Can An Accused Seek To Be Subjected To Narco Analysis Test To Prove His Innocence? Kerala High Court Answers

In a recent judgment, the Kerala High Court has declined to allow the plea of an accused in a POCSO case where he voluntarily submitted to undergo a narco analysis test to prove his innocence in the matter. Observing that even if allowed, the statements obtained through the test are not admissible in law, Justice M.R. Anitha held:"The revelations brought out during Narco Analysis under...

'Victim Of Rape Cannot Be Compelled To Undergo DNA Test': Allahabad High Court In POCSO Case

The Allahabad High Court has recently ruled that a victim of rape cannot be compelled to undergo DNA test to determine the paternity of her child. The Court was adjudicating upon a revision petition challenging the order dated June 25, 2021 of the Additional Sessions Judge, Sultanpur wherein such a DNA test was allowed to be conducted. Justice Sangeeta Chandra observed with dismay that...

Statements Of A 'Large Number' Of Eye Witnesses In Lakhimpur Kheri Incident Yet To Be Recorded: UP Govt Tells Allahabad HC

The Uttar Pradesh Government on Friday told the Allahabad High Court that the statements of a large of eyewitnesses in the Lakhimpur Kheri incident are yet to be recorded and therefore, it sought a further two weeks' time to file its reply on the bail plea filed by Ashish Mishra, the main accused in the case.Accepting the request, the Bench of Justice Karunesh Singh Pawar posted the matter...

Recording Wife's Telephonic Conversation Sans Her Knowledge A Clear-Cut Infringement Of Her Privacy: Punjab & Haryana High Court

The Punjab And Haryana High Court recently observed that recording of the telephonic conversation of the wife without her knowledge is a clear-cut infringement of her privacy. With this observation, the Bench of Justice Lisa Gill set aside the order of a Family Court allowing the husband to prove the telephonic conversation between him and his wife in a divorce suit (U/S 13 of...

"Conduct Of HoD Needs To Be Blemish Free": Delhi HC Dismisses Professor's Plea Over Non Appointment As HoD After Sexual Harassment Complaint By Teacher

Observing that the conduct of a Teacher as an HoD need to be blemish-free, the Delhi High Court dismissed a plea by a senior professor of the Delhi University aggrieved over his non appointment as the Head of Chemistry Department after a sexual harassment complaint was made against him by a Teacher."The conduct of a Professor / Teacher as an HoD, who is required to involve himself in...

Maintenance Of Kalkaji Temple Complex: Delhi High Court Seeks Report On Creation Of Shops, Basic Civic Amenities For Devotees

The Delhi High Court has sought a report on the the creation of shops as well as the basic civic amenities available for devotees inside city's Kalkaji Temple complex. Justice Pratibha M Singh directed the Court appointed architect to submit a comprehensive report after a meeting with administrator, Retired Justice JR Midha on or before 20th December, 2021.The Court also issued directives...

Copyright Act: 'Business Of Issuing Licenses Can Be Routed Only Through Copyright Societies U/S 33'; Madras HC Dismisses Suits Filed For Violation Of Licensing Rights

Recently, Madras High Court had the opportunity to analyse the ambit of statutory embargo on the business of issuing licenses for on-ground performance rights in sound recordings when the entity issuing the licenses does not fall within the meaning of a copyright society under Section 33 of the Copyright Act. The Single Judge Bench of Justice N. Anand Venkatesh accordingly...

Law Student's Suicide: Husband & Family Move Kerala High Court Seeking Bail

Two weeks ago, the news of a 2nd year LLB student Mofiya Parveen who died by suicide citing domestic abuse and dowry harassment from her husband and his family had taken the internet by storm. The husband and his family have now approached the Kerala High Court seeking regular bail in the matter. They were arrested on 25th November and have been in judicial custody since then. Justice...

Maternity Benefit Act A Beneficial Legislation, Organisation Expected To Be Empathetic To Pregnant Woman Rather Than Making Bald Allegations Against Her: Delhi HC

The Delhi High Court has held that the Maternity Benefit Act is a beneficial legislation for the purpose of safeguarding the rights of pregnant women and that an organisation is expected to be empathetic to the cause of a pregnant woman rather than making bald allegations against her. "The Act is a beneficial legislation for the purpose of safeguarding the rights of pregnant women. The...

Uttarakhand High Court Dismisses PIL Filed Against Use Of Siren By An MLA, His Family Members With ₹50K Cost

The Uttarakhand High Court on Wednesday dismissed a Public Interest Litigation (PIL) petition filed against the use of siren by a Member of Legislative Assembly of the State and his family members with 50,000/- cost.Essentially, the petitioner, one Umesh Kumar had filed the instant PIL aggrieved by the use of siren by a Member of Legislative Assembly of the State (a sitting MLA, who was...

Man Cuffed To Station Handrails: Kerala High Court Directs Inspector General To Inform Progress In Investigation

The Kerala High Court on Friday directed the Inspector General of Police to inform the progress of the investigation in the incident where a Dalit man was handcuffed to the handrail of the Police Station merely for asking for the receipt of a complaint he had preferred before the Station.Upon being appraised that a case had been registered against the responsible Justice Devan Ramachandran...

Complaint U/S 138 NI Act- "Accused Can Be Summoned Even On The Basis Of Affidavit Filed By Complainant": Allahabad HC

The Allahabad High Court on Wednesday observed that in a cheque bounce case for insufficient funds (Section 138 Negotiable Instruments Act), even on the basis of affidavit filed on behalf of the complainant, an accused can be summoned by the Court.The Bench of Justice Sameer Jain further held that in such cases, there is no need for the Magistrate to record statements of witnesses under...