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...

A Feminist Perspective On Justice Is Essential, Particularly When Considering Justice For The Community Of People With Disabilities: Justice AK Sikri

In his address at the Mission Accessibility Annual Day held at the India International Centre, Justice Arjan Kumar Sikri, a former judge of the Supreme Court of India, and Patron-in-Chief, Mission Accessibility Emphasized the paramount importance of empathy and sensitization in the pursuit of disabled rights.Speaking on the topic, “Creating The RPWD Generation From Principle To...

Court In Kashmir’s Awantipora Denies Bail To Groom Accused Of Skipping Own Wedding Reception For Not Giving Dowry

A trial Court in Jammu and Kashmir has recently rejected the bail plea of a man arrested after he skipped his wedding reception because the bride’s family could not fulfil his demand for dowry. The accused was booked under Section 4 of the Dowry Prohibition Act, 1961 and Sections 498A (cruelty by husband or his relatives) and 420 (cheating) of the Indian Penal Code, 1860.This reception was...

Family Planning Every Citizen's Obligation, Married Couples Must Take Precautions To Avoid Unwanted Pregnancies: Supreme Court

The Supreme Court on Monday (09.10.2023) in an order allowing the medical termination of pregnancy of a married woman who is 26 weeks pregnant has highlighted the importance of family planning and taking adequate precautions. It is however, important to note that on October 11th, while hearing the recall application filed by the Union against the said order, the bench of Justice Hima Kohli...

Kerala High Court Seeks State's Response On Plea Against Discontinuation Of Annual Grant To OBC Junior Advocates

A plea has been moved in Kerala High Court against the non-issuance of notification to claim annual grant of twelve thousand rupees to the junior advocates belonging to the OBC category under the OBC Advocate Grant Scheme.Justice Devan Ramachandran has sought response from the Government of Kerala and the Directorate of Backward Classes Development Department regarding the discontinuation of...

'If Convict's Advocate Was Absent, HC Should've Appointed A Lawyer For Him' : Supreme Court Criticises HC Deciding Criminal Appeal Without Hearing

The Supreme Court recently examined a controversial conviction by the Madhya Pradesh High Court in a triple murder case that was based on a modified charge, noting the absence of the appellant's advocate during the hearing. The Court highlighted procedural errors and the failure to provide notice regarding the proposed alteration of the charge, which resulted in a breach of legal principles...

Virtual Hearing Facilities Can't Be Restricted To Advocates/Litigants Above A Particular Age : Supreme Court

The Supreme Court, while mandating hybrid hearings in all High Courts across the country, expressed its concern over the absence of uniform Standard Operating Procedures (SOPs) in High Courts, highlighting the need for a clear and consistent approach to electronic access for hearings. The bench comprising Chief Justice DY Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra also...

Orissa High Court Orders Regular Training Of Notaries, Inspection Of ‘Notary Registers’ By District Judges Twice A Year

The Orissa High Court on Tuesday ordered the State Government to organize training programmes for all the Notaries on a regular basis, either through physical or virtual mode to apprise them of their statutory duties and functions, also what they can do and what they must avoid doing.While taking judicial notice of extra-legal practices adopted by Notaries, the Division Bench of Justice...

Can A Juvenile In Conflict With The Law Seek Anticipatory Bail Under S. 438 Cr.PC? Supreme Court To Consider

The Supreme Court is set to consider the question of whether an Anticipatory Bail filed under Section 438 of the Criminal Procedure Code, 1973 by a juvenile in conflict with the law as the per Juvenile Justice (Care and Protection of Children) Act, 2015 is maintainable.A bench of Justice Hrishikesh Roy and Justice Sanjay Karol issued notice to the State on Monday (9th October) in an appeal...

Caste Or Religion Of Litigant Should Never Be Mentioned In Judgments : Supreme Court To All Courts

The Supreme Court has deprecated the practice followed by certain Trial Courts and High Court of mentioning the caste or religion of a party in the cause-title of the judgment.While deciding a criminal appeal arising from a child sex abuse case in Rajasthan, the Supreme Court was surprised to note from the cause-title of the judgments of the Trial Court and the High Court that the...

PIL Claims Telangana Only State Without Crop Insurance Scheme To Protect Farmers, High Court Issues Notice

The Telangana High Court has issued notice to the State, Centre, Commissioner of Agriculture and Director of Horticultural in a Public Interest Litigation for implementation of the comprehensive 'Crop Insurance Scheme' in the State.The PIL was taken up by the division bench of Chief Justice Alok Aradhe and Justice N.V. Shravan Kumar based on a letter authored by Advocate Rapulu Bhaskar...

Accused Has No Right To Produce Any Material At The Time Of Framing Of Charge: Supreme Court

The Supreme Court held that at the stage of framing charges, the accused does not have the right to produce any material or documents to contest the case. The Court further emphasized that at the charges stage, the trial court should base its decision solely on the chargesheet material provided by the prosecution, presuming the material to be true for the purpose of determining the existence of...