Person Outside India Can File Anticipatory Bail Application; But Before Final Hearing, Accused Must Be In India : Kerala High Court

The Kerala High Court has held that Section 438 of the Code of Criminal Procedure has no restrictive mandate that a person outside India cannot file an application seeking anticipatory bail. The only limitation is that prior to the final hearing, the applicant must be inside the country to enable the court to impose and enforce conditions contemplated under the statutory...

Midnight Hearing At Judge's Residence : Madras High Court Restrains AIADMK General Council From Passing Any Resolution

The Madras High Court conducted a midnight hearing to decide upon the appeals preferred by M Shanmugham, AIADMK's general council member against the single judge order passed earlier in the day where the single judge refused to restrain the party from making any amendments to its bye-laws. The appeals were heard by Justice Sunder Mohan and Justice Duraiswamy at the former's residence. The...

Maharashtra Political Crisis : Plea In Supreme Court Seeks To Ban MLAs Who Defect Or Resign From Elections For 5 Years

Amidst the political crisis unfolding in Maharashtra, an application has been filed in the Supreme Court seeking to restrain the MLAs who are disqualified or have resigned from contesting elections upto five years from the date of their resignation or disqualification.The relief has been sought in a new application filed in a pending writ petition preferred by Congress Leader Jaya Thakur...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-121]

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What The Dark Clouds Bring – Just Not Storm But Rain!

On June 13, Sriram Panchu wrote an article, for The Wire, captioned ' Thanks to Our Judges, Darkness Now Clouds India's Mediation PlayingField', Mr. Sriram is truly a shining star in the mediation firmament that dark clouds cannot still dim his effulgence. He writes with compelling logic and if he alludes to the higher judiciary as casting dark clouds, it cannot be brushed easily. Normally, one would believe that he has cross checked on facts about what he writes and therefore,...

Demolitions Not Punitive Actions Against Rioting But For Violations; Due Process Of Law Followed : UP Govt Tells Supreme Court

The State of Uttar Pradesh has submitted before the Supreme Court that the recent demolitions carried out in Kanpur and Prayagraj were done by Local Development Authorities strictly in accordance with the Uttar Pradesh Urban Planning and Development Act, 1973. The submissions have been made by the State through its affidavit filed response to the applications filed by Jamiat...

Posting Anticipatory Bail Plea After 2 Months Can't Be Appreciated : Supreme Court Criticises High Court

Stating that "in a matter involving personal liberty, the Court is expected to pass orders in one way or other taking into account the merits of the matter at the earliest", the Supreme Court has observed that "posting an application for anticipatory bail after a couple of months cannot be appreciated". The bench of Justices C. T. Ravikumar and Sudhanshu Dhulia was hearing an SLP against a June...

State Constitution Does Not Provide A Fundamental Right To Abortion: lowa Supreme Court

The Supreme Court of the State of Iowa (in the United States of America) has held that the State Constitution is not a source to claim abortion as a fundamental right. In holding so, it has overruled its own decision rendered four years back in Planned Parenthood of the Heartland v. Reynolds (PPH II) (2018) ('PPH II'), wherein it was ruled that right to abortion is a fundamental right...

Explainer : How The President Of India Is Elected?

As the term of office for President Ram Nath Kovind is ending on July 24, an election to fill this impending vacancy will be held on July 18. Over a week after the announcement of the upcoming Presidential Election by Chief Election Commissioner Rajiv Kumar, the aspiring candidates have started seeking nomination for the forthcoming Presidential elections 2022. As per the information issued...

Supreme Court Quarterly Digest 2022- Labour & Service Laws (Jan-March)

Administrative Law - Natural Justice - Importance of natural justice and an opportunity of hearing to be afforded to the affected party in any administrative or quasi­ judicial proceedings. (Para 28) Esteem Properties Pvt. Ltd. v. Chetan Kamble, 2022 LiveLaw (SC) 226 Administrative Law - Natural Justice - Importance of natural justice and an opportunity of hearing to be afforded to...

Karnataka High Court Quarterly Digest: January To March 2022 [Citations 1 - 97]

Nominal Index: PS Mohan v. State Of Karnataka. 2022 LiveLaw (Kar)1 Dr. R. Chandrashekara v. State Of Karnataka. 2022 LiveLaw (Kar) 2 Malappa @Malingaraya v. State of Karnataka. 2022 LiveLaw (Kar) 3 Anish Mohammed Rawther v. The Deputy Director, Enforcement Directorate. 2022 LiveLaw (Kar) 4 Chepudira Madaiah v. Mallengada Chengappa. 2022 LiveLaw (Kar) 5 Bandenawaj v....

CJI Ramana Calls For Balance In Geography Of International Arbitration Between Developed & Developing Countries

On Tuesday, in his inaugural address delivered at the Annual Meet of Indo-German Chamber of Commerce on "Arbitration in a Globalised World - The Indian Experience" at Dortmund, Germany, the Chief Justice of India, N.V. Ramana highlighted the significance of balancing the geography of international arbitration, which is at present concentrated around places like Singapore, London, Paris...