Case Arrears, Infrastructure Problems, Gender Disparity : Crisis Looms Over Bihar Judiciary

While laying down the foundation stone of the Patna High Court building on 1st December 1913, the then Viceroy and Governor General of India Lord Hardinge of Penshurst said, “I now proceed to lay this stone in full confidence upon the people of this province. I feel assured that within its walls in future days justice will be administered with courage and impartiality to the terror...

POCSO Act | State Must Provide 'Support' Persons' For Child Victims; It Can't Be Left To Parents' Discretion: Supreme Court

The Supreme Court has underlined that the State has the obligation to provide 'support persons' as per the Protection of Children from Sexual Offences (POCSO) Act 2023 to child victims of sexual offences and that the appointment of support persons cannot be made optional. The need for support persons should not be left to the discretion of the parents of the child victims, the Court...

NDPS Act | If Samples Are Drawn Violating Section 52A, Trial Stands Vitiated : Supreme Court

The Supreme Court on Friday (13.10.2023), set aside the order of the High Court that had sentenced a man to 10 years' imprisonment for being found in possession of commercial quantities of heroin. The Apex Court set aside the order on the ground that the NCB authorities failed to show that the seized contraband were drawn in the presence of a Magistrate and that the inventory of the ...

Transfer Certificate Cannot Be Withheld Merely Citing Arrears Of School Fees: Kerala High Court

The Kerala High Court has declared that Transfer Certificate (TC) of a child cannot be withheld by a School merely because fees are due to the School."Imparting education is the primary duty of the State. The Transfer Certificate of a child cannot be withheld by a School because the fees are due to the School. Every child has a fundamental right to get an education," Justice Basant...

Article 226 | High Court Ought To Relegate Parties To Alternate Remedies When There Are Serious Factual Disputes: Supreme Court

A Division Bench of the Supreme Court, in its judgment dated October 13, 2023, opined that one of compelling reasons for relegating the writ petitioner to an alternative remedy may arise where there is a serious dispute between the parties on a question of fact and materials/evidence(s) available on record are insufficient/inconclusive to enable the Court to come to a definite...

De-sealing Of Properties In Delhi: Supreme Court Forms Committee Of Retired Judges To Hear Challenge To Monitoring Committee Orders

the the The Supreme Court has constituted a Judicial Committee with two retired judges to deal with the challenges to the orders passed by the Monitoring Committee in relation to sealing/desealing of properties in Delhi.The members of the Committee are : 1) Justice Pradeep Nandrajog, retired Chief Justice of the Bombay High Court and 2) Justice G.S. Sistani, retired Judge of the Delhi...

Supreme Court Adjourns Congress Leader Pawan Khera's Plea for Quashing of Criminal Proceedings over Alleged 'Gautam Das' Remark against PM Modi

The Supreme Court on Friday adjourned to Monday, October 16, the hearing of a plea by Congress spokesperson Pawan Khera for quashing of criminal proceedings against him over an alleged remark about Prime Minister Narendra Modi.A bench of Justices BR Gavai and Prashant Kumar Mishra was hearing a special leave petition against an order of the Allahabad High Court refusing to quash the...

Supreme Court Refuses To Interfere With Transfer Of AFT Chandigarh Bench Judge, Agrees To Examine Plea To Remove Tribunal From Defence Ministry's Control

The Supreme Court today (13.10.2023) sought the response of the Union of India on a plea seeking to divest the control of the Armed Forces Tribunal from the Ministry of Defence. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing a plea filed by the Armed Forces Tribunal Chandigarh Bar Association (AFTCBA) alleging that Justice Dharam...

Supreme Court Issues Notice On Appeal By Mukhtar Ansari Against Allahabad HC Order That Sentenced Him To 5 Years' Imprisonment For Being A 'Gangster'

The Supreme Court on Friday (13.10.2023) issued notice and sought the response of the state of Uttar Pradesh in an appeal by former Bahujan Samaj Party legislator, Mukhtar Ansari against the Allahabad High Court order that sentenced him to 5 years’ imprisonment for being a ‘gangster’ under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 Act. Ansari was...

Window Seat Row: Man Accused Of Misbehaving With Malayalam Actress In Flight Moves Court For Anticipatory Bail

The man accused of harassing a renowned Malayalam actress onboard an Air India flight in a dispute over occupation of the window seat, has approached a Sessions Court in Ernakulam seeking anticipatory bail.The petitioner, Anto C.R., is alleged to have misbehaved with the actress (the de facto complainant herein) while in transit from Mumbai to Cochin in an Air India flight.Denying...

Shringar Gauri Suit | 'Court Has To Decide Gyanvapi's Religious Character As On 15 Aug 1947': Hindu Plaintiff To Varanasi District Judge

Rakhi Singh, one of the five plaintiffs in the Shringar Gauri Worshipping suit 2022 (presently pending before the Varanasi Court), has submitted before the Varanasi District Judge that the Court, in the pending suit, is required to decide what was the religious character of the Gyanwapi premises on 15th August 1947, the cut-off date in the Places of Worship Act 1991.Singh has made this...

Foetus Has No Separate Identity From Mother; Woman Can't Be Forced To Undergo Pregnancy At Risk Of Physical & Mental Trauma : Justice Nagarathna

The split order passed by a two-judge bench of the Supreme Court on October 11 on the plea of a married woman seeking termination of her unplanned pregnancy at 26 weeks has been uploaded.In view of the difference of opinion between Justice Hima Kohli and Justice BV Nagarathna, the matter was referred to a 3-judge bench led by Chief Justice of India. It may be recalled that the two-judge bench...