News Updates
Kerala High Court Directs Union Ministry To Pass Expedite Orders On Officers' Deliberate Dereliction Of Duty Under Emblems & Names Act
The Kerala High Court has directed the Union Ministry of Consumer Affairs, Food & Public Distribution to pass an appropriate order on the issue of deliberate dereliction of duty by the Inspector Station House Officer, in obeying the mandates of the Emblems and Names (Prevention of Improper Use) Act, 1950.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly noted that...
High Court Refuses To Entertain Plea To Regulate Production & Consumption Of Intoxicating Drinks In Delhi
The Delhi High Court on Monday refused to entertain a petition moved by BJP leader and Advocate Ashwini Kumar Upadhyay seeking to prohibit or regulate the production, distribution and consumption of intoxicating drinks and drugs in the national capital.Ashwini Upadhyay, who was appearing in person, stated before the Court that the liquor shops established in the city were near schools...
To Help Lawyers Who Are Young Mothers, Madras HC Judge Adopts Policy To Grant Them Specific Time Slots For Arguments
In a welcoming gesture, Justice GR Swaminathan of Madurai bench of the Madras High Court issued a letter on Monday to the members of the bar informing them that lawyers who are young mothers could ask for a specific time slot to argue their case after informing the Court Officers. This was however subject to the condition that such advocates should pass on the dates and events, case laws...
High Court Grants Time To Centre & Delhi Govt For Filing Status Reports In Suo Moto Case On Lack Of Rainwater Harvesting Efforts In City
The Delhi High Court on Monday granted four weeks time to the Centre, Delhi Government and other authorities for filing status reports in a suo moto case concerning the issue of lack of rainwater harvesting efforts taken by the departments in the city. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad ordered thus:"Respondents are granted four...
'Doctrine Of Sameness' Not Attracted When Victims Differ: Karnataka High Court Refuses To Quash Multiple POCSO FIRs Against School Teacher
The Karnataka High Court has observed that the 'Doctrine of Sameness' is not applicable if cases against the accused registered under the Protection of Children from Sexual Offences Act, are filed at different periods of time by different complainants. A single judge bench of Justice M Nagaprasanna while dismissing a petition filed by a school teacher who is accused by the students...
Subsequent Filing Of Chargesheet Can't Defeat Indefeasible Right Of Accused Who Applied For 'Default Bail': Allahabad High Court
The Allahabad High Court has observed that an accused gets an indefeasible right to 'default bail' if he makes an application after the maximum period for investigation of an offence is over, and before a charge sheet is filed. This assertion came from the bench of Justice Syed Aftab Husain Rizvi who held that an accused has an indefeasible right to 'default bail' under proviso to section...
Madras High Court Confirms Order Of CB-CID Enquiry Into Medical Admission Scams
The Madras High Court on Monday confirmed the order of the single judge directing a CB-CID enquiry in a matter relating to series of scams relating to admissions to the medical courses in state. The court passed the order on an appeal filed by Dr G. Selvarajan, former secretary of the Selection Committee, Directorate of Medical Education, seeking a stay of a single bench order whereby the...
'Presumption Of Innocence U/S 3(i) Juvenile Justice Act Not Applicable To Adult Co-Accused': J&K&L High Court
The Jammu and Kashmir and Ladakh High Court has made it clear that the presumption of innocence in favour of a juvenile under Section 3(i) of the Juvenile Justice (Care and Protection of Children) Act, 2015 cannot be applied to the adult co-accused in a crime.Justice Sanjay Dhar thus rejected the contention raised by the Petitioners herein (co-accused with the juvenile) that since the...
Rigor Of S.33(5) Of POCSO Act Gets Diluted Once Victim Attains Majority: Madras High Court Reiterates
Observing that the accused must be given an opportunity to place his defence, the Madras High court recently allowed a POCSO accused's plea for recall of the victim for cross examination. The court explained that Section 33 (5) of the Act was introduced only to ensure that the child should not be repeatedly called to the Court for examining as it would affect the mind of the child. In the...
Power To Grant Regular Bail U/S 439 CrPC Is Subject To Conditions Laid Down In S.37 NDPS Act: Punjab & Haryana High Court Reiterates
The Punjab and Haryana High Court has held that when dealing with a case registered under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, the power to grant regular bail under Section 439 CrPC is subject to the conditions laid down in Section 37 of the NDPS Act. Power to grant bail under Section 439 of the Code is subject to the conditions laid down in Section 37...
