Rajasthan Assembly Passes Advocates Protection Bill

Rajasthan has become the first State in the country to enact a law granting protection to advocates from assault and grievous hurt. The Advocates Protection Bill was tabled in the State legislative assembly last week and passed today with certain amendments, by voice vote.The Bill aims to provide for the prevention of offences of assault, grievous hurt, criminal force, and criminal...

'Malice Spreading Fast In District Courts': Allahabad HC Cancels Bail Granted To Advocate Accused Of Sending Obnoxious Messages To Lady Judge

The Allahabad High Court on Monday canceled bail granted by a local court to a district court advocate who has been accused of sending obnoxious messages to a lady judge thereby causing harassment. The Court underscored that the Policy of Zero Tolerance in such matters has become imperative.Dealing with the plea moved by the lady judge herself seeking cancellation of his bail, the bench...

Using Criminal Prosecution To Extract Dues For Which A Civil Remedy Is Available Is Unacceptable: Jharkhand High Court

A bench comprising Justice Gautam Kumar Choudhary of the Jharkhand High Court, while allowing a criminal miscellaneous petition, has recently ruled that criminal prosecution, in any case, cannot be permitted as an arm twisting measure to settle and extract dues for which efficacious civil remedy is available.In this case, the Criminal miscellaneous petition was preferred for quashing of...

Recusal Should Not Come So Easy But Question Is Of Perception Of Bias, Judge's 'Comfort' Level: Justice Bhambhani In Case Against Zee News

Delhi High Court judge Justice Anup Jairam Bhambhani on Tuesday said that recusal of a judge in a matter should not come easy but the judge's "comfort level" is also a consideration when it comes to deciding the question."Recusal should not come so easy but there are higher considerations than deciding than A versus B. No one should ever feel this matter went one way or the other because of...

Granting Bail To Manish Sisodia Will Scuttle Probe, Destruction Of Evidence Was ‘Constant Practice’: CBI To Delhi Court

The Central Bureau of Investigation (CBI) on Tuesday told a Delhi Court that granting bail to Aam Aadmi Party leader and former Deputy Chief Minister of Delhi Manish Sisodia in the alleged liquor policy scam case will scuttle the investigation and that there has been a “constant practice” of destruction of evidence by him. Special Public Prosecutor DP Singh made the submission before...

High Court Exercises Judicial Function Under S. 11 (6) of Arbitration Act; Principle Of Res Judicata Applicable To S. 11 Petition: Delhi High Court

The Delhi High Court has ruled that the High Court exercises a judicial function under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (A&C Act), and thus while dealing with a petition filed under Section 11 for appointment of Arbitrator, the High Court can determine the issue of maintainability of a petition on any ground, including on territorial jurisdiction or...

UAPA Tribunal Upholds Centre's Decision To Ban PFI & Its Affiliates

The UAPA tribunal headed by Justice Dinesh Kumar Sharma, judge of the Delhi High Court, has upheld the ban imposed by the Central Government on the Popular Front of India (PFI) and its affiliated organisations.It was on September 28 that the Ministry of Home Affairs declared the PFI and its associates or affiliates or fronts as "unlawful associations" with immediate effect for a period of 5...

Jammu & Kashmir High Court Permits Minor Rape Victim To Medically Terminate 30 Weeks Old Pregnancy

The Jammu and Kashmir and Ladakh High Court recently allowed the medical termination of a 30 week unwanted foetus, observing that while exercising the powers under Article 226 of the Constitution, a Constitutional Court has got wider powers than what is prescribed under Section 3(2) of the MTP Act of 1971.The directions were passed by Justice Sanjay Dhar while hearing a plea filed by a...

No Special Treatment Merely Because He's An Advocate: Bombay High Court Refuses To Stay Bar Council's Disciplinary Action Against Gunratan Sadavarte

The Bombay High Court on Tuesday refused to stay the disciplinary proceeding initiated against Advocate Gunratan Sadavarte by the Bar Council of Maharashtra and Goa for alleged misdemeanours.A division bench of Justices Gautam Patel and Neela Gokhale observed that Sadavarte won't be given any special treatment merely because he is an advocate and alleges the complaint is politically...

Madras High Court Grants Anticipatory Bail To BJP's Prashant Umrao In FIR Over Tweets Regarding Bihar Migrant Workers In TN

The Madras High Court has granted anticipatory bail to UP BJP Spokesperson Prashant Umrao in an FIR lodged by the Tamil Nadu police against him for allegedly spreading false information on the alleged attacks against the migrant workers from Bihar in Tamil Nadu.Justice GK Ilanthiraiyan granted anticipatory bail on the condition that Umrao will file an undertaking stating that he will to tweet...

2022 Assembly Polls: Gujarat High Court Summons BJP MLA Jitu Vaghani After AAP Candidate Accuses Him Of Creating "Misinformation" Amongst Voters

The Gujarat High Court on Monday issued summons to Bhavnagar (West) MLA Jitu Vaghani in an election petition filed by Aam Aadmi Party (AAP) leader Raju Solanki alleging distribution of false pamphlets by Vaghani and his supporters in Bhavnagar (West) constituency during December 2022 Assembly elections, to create misinformation the voters. The single judge bench of Justice Rajendra M....

[RTI Act] Second Appeal By PIO Maintainable Even If He Did Not File First Appeal U/S 19(1): Karnataka High Court

The Karnataka High Court has set aside the order passed by the Karnataka State Information Commissioner dismissing the second appeal filed by Public Information Officer, on the ground that the petitioner being the PIO cannot maintain the second appeal under Section 19(3) of the Right to Information Act.A single judge bench of Justice K S Hemalekha partly allowed the petition filed by the...