Purpose Of Rehabilitative Sentencing Is To Reform The Offender As A Law Abiding Citizen Again; Bombay HC Grants Bail To 20-yr-old Boy In POCSO Case

The Bombay High Court last Tuesday granted bail to a 20-year-old boy accused under the Protection of Children From Sexual Offences Act observing that the purpose of rehabilitative sentencing is to reform the offender as a person so that he may become a normal law abiding member of the community once again.Justice Bharati Dangre was hearing a criminal bail application filed by one Shubham...

Social Justice Has Been Placed On The Back-Burner By The Supreme Court In The Last Few Years: Justice Madan Lokur

The launch of "In pursuit of Justice: An autobiography" by late Justice Rajinder Sachar on Tuesday evening witnessed an interesting panel discussion on "Personal Freedom and Judiciary"The following are the excerpts from the discussion, moderated by renowned journalist Rajdeep Sardesai, among former Supreme Court judge Justice Madan B. Lokur and senior advocates Kapil Sibal and Mukul...

Supreme Court Announces New Roster To Come Into Effect From Jan 4

The Supreme Court has notified the new roster determining the allocation of cases to its different Benches, which comes into effect upon the reopening of the court post the winter break on January 4, 2021.The new roster is identical to the previous one notified in October.As per the new roster, PILs and letter petitions are to be dealt with by benches headed by CJI, Justices Ramana,...

Breaking: Allahabad High Court Takes Suo- Motu Cognizance On Police Assault On Etah Advocate

The Allahabad High Court has taken suo-motu cognizance of recent incident which took place at Etah, Uttar Pradesh where the Police broke open the door of a house, and had dragged & pulled an Etah Advocate (who was in Advocate's dress) and had assaulted him mercilessly.The matter will come up for hearing tomorrow (29th December) at 11 AM before the Bench of Chief Justice Govind Mathur...

Presumption U/S 29 Of POCSO Act Would Come In To Play Even At Pre-Trial Stage: Jammu and Kashmir High Court Differs From Delhi HC's View

The High Court of Jammu and Kashmir has recently held that the presumption of guilt against the accused under Section 29 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) would come in to play even during the pre-trial stage Justice Sanjay Dhar while rejecting the bail of accused in a POCSP Case passed a contrary opinion to the Delhi High Court judgment in Dharmander...

Reduction Of COVID ICU Beds Reservation: High Court Asks Delhi Govt To Submit Status Report After Jan 5 Meeting

The Delhi High Court today directed the AAP Government in Delhi to place on record the outcome of the review meeting which is to take place on January 5, 2021, in the case relating to 80% reservation of ICU beds in private hospitals for Covid patients. The court has adjourned the matter for hearing on Jan 8, 2021.The Single Judge Bench of Justice Subramonium Prasad hearing the matter was...

Breaking- Section 357A(4) Cr.P.C Is A Substantive Provision; Victims Entitled To Compensation Even For Crimes That Occurred Prior To Its Enactment: Kerala High Court

In a landmark Judgment the Kerala High Court last week held that the provisions in Section 357A(1)(4)&(5) Cr.P.C are substantive in character and the victims under Section 357A(4) of the Cr.P.C. are entitled to claim compensation for incidents that occurred "even prior to the coming into force of the said provision." Importantly, the Bench of Justice Bechu Kurian...

'Malicious Act, Defeats Right To Advocate To Practice' : Supreme Court Bar Association Condemns Delhi Police Raid In Mehmood Pracha's Office, Police Assault On Etah Lawyer

The Supreme Court Bar Association has condemned the Delhi Police raid in the office of Advocate Mehmood Pracha and the police assault on an advocate in Etah in UP.The SCBA has termed the seizure of confidential information from the office of Pracha -who represents many accused in Delhi riots conspiracy cases - a 'malicious act which defeats the right of an advocate to practice his...

Delhi High Court Allows Allocation Of Medical Seat To National Bravery Award Winner, Order Not To Be Used As Precedent

The Delhi High Court has issued direction to the Union of India to allocate a supernumerary medical seat to a Bravery Award winner for the MBBS course, 2019, which under the reservation scheme was reserved for the National Bravery Awardees.Division judge bench of Justice Asha Menon and Rajiv Sahai Endlaw was hearing an appeal by the Union against a Single Judge bench order the same...

Accused's Right Of Being Represented Through A Lawyer Is Referable To Fundamental Right To Life: Supreme Court

The Supreme Court has observed that the right of being represented through a counsel is part of due process clause and is referable to the right guaranteed under Article 21 of the Constitution of India.Subedar and Buddhu were convicted in a murder case by the Trial Court. During the pendency of their appeal before the Allahabad High Court, Buddhu expired and thus the appeal and the proceedings...

Supreme Court Monthly Digest: December 2020

Important Judgements/Orders: 1. High Courts Having No Commercial Division Competent To Consider Cancellation Of Design Under Section 22(4) Of Designs Act: Supreme Court Order dated December 1, 2020 The Supreme Court discussed the interplay between the Designs Act, 2000 and the Commercial Courts Act, 2015. A bench comprising Justices L Nageswara Rao, Hemant Gupta and...

Police Assault On Etah Advocate: Allahabad High Court Bar Association Writes To Chief Justice To Take Suo Moto Cognizance Of The Incident

Taking a serious note of the recent incident which took place at Etah, Uttar Pradesh, the High Court Bar Association, Allahabad has issued a Letter requesting the Chief Justice of Allahabad High Court to take "suo motu cognizance of the said incident and pass appropriate orders to maintain the law and order situation of the state." It maybe be noted that the Police broke open the door of...