Hearing of ex- Supreme Court judge Defamation plea adjourned to May 22

The Delhi High Court has said that the defamation suit filed by former Supreme Court judge Swatanter Kumar against a woman lawyer and some media houses will not be heard, until the plea for transfer of the case to Bangalore City Civil Court is decided by the Supreme Court.The matter was adjourned to May 22 by Justice Manmohan Singh, reportedly directing the woman lawyer’s counsel to...

Non-bailable warrants should be issued after exhausting other options: Nagpur Bench of Bombay High Court

The Nagpur Bench of the Bombay High Court, in a judgment on May 6 ruled that Non-bailable warrants (NBWs) should be issued against defaulters only after exhausting other remedies available under law to recover arrears. It subsequently quashed a warrant issued against a man for failing to pay interim maintenance to his wife.Petitioner, Mr. Sachin Bodhale, filed this petition under Article 227...

Activist Irom Sharmila allowed to appear before a Delhi Trial Court

Human Right Activist Irom Sharmila, who is undergoing a prolonged hunger strike, is allowed appear before a Trial Court in Delhi on May 27, 2014.Chief Judicial Magistrate Court at Imphal had given permission to her as the Delhi court had ordered her appearance in connection with her protest at Jantar Mantar. In 2006, she landed at Jantar Mantar in connection with her Hunger Strike and...

The President gives assent to the Whistleblowers’ Protection Act,2014

The President of India, Shri Pranab Mukherjee, has given assent to the Whistle blower’s Protection Act, 2014. The Bill was passed by the Lok Sabha on 27 December 2011 and by the Rajya Sabha on 21 February 2014.The Act aims at providing a mechanism to encourage persons to disclose information on corruption or willful misuse of power by public servants, including Ministers. Adequate...

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...