Judge is expected to remain sensitive when a child of tender age is examined as Witness: Delhi HC [Read Judgment]

Delhi High Court has recently held that the Presiding Officer is expected to remain sensitive when a child of tender age is under examination. The Court has made the above observation while dismissing an Appeal filed by Accused Hazari Paswan against his conviction and sentence for offence punishable under Section 10 of POCSO Act and sentenced to undergo RI for five years with fine...

High Courts Weekly Round-Up

Calcutta High CourtThe High Court of Calcutta on Wednesday denied reinstatement of a Policeman, despite him being acquitted in a criminal trial. The Bench noted the absence of any provision under the Police Regulations, empowering the authorities to reinstate the person in service after he has been found guilty in a departmental enquiry, only because he has been exonerated in a criminal...

Provisions of a Central legislation struck down by a High Court cannot be selectively applied in other States: Madras HC

There is no question of applicability of provisions struck down by the High Court as of now until and unless the Hon'ble Supreme Court upsets the Judgment or stays the operation of the Judgment, the Bench said.The Madras High Court has made an important observation in Dr. T. Rajakumari vs. The Government of Tamil Nadu that, once a High Court has struck down the provisions of the Central Act,...

Refrain from restricting LLM students from practicing law simultaneously: Delhi HC to DU

The High Court of Delhi has questioned the Delhi University’s practice of demanding an affidavit to secure admission to the two-year LLM course. The five-decade old system requires submission of an affidavit stating that the students will not practice or undertake employment while enrolled for the course.“The Bar Council of India, which regulates the legal profession, allows advocates to...

A Policeman, who was dismissed from Service is not entitled to reinstatement on his acquittal in a criminal case: Calcutta HC [Read Judgment]

The High Court of Calcutta on Wednesday denied reinstatement of a Policeman, despite him being acquitted in a criminal trial. The Bench comprising Justice Rakesh Tiwari and Justice Nishita Mhatre noted the absence of any provision under the Police Regulations, empowering the authorities to reinstate the person in service after he has been found guilty in a departmental enquiry, only because...

Media vs Lawyers: Court restrains ‘Mathrubhumi’ channel from telecasting programme which allegedly defames Lawyers

In a latest development in Lawyers vs. Media tussle in Kerala, the Munsiff Court, Thiruvananthapuram, in a suit filed by an Advocate, has restrained ‘Mathrubhumi News’ channel from re-telecasting its satire program ‘Vakradrishti’.Advocate G. Muraleedharan, aggrieved by the visuals in ‘Vakradrishti’, which compared him with Vettichira Dimonis, an Iconic comedy character played by...

‘Mini Trial’ to find out trustworthiness of a ‘rape victim’ before framing charge against accused, impermissible: Manipur HC

The court seems to have made roving enquiry by holding a mini trial to find out trustworthiness of the prosecutrix which was not at all permissible under the law, the Court observed.Terming a Trial Court order discharging a rape accused, as ‘patently illegal’, the Manipur High Court has observed that holding a mini trial before framing of charge in a rape case, to find out trustworthiness...

Media vs Lawyers: Kerala HC to hear Contempt Petition against Police and Journalists on Monday [Read Petition]

A Contempt Petition moved by Advocate JS Ajith Kumar has been listed for hearing on Monday before the Kerala High Court. According to the Petitioner, the Petition is moved to uphold the dignity, prestige, pride and credibility of the High Court of Kerala which he is prominent part. The petition is listed for hearing before the Chief Justice’s Court. Senior Advocate K. Ramkumar will be...

Gujarat HC grants Bail to an under-trial prisoner who is HIV Positive [Read Order]

Gujarat High Court has granted bail to an Accused who is suffering from HIV Positive (at the advance stage).  He was charge sheeted for the offences punishable under Sections 302, 201, 394, 120(B) and 34 of the Indian Penal Code.Senior advocate Mr. Nanvati who appeared for the applicant submitted that the applicant has been diagnosed with HIV Positive and he is undergoing treatment. He...

Lok Sabha to consider the Constitutional Amendment bill relating to GST next week

Rajya Sabha passed 5 Bills and Lok Sabha2 bills during the weekThe passing of the Constitution (One Hundred and Twenty Second Amendment) Bill, 2014 relating to Goods & Services Tax (GST) by huge consensus in the Rajya Sabha was the hallmark of the third week of Monsoon Session of Parliament. The amendments made by Rajya Sabha in the Constitution (One Hundred and Twenty Second Amendment)...

Media vs Police: More than 100 Lawyers move HC for Cop; Kerala HC stays proceedings

High Court of Kerala has stayed all the further proceedings against Sub-Inspector PM Vimodh (now under suspension) pursuant to FIRs in Crime numbers 668 and 669 of 2016 of the Town Police station, Kozhikode pending disposal of the Writ Petitions filed by him for quashing the FIR against him. The Petitions were moved by more than 100 Lawyers from Kerala High Court for and on behalf of...

Delhi HC slams Customs Department for disobeying Court orders, imposes 10,000 as costs [Read Order]

Delhi High Court on Wednesday slammed the Customs Department for disobeying High Court and Supreme Court rulings, on the issue of duty payable on imported goods.The Bench comprising Justice S. Muralidhar and Justice Najmi Waziri, noted it to be “another instance of open defiance of the law and the judgments of the Courts by a statutory authority vested with both the power and the...