Executive Clemency To Fugitive Is Mockery Of The Very Rule Of Law: Kerala HC [Read Judgment]

Executive clemency cannot be extended to a citizen who managed to scoff the process of court, the bench said.Upholding a single bench judgment, which had set aside a Governor’s order commuting the sentence awarded to an accused, who absconded for 26 years, the division bench of the Kerala High Court observed that executive clemency cannot be extended to a citizen who managed to scoff...

Court Can Disengage Counsel, On Opposite Party’s Plea, Only If It Doesn’t Jeopardise Client’s Interest: Kerala HC [Read Judgment]

Also if it finds that an examination of the advocate, as a witness in the case, is indispensable, the court held.The Kerala High Court in Kabeer vs. Nazrin, has held that a court, upon the request of an opposite party, can ask an advocate to relinquish his vakkalath only if it finds that an examination of the advocate as a witness in the case, is indispensable and it would not jeopardise...

Three members of the “Maoist” Kabir Kala Manch granted bail by the Supreme Court [Read Order]

Sachin Mali, Sagar Gorkhe and Ramesh Ghaichor of the Kabir Kala Manch (KKM) have been granted bail by the apex court. KKM is a culture troupe that was labelled as a Maoist group by Maharashtra police.These three were booked under Sections 387, 465, 467, 468, 471 read with Section 120 B of the Indian Penal code also punishable under Sections 18, 18(a), 18(b), 20, 38 and 39 of the...

Govt Servant, Who Has Begotten Child By Surrogacy, Entitled To Maternity Leave: Chhattisgarh HC [Read Judgment]

Right to life under Article 21 of the Constitution of India includes the right to motherhood and also the right of every child to full development, the court held.There cannot be any discrimination between a natural mother and a mother who has begotten child by surrogacy procedure, the Chhattisgarh High Court has observed while holding that a female government servant, who has begotten a child...

Post Demonetisation: CSES Sample Survey Finds 91% Still Outside The Ambit Of Cashless India

Would we be able to see the dream of attaining a cashless economy materialise soon or is it a utopian dream? A study conducted by Kochi-based think tank Centre for Socio-economic & Environmental Studies (CSES) suggests that the road to digital India is rather a bumpy one.The study on cashless transaction conducted in Ernakulam district of Kerela reveals that 91% of population in the...

Husband Can't Deny Maintenance to Wife, Kids Merely Because Wife Earns More

The Punjab and Haryana High Court has dismissed a petition against the decision of the district court, Pathankot, which granted the wife right to maintenance under the Hindu Marriage Act, 1955 even when she was earning more than her husband.The lower court had ordered the husband to pay Rs. 15,000 per month to the wife in order to meet the expenses of the two children, who were residing with...

Allahabad HC’s Encounter With A Bizarre Writ Petition Filed By Lawyer [Read Judgment]

The court requested Bar Councils to keep in mind these instances, whenever scrutiny is carried out for enrolling a person as an advocate.A Division Bench of Allahabad High Court encountered a grossly bizarre writ petition, the contents of which are incomprehensible with ‘normal standards of understanding’.The contents of the writ petition, which has been reproduced in its entirety in...

Drunken Driving By State Transport Bus Driver Is Grave & Serious Misconduct: Bombay HC [Read Judgment]

It is not expected of an employer to wait till such a driver commits an accident resulting in fatalities, the court observed.The Bombay High Court has observed that consuming liquor while on duty and performing the function of a driver of a state transport bus is a grave and serious misconduct and it is not expected of an employer to wait till such a driver commits an accident, resulting...

Bombay HC Tells Family Courts To Follow Law In Letter And Spirit [Read Judgment]

A division bench of Justice Abhay Oka and Justice GS Kulkarni of the Bombay High Court has cautioned family courts to follow the law in letter and spirit, while hearing matters of divorce with mutual consent.The bench was hearing an appeal filed by a 36-year-old woman against a judgment of the Principal Judge, Family Court, Mumbai.By the judgment dated June 20, 2015, her husband’s...

Dishonest Recording Of Court Proceedings Does Greatest Injustice: Delhi HC [Read Judgment]

It is human beings who are put to trial, and they deserved to be treated as human beings with the same dignity as any other person, the court said.A judge who does not honestly and fairly record the proceedings does the greatest injustice to the parties, the Delhi High Court has observed.Justice Vipin Sanghi made this observation while disposing of a transfer petition wherein a transfer of...

Delhi HC Cautions About Denial Of Justice In Hasty Decisions To Dispose Cases [Read Judgment]

We had often heard of the phrase that ‘Justice delayed is justice denied’ and this is one of the most serious problems of our justice delivery system.However, a division bench of the Delhi High Court recently gave a judgment, warning the judiciary to be cautious about being too zealous in dispensing the case, as this could also lead to denial of justice, as had happened in the appeal...

NHRC Notice To Chhattisgarh Govt On Cops Raping, Assaulting Tribal Women

The National Human Rights Commission, in a press release, has said that it found 16 Tribal women prima facie victims of rape, sexual and physical assault by the state police personnel in Chhattisgarh.The Commission said there were 20 more victims and their statements were yet to be recorded.The NHRC issued a notice to the Government of Chhattisgarh to show-cause why it should not...