed the "elephant in the room", what he described as the "communal far right", which is "going all out in the name of majoritarianism to attack the freedom of speech" and, in the process, causing...

"No Wonder Gujarat Tops The List Of States With Highest GST Collection": Gujarat HC Pulls Up GST Dept. For Their Alleged Coercive Recovery Tactics, Issues Notice

Noting that "the facts of the case are very gross and shocking", the Gujarat High Court on Friday (05th February) pulled up the GST officials for allegedly "coercing and pressurizing" a person to transfer an amount of almost Rs.9 Crore to the account of the department. The Bench of Justice J. B. Pardiwala and Justice Ilesh J. Vora called the alleged coercive recovery tactics as...

Can Adverse Inference Be Drawn From Silence Of Accused ?

Jurisprudentially, section 313 of the Cr.P.C.[1] envisages rules of natural justice.[2] In this regard, the Apex court has held that section 313 is not merely a notion of audi alteram partem[3] or a statutory right but also a Constitutional right to a fair trial under article 21 of the Constitution.[4] However, practically, this section gains much more significance due to rampant...

'Foreigners Tribunal Acted Half Heartedly': Gauhati HC Quashes Order Declaring Woman As Foreigner Passed Without Examining Relevant Witness

The Gauhati High Court has recently observed that "citizenship of a person is a valuable right" while quashing an order ofa Foreigners Tribal which declared a woman a foreigner.The Court observed that the Tribunal appeared to have acted "half heartedly", as it did not take serious steps to ensure the attendance of a crucial witness - the Headmaster who issued the school certificate which...

Plea Before Supreme Court Seeks Setting Up Of National and State Mortal Remains Management Disposal Protocol

A plea has been filed before the Supreme Court seeking directions to Centre and the States to set up a National and State Mortal Remains Management Disposal Protocol for pandemic and non- pandemic times within a reasonable period. The plea has also sought directions to the State Governments to designate the District Medical Officer to be appropriate authority for implementation of this...

How Kerala High Court Rendered Justice By Invoking Writ Jurisdiction To Solve Dispute Between Private Parties

Can writ jurisdiction be invoked for effective settlement of disputes between private parties? Normally, a writ petitions filed seeking reliefs against private parties are not entertained by the High Court. A judgment passed by Kerala High Court in October last year, illustrates how such an indulgence by writ courts could help in delivery of justice.In this case, the Secretary of the...

Kerala High Court Issues Notice In Plea Challenging Kerala Right to Burial of Corpse In Christian Cemeteries Act, 2020

The Kerala High Court has issued notice in a plea challenging Kerala Right to Burial of Corpse in Christian (Malankara Orthodox-Jacobite) Cemeteries Act, 2020.The Malankara Orthodox Syrian Church has approached the High Court challenging the provisions of the Act which permits burial of Jacobites in their family cemetery which are now under the control of the Orthodox faction.Justice PV...

'No Allegations Whatsoever': Supreme Court Quashes FIR Against Man Accused Of Abducting Woman Who Later Married The Main Accused

The Supreme Court quashed criminal proceedings against a man accused of abducting a woman who later married the main accused.In this case, the mother of the girl filed a complaint in the year 2013 alleging that one Vikram Roop Rai and the accused Vishwas Bhandari kidnapped her daughter by alluring her for the purpose of marriage. Later the girl married Rai who was acquitted by the Trial Court...

Supreme Court Weekly Round Up [February 1 to February 7 2021]

JUDGMENTS THIS WEEK1. Violation Of Fundamental Right To Speedy Trial Is A Ground For Constitutional Court To Grant Bail In UAPA Cases: Supreme Court[Union of India v. K.A. Najeeb] CITATION: LL 2021 SC 56 The bench comprising Justices NV Ramana, Surya Kant and Aniruddha Bose held that Section 43D (5) of UAPA per se does not oust the ability of Constitutional Courts to grant bail on ground...

Authorities Should Avoid Viewing Action Against Religious Trust As Against God; Need To Have Secular Mind, Scientific Approach : Bombay High Court

The Aurangabad Bench of the Bombay High Court noted that government authorities, including police officers and judicial officers should work with a 'secular mind' and avoid the general fear of inviting trouble in matters involving religious feelings. The Court added that authorities need to have a 'scientific approach' and should avoid viewing statutory action against a religious trust...