Justice Markandey Katju Demands Ordinance To Permit Jallikattu

In a letter addressed to President Pranab Mukherjee, former Supreme Court Judge Markandey Katju has demanded promulgation of an Ordinance amending the Prevention of Cruelty to Animals Act, and thereby permitting bull taming sport Jallikattu, albeit with safeguards prohibiting cruelty to the bulls.“There has to be a balance in such matters. An animal cannot be placed on the same footing as...

Prosecution For Offence Under Sec. 182 IPC Without Formal Complaint By Public Servant Void Ab Initio: SC [Read Judgment]

The Supreme Court, in Saloni Arora vs. State, has reiterated that in order to prosecute an accused for an offence punishable under Section 182 IPC, it is mandatory to follow the procedure prescribed under Section 195 of the Code else such action is rendered void ab initio.A bench comprising Justice AK Sikri and Justice AM Sapre observed that such a position is settled in the case of Daulat...

Govt Proposes New Rules To Regulate Dog Breeders [Read Draft Rules]

Much to the relief of animal lovers, the Environment Ministry has published draft rules to regulate dog breeders across the country, in order to make them and their marketers accountable. The rules seek to prevent infliction of cruelty on animals, often at the receiving end of the mushrooming business.The draft rules mandate registration of all dog breeders with respective State Animal...

Dalits Be Allowed Entry In Jaunsar-Bawar Temples: Uttarakhand HC [Read Judgment]

The High Court of Uttarakhand on Saturday observed that if any member of general public or any other section is allowed entry into the Temples in the Jaunsar-Bawar Region in Chakrata Tehsil, Dehradun District, then no members of the Dalit Community can be discriminated against.The Bench comprising Chief Justice K.M. Joseph and Justice Alok Singh observed, “Therefore, the principle which...

No Transfer Of Land Belonging To Sitarganj ‘Open Air’ Jail: Uttarakhand HC [Read Judgment]

We can borrow the ideas from developed countries, how they run their jails, including open air jails, more particularly in Scandinavian countries, the court said.Restraining the state from transferring any land belonging to the Sampurnanand Shivir (Central Jail) to any private individuals, the Uttarakhand High Court has endorsed the concept of open air jail as it provides better...

Uttarakhand HC Pulls Up State Police For Inaction, Directs Eviction Of Encroachers On Railway Land [Read Judgment]

The Uttarakhand High Court made its displeasure known over the “shocking” approach of the police authorities in Nainital for failing to provide adequate protection to the railway authorities while executing an order of eviction of encroachers on Railway land.The order for eviction of the encroachers was passed by the high court on November 9, 2016. The land concerned is located in...

No Illegality In Convicting Accused Under Sec. 354, 354A IPC Simultaneously: Delhi HC [Read Judgment]

In a recent case before the Delhi High Court, a very interesting question of law came up. The question was whether an accused can be punished under both Section 354 and 354A of IPC.The accused was the petitioner in T Manikadan v The State (Govt of NCT of Delhi) before the high court. He had been convicted for offence punishable under Sections 354/354A IPC and was directed to undergo...

Magistrate Can’t Order Investigation By SHO Of Police Station Outside His Territorial Jurisdiction: Delhi HC [Read Judgment]

The Delhi High Court has ruled that a magistrate cannot direct the officer in-charge of a police station to investigate a cognizable offence which is outside the jurisdiction of its local area.Justice Mukta Gupta in Nishu Wadhva Vs Sidharth Wadhva & Anr has examined various issues relating to a magistrate’s powers under Section 156(3) of the Code of Criminal Procedure.The court...

Consenting Adults Indulging In Sexual Relationship Are Fully Aware Of Consequences And Must Bear Results: Bombay HC [Read Judgment]

Discharging a man of rape charges, the High Court of Bombay recently relied on an earlier ruling, reiterating that two consenting adults consciously entering into a physical relationship are fully aware of the consequences, and must bear the same.“The prosecutrix at the time of filing the complaint was 30years old and was nearly 25 to 26 years old when the first incident of sexual...

Bombay HC Slams BJP MLA For Filing PIL Even Before Approaching Police

The Bombay High Court in recent times is making attempts to discourage frivolous litigation.In a few instances, costs have been imposed on litigators for filing such PILs and petitions. Also, many petitioners are directed to deposit a certain sum with the HC registry in order to filter out any malafide litigation.In another such instance, a bench of Justice AS Oka and Justice Anuja...

When Indian Citizen Does Offence In India & Abroad, More Than One Court Can Have Jurisdiction: Delhi HC [Read Judgment]

The Delhi High Court recently dealt with a case in which a charge sheet against the petitioner was filed in February last year for offence of conspiracy under IPC and offences under the Prevention of Corruption Act and the Passport Act.The offence committed was regarding renewal of a fabricated passport and photograph on a fake address - first of all in Bangalore, India, and subsequently...

NHRC Notice To Gujarat IG-Prisons On Reports Of Victimisation Of Dalit Prisoners

Taking suo moto cognisance of media reports alleging victimisation of Dalit prisoners by upper caste inmates in Amreli district jail in Gujarat, the National Human Rights Commission has issued a notice to the IG (Prisons), Gujarat. The commission has directed the IG to submit a report on the matter within six weeks.The commission stated that such instances undermined the spirit of...