Conviction cannot be suspended to facilitate Contesting Election: Patna High Court [Read Judgment]

The Patna High Court Single Bench, Justice Ashwani Kumar Singh, dismissed an Interlocutory Application for stay on conviction, in a Criminal Appeal preferred by Ram Naresh Rai who had incurred disqualification for being chosen as a Member of the Bihar Legislative Assembly. At the time when judgment of conviction was passed the appellant was a sitting Member of Bihar Legislative Assembly. Due...

Practicing Doctors working as full-time Faculties: Bombay HC confirms disciplinary action initiated by Medical Council of India [Read Judgment]

The Bombay High Court Division Bench comprising of Justices S.C.Dharmadhikari and B.P.Colabawalla dismissed Writ Petitions involving common challenge to the orders of Medical Council of India (MCI) and Maharashtra Medical Council (MMC) against doctor-petitioners for breach of professional code of ethics. All the petitioners who had allegedly furnished false information regarding appointment...

Movie Review; TALVAR - An Indictment of the Indian Legal System?

The Hindi movie ‘Talvar’ ,released on 02.09.2015, has brought alive the ghosts of the infamous ‘Arushi Talwar- Hemraj’ double murder case of 2008 into public discussion again. On 16.05.2008, 14 year old Arushi Talwar was found dead in her bedroom in her Noida apartment, and the dead body of the domestic help Hemraj was discovered at the terrace of the apartment next day. The CBI...

Google Book scanning project not illegal : US Appeals Court

US Appeals Court held that Google book scanning Project is not illegal. Affirming the judgment by the Court below, Leval, Judge U.S. Circuit Court of Appeals in New York, held that (1) Google’s unauthorized digitizing of copyright-protected works, creation of a search functionality, and display of snippets from those works are non-infringing fair uses. The purpose of the copying is...

WCD Ministry invites comments on Model Social Audit Formats for monitoring and evaluation under the Juvenile Justice (Care and Protection of Children) Act, 2000

The Juvenile Justice (Care and Protection of Children)(JJ) Act, 2000 provides for monitoring and evaluation of functioning of structures under the Act through Social Audit. Clause 36 of the JJ Act, 2000 states that the Central Government or State Government may monitor and evaluate the functioning of the Children’s homes at such period and through such persons and institutions as may...

#NJAC Judgment is welcome, especially at a time when the government is seeking to control various independent accountability institutions;Prashant Bhushan

The issue of judicial appointments has been a vexed problem. Initially the power was with the government who only needed to consult the Chief Justice. This led to politically committed judges being appointed. In 1993, Supreme Court after holding that the independence of the judiciary which was part of the basic structure of the Constitution was being compromised by the government primacy...

#NJAC Unconstitutional ; Constitution Bench [4;1] [Read Judgment] [Updated]

The Constitution Bench of the Supreme Court declared National Judicial Commission (NJAC) Unconstitutional as it violates Basic Structure of Constitution of India by 4;1 Majority. Justices J S Khehar, MB Lokur, Kurian Joseph and Adarsh Kumar Goel declared the 99th Amendment and NJAC Act unconstitutional while Justice Chelameswar upheld it.Here is the Conclusions of the Majority Judgment...

Acquittal of man accused of Rape and Murder of 12 year old girl upheld by SC [Read Judgment]

Supreme Court on Thursday, dismissed an appeal filed by father of a deceased rape victim against the acquittal by High Court. Apex court Bench of Justices Pinaki Chandra Ghose and R.K. Agrawal held that prosecution could not prove the guilt of the accused by any cogent evidence and, therefore, it is difficult to hold that it was the accused who committed rape upon the deceased and...

No Copyright subsists in the “title” of a literary work: Supreme Court [Read Judgment]

The Supreme Court in a landmark judgment held that that no copyright subsists in the  title  of a literary work and a plaintiff or a complainant is not entitled  to  relief on such basis except in an action  for  passing  off  or  in  respect  of a registered trademark comprising such titles. The Hon’ble Apex Court was considering a criminal appeal preferred by Krishika Lulla...

Rs. 1000 for Urgent Circulation of Criminal Appeal; Bombay HC acquits its employee from Bribe Charges [Read Judgment]

The Bombay High Court employee, Sridhar Chavan, was acquitted of corruption charges against him owing to illegalities involved in trap along with inconsistencies in the prosecution evidence.Chavan who was a Chobdar in the High Court establishment in his criminal appeal against the order of the Special Judge for Greater Mumbai had assailed his conviction under Section 7 and section 13(2) read...

SC lifts ban on dance performances in Maharashtra bars and hotels; permits authorities to impose regulations [Read Today's Order]

In a significant order, the Supreme Court today stayed the 2014 amendment of Maharashtra Police Act which banned dance performances in various places including bars in the state.A bench headed by Justice Dipak Misra however gave power to licensing authorities to regulate "indecent" performances."Dignity of women should be protected and it was the duty of the state police to ensure that it...

SC dismisses plea for beef ban case to be heard in Jammu

The Supreme Court on Wednesday dismissed a Petition seeking a direction that the hearing on the beef ban in Jammu and Kashmir be heard by a three-judge Bench of the high court at Jammu instead of the Srinagar Bench of Jammu and Kashmir High Court.The Petitioner, Parimoksh Seth, had sought the hearing be either held at Jammu or outside the State. In view of the conflicting orders on the beef...