Public Prosecutor Must Apply Mind Independently Before Filing Report U/MCOCA Seeking Extension Of Time To Investigate, He Is Not A Mere Postman: Bombay HC [Read Order]

The Bombay High Court last week held that before filing a report under the Maharashtra Control of Organized Crime Act (MCOCA) seeking extension of time for further investigation in a case beyond the 90 day period, the Public Prosecutor must apply his/her mind independently. He is not a mere postman or a forwarding agency, Court said.Division bench of Justice RV Ghuge and Justice BY Debadwar...

[Ban On Mobile In Hospitals] 'Ban Impinges Upon The Right Of Free Communication Of Patients', Calcutta HC Asks Govt. To Ease Out The Ban [Read Order]

The Calcutta High Court on Wednesday (30th September) expressed hope that the State Government shall take such appropriate measures without compromising the health issues of the public at large to ease out the ban on use of mobile phones in hospitals since the same definitely causes the inconvenience and other problems for the members of the society.The Bench of Chief Justice Thottathil...

Public Prosecutor's Statement Cannot Be Said To Be Strictly Correct: SC Grants Bail To Accused Under Stringent Anti-Terror UAPA [Read Order]

The Supreme Court on Wednesday allowed the special leave petition of a Jodhpur-resident facing trial under the Unlawful Activities (Prevention) Act 1967, allegedly for facilitating the escape of a terror suspect. The Bench of Justices RF Nariman, Navin Sinha and KM Joseph enlarged the accused on bail, while holding that the Rajasthan High Court had erred in relying on the...

LL.B Admission: Kerala HC Issues Notice On Plea Seeking Relaxation Of Minimum Qualifying Marks For Persons With Disabilities

The High Court of Kerala on Wednesday issued notice on a writ petition seeking relaxation of the requirement of 45% minimum qualifying marks for admission to three-year LL.B for persons with disabilities.The petition filed by Madhu. V and Bindhu K.A - who suffer from 50% loco motor disabiltiy on account of polio - challenges Rule 7 of the Rules for Legal Education, 2008 framed by the BCI...

[Vadodara Custodial Death Probe] "There Must Not Be Any Scope Of Either Laxity Or Soft Paddling At Any Stage Of Investigation": Gujarat HC Tells CID [Read Order]

In the on-going probe of the Vadodara Custodial Death Case, the Gujarat High Court on Monday (28th September) reminded the Investigating Officer (a Senior officer from State CID Mr Girish Pandya) that "truth is the motto and object of every investigation and in the instant case, all the accused are police personnel who are supposed to be well versed with all possible tactics to overreach...

Kerala HC Declines Stay On CBI Investigation In LIFE Mission Case

The High Court of Kerala on Thursday refused to stay the investigation by the Central Bureau of Investigation(CBI) in the 'LIFE Mission' case.Considering the petition for admission, a single bench of Justice V G Arun said that the Court cannot interfere with the investigation at this stage and that it needs to wait for more details to emerge. The bench orally remarked "let the investigation...

Women Have More Exposure To COVID19 Than Men: Delhi Govt's Sero-Surveillance Report Informs Delhi HC [Read Order]

On Wednesday, the Delhi Government submitted its third sero-surveillance report before the Delhi High Court which states that sero-prevalence of COVID19 is found more in women than men. The report further informed the Division Bench of Justice Hima Kohli and Justice Subramonium Prasad that the persons falling in the age bracket of 18-49 have the maximum exposure to...

Kerala HC Upholds Constitutional Validity Of Kerala State Commission For SC-STs Act [Read Judgment]

The Kerala High Court has upheld the constitutional validity of Kerala State Commission for the Scheduled Castes and the Scheduled Tribes Act, 2007.One lawyer, MP Chothy had approached the High Court contending that, as per the State List or the Concurrent List of Schedule V11 of the Constitution of India, the State is not vested with the powers to enact any law on the subject as contained...

[Making Allegations Of Torturing Muslim Youth] 'No Intention To Promote Enmity B/w Two Religious Groups', Kerala HC Grants Bail To SDPI Leader [Read Order]

While hearing a bail application, wherein the Applicant was accused of preparing posters and pasting them at several places, thereby creating or promoting hatred or ill will between two religious groups, the Kerala High Court granted the Bail to the Applicant on Monday (28th August).The Bench of Justice Ashok Menon was of the view that if the poster allegedly published by the accused is...

[Political Gatherings Amid COVID] Authorities Responsible For The Execution Of COVID Protocol Are Unable To Discharge Their Duties: MP HC [Read Order]

The Madhya Pradesh High Court on Tuesday (29th September) observed that the executive authorities who are responsible for the execution of the COVID Guidelines (to contain the spread of COVID) are unable to discharge their duties.The Bench of Justices Sheel Nagu and Rajeev Kumar Shrivastava further thought it appropriate to hear in person the District Magistrate and Superintendent of Police...

Important Gazette Updates- September 2020

Read below the important updates from Gazette of India:The following gets Presidential Assent:Banking Regulation (Amendment) Act, 2020 [https://t.co/aFkptsTlWl] Epidemic Diseases (Amendment) Act, 2020 [https://t.co/iArvFOINLl] Occupational Safety, Health and Working Conditions Code, 2020 [https://t.co/yoo8VKn2OE] #GazetteUpdates pic.twitter.com/FhTvcvALMa— Live Law (@LiveLawIndia) September...

'Set Apart A Reasonable Amount Out Of Rs 5 Crores For Clerks' : Karnataka HC Directs State Bar Council [Read Order]

The Karnataka High Court has directed the Karnataka State Bar Council to set apart a reasonable amount out of the Rs 5 core state grant given to it for the benefit of the advocates' clerks. A division bench of Chief Justice Abhay Oka and Justice Ashok S Kinagi gave the direction while hearing a petition filed by the Advocate Clerks Association. The bench took into the written...