Rejection Of Permanent Commission Has To Be Challenged In Armed Forces Tribunal, Centre Tells SC

Once an application seeking permanent commission has been duly considered on merit as per the verdict in the Annie Nagaraja case and has been rejected after that, such officer has to challenge the rejection in the Armed Forces Tribunal and not directly before the Supreme Court under Article 32, submitted the Centre before the top court on Monday. A vacation bench headed by Justice Indira...

Names Of Persons Declared As Absconding Accused Can Be Published In Social Media: Punjab & Haryana High Court

The Punjab & Haryana High Court has recently observed that there is no harm in the publishing of the names of persons declared as absconding accused (as are statutory allowed to be published vide Punjab Police Rules, 1934), in the social media. The Bench of Justice Amol Rattan Singh observed thus while perusing the relevant provisions of the Punjab Police Rules, with regard to...

Two Finger Test On Rape Victims Unconstitutional,Violates Personal Dignity Of Woman, Holds Lahore High Court, Quotes Indian Precedents

The Lahore High Court has held that two finger test and the hymen test carried out for the purposes of ascertaining the virginity of a female victim of rape or sexual abuse is unconstitutional.The court held that such tests are unscientific having no medical basis and also offends the personal dignity of the female victim.Justice Ayesha A. Malik held that such tests are discriminatory and...

SC/ST Commission Not Empowered To Adjudicate Disputes Between Individuals: Karnataka High Court

The Karnataka High Court has held that the Karnataka State Scheduled Castes and Scheduled Tribes Commission, is not empowered to adjudicate and decide disputes between parties and pronounce its orders either interim or final. A single bench of Justice M Nagaprasanna said "Sections 8 and 10 of the Karnataka State Commission for the Scheduled Castes and Scheduled Tribes Act, 2002, makes...

Justice Muralidhar Sworn In As Chief Justice Of Orissa High Court

Justice S Muralidhar on Monday took oath as the 32nd Chief Justice of Orissa High Court.Odisha Governor Ganeshi Lal administered the oath of office to the new chief justice in a simple ceremony at Raj Bhavan here.Law Minister Pratap Jena, Leader of Opposition Pradipta Kumar Naik, Chief Secretary SC Mohapatra, DGP Abhay, ACS Home Sanjeev Chopra and other senior dignitaries were present at...

Include Lawyers, Judges In COVID-19 Vaccine Priority List: Tamil Nadu Advocates Association

The Tamil Nadu Advocates' Association (TNAA) has written letter to the Union and State Health Ministry, as well as the Chief Justices of the Madras High and Supreme Court, demanding that lawyers and judges be included in the priority list of people who are qualified to get the COVID-19 vaccinations in the first phase of its administration. The letter highlighted that the government...

'Individual Rights Should Subserve The National Interest': Kerala High Court Cancels Bail Granted To Journalism Student In UAPA Case [Read Judgment]

"When individual rights are pitted against national interest and security, the latter should prevail."

Bail Is Not A Licence For Committing Any Number Of Crimes: Karnataka High Court

The Karnataka High Court has said that the right to claim bail under section 436 of Criminal Procedure Code (CrPc) becomes circumscribed when an accused repeatedly commits bailable offence/s. Justice SREENIVAS HARISH KUMAR said "A person being on bail in relation to a bailable offence and applies for bail having again committed a bailable offence cannot as a matter of right...

Offence U/S 25 Of Arms Act Not Made Out In Cases Where Suspect Wasn't Conscious That He Is In Possession Of Live Ammunition: Delhi High Court

A single judge vacation bench of Justice Vibhu Bakhru has reiterated that "unconscious possession" of firearms "would not attract the rigours of the Arms Act," while hearing a criminal writ petition moved by an engineering student in whose bag were found 20 live cartridges. The student sought quashing of the FIR lodged against him and all proceedings emanating therefrom on the ground that he...

Plea In Delhi High Court Against Detention Of Under Trial Prisoners Despite Completion Of Half Of Their Maximum Sentence

A writ petition has been filed before the Delhi High Court seeking implementation of S. 436A of CrPC, for release of those under trial prisoners who are facing trial under and have spent half of their maximum sentence in lower offences.A Division Bench headed by Chief Justice DN Patel has issued notice in the Petition. Section 436A of the Code prescribes the maximum period for which...

Kerala High Court Sets Aside Bail Granted To Thwaha Fasal In UAPA Case Over Alleged Maoist Links; Allan's Bail Not Cancelled

The Kerala High Court on Monday set aside the order passed by by Special NIA Court Kochi granting bail to Thwaha Fasal in a UAPA case for alleged Maoist links.The High Court however has not cancelled the bail granted to Allan Shuhaib, who was also arrested along with Thwaha in November 2019.A division bench comprising Justices A Hariprasad and K Haripal allowed the appeal filed by the...

Supreme Court Adjourns To Next Week PIL Seeking Directions To Control Uttarakhand Forest Fires In The State

The Supreme Court on Monday adjourned to next week a PIL seeking for directions to State of Uttarakhand to take steps to prevent forest fires in the State as well as declare that the entire wildlife in the region to be declared as a living entity with corresponding rights. A Bench headed by Chief Justice of India SA Bobde was informed by the Petitioner-in-Person Rituparn Uniyal that...