News Updates
Though Author Of CFSL Report Need Not Be Examined, It Is Not Admissible In Evidence Unless It Is Exhibited In Trial By A Witness : Delhi High Court
The Delhi High Court has reiterated that CFSL reports made by Government experts, which are admissible under Section 293 of CrPC without examining the author, are required to be tendered into evidence and cannot be relied upon unless the same was exhibited by some witness during the Course of trial. The observation was made by a Single Bench of Justice Vibhu Bakhru while setting aside...
Amend Protection Of Human Rights Act To Provide Internal Mechanism Qua Commission For Enforcing Its Own Recommendation: Madras High Court
The Madras High Court has suggested amendment/s in the Protection of Human Rights Act to provide an internal/self-contained mechanism qua Human Rights Commission for enforcing its recommendations.We earnestly trust and hope that the Parliament in its collective wisdom would bring necessary amendments in the Act to provide wherewithal to the Commission for direct execution of the...
No Right Exists To Move Representation To Chief Justice Of HC For Transfer Of Cases On Administrative Side: Punjab & Haryana High Court
The Punjab & Haryana High Court last month observed that no statutory provision exists which gives anyone the right to move a representation to the Chief Justice of High Court for transfer of cases on the administrative side. The Bench of Justice Jaswant Singh & Justice Sant Prakash observed thus, while noting that a Chief Justice is Master of Roster and he alone has...
Writ Jurisdiction U/A 226 May Be Exercised At Pre-Detention Stage In Case Of Potential Threat To A Person's Fundamental Rights: Madras High Court
The Madras High Court has recently held that Article 226 of the Constitution empowers the High Court to exercise its writ jurisdiction even at a pre-detention stage, if it is of the view that there is a potential threat of violation of a person's fundamental right under Article 21 of the Constitution. A Single Bench of Justice N. Anand Venkatesh has held, "The power exercised...
ASJ Grants Pre-Arrest Bail To An Accused While Denying Same To Another In Same Matter: Patna High Court Calls For Probe In The Administrative Side
Since the same judicial officer has passed conflicting orders in the same case against the material on the record, the conduct and fairness in judicial approach of the judicial officer concern may require probe in the administrative side: Patna High Court
Despite Marrying Willingly A Minor Girl Can't Be Allowed To Stay With Husband Till She Attains Majority: Allahabad High Court
The Allahabad High Court recently held that a minor girl cannot be allowed to live in a matrimonial relationship with a man she claims to be her husband, even if she had left her home of her own accord and married the Man out of her own free will. The Bench of Justice J. J. Munir ruled thus while taking into account her High School Certificate which "clearly indicated" that she is a...
Publication Of Intended Acquisition In Little Known Newspapers Amounts To Fraud On Statute & On Right To Property Of Citizens: Madras High Court
While underlining that publication of an intended (land) acquisition in little known newspapers may amount to a fraud on the statute, and a fraud on the right to property of the citizens¸ the Madras High Court on Friday (05th February) came down heavily upon the State's bureaucracy. The Bench of Justice N. Seshasayee further cited 4 ruling wherein the Apex Court as well as Madras...
"No Monopoly Over Coronil"; Madras High Court Sets Aside Order Restraining Patanjali Ayurveda from Using The trademark 'Coronil'
A Division Bench of the Madras High Court has set aside a Single Bench order restraining Patanjali Ayurveda from using the trademark 'Coronil'- the controversial drug that the company initially claimed to be a cure for the deadly Corona virus. The mark 'Coronil' became a subject matter of lis when a Chennai based private company Arudra Engineering moved the High Court...
"Consensual Sex Between Minors A Grey Area Under POCSO Act": Bombay High Court
The Bombay High Court on Thursday observed that enactment of POCSO Act has been a "significant and progressive step" in securing children's rights, however, incidents of consensual sex between minors has been a grey area under the law as minor's consent is not valid in the eyes of law. The observation came from Justice Sandeep K. Shinde while granting bail to a 19 year old boy convicted...
Farmers' Protest- Punjab & Haryana High Court Issues Notice To Centre, Haryana Govt. On Plea Challenging Suspension Of Internet
A plea has been moved before the Punjab & Haryana High Court seeking immediate restoration of Internet services in the State of Haryana. The Plea has been moved by Sandeep Singh and others through Advocate R. S. Bains contending that Petitioner's life and practice has been affected by the sudden suspension of Internet services. The Petitioners have assailed the "arbitrary act of...
'Reckless Statements Demeaning Another Religious Faith Will Only Sow Seeds Of Hatred' : Madras High Court Warns Evangelist While Quashing FIR
While quashing FIRs registered against Christian evangelist Mohan C Lazarus for hurting religious sentiments, the Madras High Court made certain significant observations regarding the need to maintain respect and tolerance for other religious faiths in a pluralistic society.A single bench of Justice Anand Venkatesh quashed the FIRs against Lazarus, the founder of 'Jesus Redeems...