Trial Judge alleges Jayalalitha and co-accused carrying out fraud on court

A Trial Court in Bangalore alleged that Tamil Nadu Chief Minister Jayalalitha and her Co-Accused in the Rs 66.65-crore disproportionate assets case are carrying out a “fraud on the court’’ through suppression of material facts and by misleading the court.As per the Indian Express report Special Trial Judge John Michael Cunha has made theis allegations in the course of an order passed on...

High Court cannot endevour a hyper-technical approach for quashing FIR; SC [Read the Judgment]

Supreme Court has recently ruled that High Court shall not quash the FIR if the averments in the complaint would prima facie make out a case for investigation by the authority.In Mosiruddin Munshi v. Md. Siraj & Anr (crl appl. 1168/2014) a two judge bench comprising of Justice T.S. Thakur and Justice C. Nagappan held that High Court cannot endevour a hyper-technical approach for quashing...

A Non-Muslim woman who converts to Islam after marriage but reconverts to her original faith can dissolve the marriage on the ground of apostasy: Delhi HC [Read the Judgment]

The Delhi High Court granted divorce under the Dissolution of Muslim Marriages Act 1939 on the ground of apostasy. Further the court held that there is no requirement for a woman who leaves the pale of Islam to prove her act in a trial. A non-Muslim woman who converts to Islam after marriage but reconverts to her original faith can dissolve the marriage on the ground of apostasy.The...

One Junior is enough to assist the Defence Counsel in In-Camera rape case trials; Bombay HC [Read the Judgment]

Bombay High Court has ruled that so many advocates cannot be permitted to remain present in court in an in-camera rape trial. Court has taken a view that a single junior advocate is enough to assist the defence counsel.A single Bench of Justice A.I.S. Cheema at Aurangabad was hearing a revision petition in Dr. Suyog v. State of Maharashtra (Crl Rev Appl no.48/2014) filed by an Accused against...

RIL Serves Arbitration Notice to the Government; Demands Implementation of Revised Gas Prices

Reliance Industries on May 9, took a step similar to the telecom major Vodafone which served an arbitration notice on the government in the Rs. 23,800- crore tax dispute. RIL in conjunction with its partners BP and NIKO, issued a notice to the Government of India, demanding implementation of the revised price for gas produced from the Krishna- Godavari basin (KG-D6), off the Andhra Pradesh...

SC quashes Criminal Prosecution against 'in-laws' initiated under 498A, 506 (II) and Section 4 of the Dowry Prohibition Act

Supreme Court has quashed the Criminal Prosecution initiated by daughter -in-law against father -in-law and mother-in-law under 498A, 506 (II) and Section 4 of the Dowry Prohibition Act 1961 holding that the same is instituted to harass them. The case arises from Madhya Pradesh High Court, which refused to quash the Criminal Prosecution in exercise of power under Section 482 of...

Bombay High Court stayed the release of movie 'Rahasya' till June 13

Bombay High Court on Friday has stayed the release of the movie 'Rahasya', which is allegedly based on the Aarushi Talwar murder case.A Division Bench comprising of Justice VM Kanade and Justice Anil Menon was hearing a petition by filed by Rajesh Talwar and his wife Nupur Talwar opposing the release of movie saying that it is based on “a distortion of facts surrounding the gruesome murder...

Detention for a period of twelve months at a stretch under 'Goonda Act' is violation of detenu's rights; SC

Supreme Court has observed that passing a detention order under the Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Goondas, Immoral Traffic Offenders and Land Grabbers Act, 1986 for a period of twelve months at a stretch, without proper review, is deterrent to the rights of the detenu.A two Judge Bench comprising of Justice Ranjana Prakash Desai...

SC lifts stay on nursery admissions in Delhi [Read the Judgment]

Supreme Court today lifted the stay on nursery admissions in the National Capital Territory of Delhi and asked the government to admit 24 students under the inter-State transfer category.In an appeal (Civil Appeal No.5379-5380/2014) a three Judge Bench comprising of Justice H.L. Dattu, Justice M. Y. Eqbal and Justice S. A. Bobde quashed the Delhi government notification issued on February 27...

Issues and Findings in the Mullaperiyar Judgment

The following are the issues framed and the findings of the Constitution Bench in the Mullaperiyar Case 1. Whether the suit is maintainable under Article 131 of the Constitution of India.Court's finding- The suit filed by the State of Tamil Nadu is maintainable under Article 131 of the Constitution.2. (a) Whether the Kerala Irrigation and Water Conservation (Amendment) Act 2006...

SC asks BSES to pay NTPC by May 31; says NTPC can cut power to Delhi distributor on failure of payment

Overturning an earlier Court order that despite the outstanding bill, NTPC should keep power flowing, a Supreme Court Bench of Justices Surinder Singh Nijjar and A K Sikridirected, that if Reliance Infrastructure-owned BSES discomsfails to clear dues worth rupees 690-crore by May 31, the state-owned power generator NTPC could cut power supply to Delhi’s two BSESdistribution companies. The...

Post Script – Sahara Story

The Supreme Court while dismissing the Writ Petition filed by Subrato Roy, has recorded a Post Script as tail end their judgment, which expresses the anguish and despair of Judiciary at the present day order of litigation in the Country.Justice J. S Kehar writing the Judgment on Behalf of a Two Judge Bench also comprising of Justice K. S Radhakrishnan recorded the Post Script as...