DNA Tests Can Violate Privacy Right, Can't Be Directed As Matter Of Course; Section 112 Evidence Act Protects Children : Supreme Court

The Supreme Court recently set aside a decision of a High Court allowing DNA testing to determine the paternity of two children to verify a claim made by their mother that she had been "forced to cohabit and develop a physical relationship" with her brother-in-law. This appeal had arisen out of a dowry harassment case in which the complainant had lodged a first information...

'The Idea Of 'Basic Structure' Was Advocated For The First Time in India In Golaknath Case By Barrister M.K. Nambiar': Chief Justice UU Lalit

Meloth Krishnan Nambyar planted the seeds of "such fundamental and basic ideas", which although did not receive the imprimatur of the highest court of the land immediately, have resulted in "a huge banyan tree", under the shadow of which, every citizen can have solace and say with thanks, "It is for your efforts that the constitutional history has brought us here", said Chief Justice...

Anticipatory Bail Cannot Be Granted Merely Because Custodial Interrogation Is Not Required ; Court Should Consider Prima Facie Case: Supreme Court

The Supreme Court observed that an anticipatory bail cannot be granted merely because custodial interrogation is not required.The first and foremost thing that the court hearing an anticipatory bail application should consider is the prima facie case put up against the accused, the bench of Justices Surya Kant and JB Pardiwala observed.The court was considering an appeal...

'Never Heard Of Judges Suspending Acquittal In A Special Saturday Hearing': Senior Advocate Kapil Sibal On Supreme Court Order In Prof. GN Saibaba Case [VIDEO]

Senior Advocate Kapil Sibal on Friday said that the recent order of the Supreme Court, suspending Bombay High Court's verdict discharging former Delhi University professor G N Saibaba and others in alleged Maoist links case, in a special Saturday hearing, was unheard of.Commenting on the issue of roster and listing of cases, Sibal said the sensitive cases "involving" the Government would only...

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Avail a one year LiveLaw Premium Subscription with 25% off at just INR 1499+GST per year.Limited time offer ! Subscribe Now - livelaw.in/pricingHigh Courts Half Yearly Digests [January To June] Free With LiveLaw Premium SubscriptionAllahabad High Court Half Yearly Digest: January to June 2022 [Citation 1- 306]Bombay High Court Half Yearly Digest: January To June 2022 [Citations 1 -...

Not A 'Show Of Affection By An Uncle': Supreme Court Sets Aside Anticipatory Bail Granted By Kerala HC To POCSO Accused

The Supreme Court said that it is really disturbed with some observations made by Kerala High Court in an order granting bail to a man accused of sexually assaulting his minor neice.The Apex Court bench was referring to these observations made by the Kerala High Court : "Though on the one side, there is a possibility of such hugs and kisses being manifestations of affection by ...

Courts This Week-A Weekly Round Of Important Legal Developments [Episode-136]

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Endosulfan | Supreme Court Asks Registry To Send Reminder To DLSA To Submit Report On Medical Facilities For Victims

In a contempt plea preferred by victims of Endosulfan alleging failure on the part of State of Kerala to disburse 5 lakhs compensation, the Supreme Court, on Friday, asked the Registry to address a reminder to the Secretary of the District Legal Services Authority, Kasaragod to submit their report, which they were to place before the Court pursuant to the order dated 18 August 2022....

Standard Of Pre-Existing Dispute Under IBC Is Not Equivalent To Principle Of 'Preponderance Of Probability': Supreme Court

The Supreme Court Bench, comprising of Justice K.M. Joseph and Justice Hrishikesh Roy, while adjudicating an appeal filed in Rajratan Babulal Agarwal v Solartex India Pvt. Ltd. & Ors., has held that the standard with reference to which a case of a pre-existing dispute under the IBC must be employed, cannot be equated with the principle of preponderance of probability, which...

Bombay High Court Prohibits Public Feeding Of Stray Dogs In Nagpur, Says People Who Want To Feed Street Dogs Must Adopt Them

The Bombay High Court's Nagpur bench on Thursday issued a slew of directions regarding feeding of stray dogs and also directed civic officials and the police to take "stern action" against anyone obstructing them acting against the menace of stray dogs.The court ordered that people interested in feeding strays must first formally adopt them and only feed them inside their homes. The...

Cricket Associations Are Run On Business Lines, Their Claim For Income Tax Exemption As "Charitable Purpose" Requires Scrutiny : Supreme Court

The Supreme Court has observed that the claim of State Cricket Associations for income tax exemption on the ground of "charitable purposes" require deeper scrutiny as their activities are run on business lines.A bench comprising Chief Justice of India UU Lalit, Justice S Ravindra Bhat and Justice PS Narasimha allowed the appeals filed by the revenue department and directed the Income...

Bharat A Secular Nation, There Can't Be Fraternity If Different Communities Can't Live In Harmony : Supreme Court

The Supreme Court of India on Friday reminded that there cannot be fraternity unless members from different religions/castes are able to co-exist harmoniously. Highlighting this, a Division Bench of Justices KM Joseph and Hrishikesh Roy observed, "The Constitution of India envisages Bharat as a secular nation and fraternity assuring the dignity of the individual and unity...