News Updates
'Courts Must Play Doctor & Save Rights From Demise Before They Are Extinguished': Delhi HC Grants Bail To Man Incarcerated For 12 Yrs In 2008 Serial Blasts Case
The Delhi High Court has granted bail to a man incarcerated as an undertrial for over 12 years in connection with 2008 serial blasts case after observing that Courts must play doctor and save constitutional rights from demise before they are extinguished.Justice Anup J Bhambhani and Justice Siddharth Mridul observed thus:"Courts must not play coroner and attend to legal or...
"Complainant's Apprehension Regarding Harassment By Police Prima Facie Real": Delhi Court Seeks Status Report In Riots Case
A Delhi Court has observed that the apprehension of a complainant, who was affected by rioting at his residence during the North East Delhi Riots, regarding harassment by police officers seems prima facie real and not illusionary. Additional Chief Metropolitan Magistrate Arun Kumar Garg has thus sought a comprehensive status report from the police for further investigation in the case.The...
'I Personally Check All E-Mails For Expeditious Listing Each Day': Justice Chandrachud To Dushyant Dave Who Complained About Non-Listing Of Matters By Registry
Justice D. Y. Chandrachud on Wednesday told the bar that every morning, he personally peruses all emails to secure a listing which has been received by the court-master from AORs until the previous evening, and "99 out of 100 times", the judge ensures the matters are listed expeditiously.The remark came when Senior Advocate Dushyant Dave voiced the grievance of the Supreme Court...
Court Not Empowered To Grant Extension For Payment Of Purchase Money In A Decree Of Specific Performance Based On Compromise Agreement: Kerala High Court
The Kerala High Court recently held that the court has no power to extend the time for the payment of purchase money in a decree of specific performance based on a compromise agreement containing self operative clauses between the parties.Justice V.G. Arun also remarked that such an extension would lead to rewriting the terms of the compromise:"The petitioner had neither paid the amounts...
It Is State's Primary Duty To Ensure Uninterrupted Supply Of DNA Test Kits To Forensic Science Laboratory: MP High Court
The Madhya Pradesh High Court on Monday stressed that it is the primary responsibility of the State to ensure uninterrupted supply of "consumables and standard kit" to the Forensic Science Laboratory so that DNA tests can be conducted without any difficulty.The Bench of Justice Gurpal Singh Ahluwalia observed thus while dealing with a bail plea filed by the rape accused claiming that since...
Delhi High Court Extends Life Of Interim Orders Till October 22
The Delhi High Court has extended the life of its interim orders till October 22, 2021.The order was passed while dealing with the suo moto petition registered on the extension of interim orders in all matters pending before it and subordinate Courts, in view of the limited functioning of Courts due to the second Covid wave.A full bench comprising of Justice Vipin Sanghi, Justice Rekha Palli...
Woman Exercising Sexual Autonomy Through Willful Sexual Relationship Cannot Be Presumed To Have Given Consent For Violation Of Reproductive Rights: Delhi Court
A Delhi Court has observed that a woman exercising her sexual autonomy through a willful sexual relationship with her partner cannot be presumed to have given her consent for violation of reproductive rights.Additional Sessions Judge Vishal Gogne also observed that exercise of sexual choices by a woman does not give any right to her partner to sexually exploit her and that she does not...
State Facilitating Battles Within A Religious Sect: Gujarat High Court Quashes Externment Order Passed Against Priests
The Gujarat High Court last week rebuked the state government for facilitating battles within a religious sect as it quashed externment order passed against two religious priests of the Gadhada temple on account of an ongoing dispute within the Swaminarayan sect concerning temple trust elections.Essentially, the Bench of Justice Paresh Upadhyay was hearing two pleas filed by the two priests...
'No Plan To Kill Or Maim Maneater 'MDT 23' Tiger': TN Forest Officials Inform Madras High Court
The Principal Chief Conservator of Forests, Tamil Nadu informed the Madras High Court on Tuesday that there was no plan to kill or maim the 'MDT 23' tiger which has triggered panic for allegedly killing humans and livestock in Gudalur division of Nilgiris district. A Bench comprising Chief Justice Sanjib Banerjee and Justice P.D Audikesavalu observed, "The Principal Chief Conservator...
Execution Proceedings Initiated Against Idol Liable To Be Set Aside When Deity/Public Temple Not Made Party To Suit: Kerala High Court
The Kerala High Court has held that execution proceedings initiated against an idol and its property are liable to be set aside when the deity or a public temple is not made a party to the suit. Justice P Somarajan while allowing an appeal stated: "The binding nature of the suit or the decree passed in compliance with Order I Rule 8 C.P.C. must be understood as binding on only those persons...
'Rising Frauds In Aadhaar Enrollment': Karnataka High Court Asks Centre, State To Keep Vigil
The Karnataka High Court has refused to quash a FIR registered against a 47 years old entrepreneur, allegedly involved in illegally selling aadhaar kits and aadhaar cards. Justice M. Nagaprasanna dismissed the petition filed by Naresh Kumar R.P. while observing,"It is prudent for the Government of India or the State Government to have a vigil on such instances of rising cases of frauds...
Documents Seized By Investigating Agency Cannot Be Withheld Merely On The Ground That They Are Not Part Of Charge-Sheet: Gujarat HC Partly Allows Sanjiv Bhatt's Plea
The Gujarat High Court partly allowed Former IPS officer Sanjiv Bhatt's plea seeking production of certain documents including A Summary report in relation to the trial in a 1996 case under Narcotics Drugs Psychotropic Substances Act (NDPS).The documents which were not part of the chargesheet, but seized by the investigating agency during the investigation of the offence, cannot be withheld...