Gangubhai Kathiawadi Movie : Bombay High Court Stays Defamation Proceedings Against Alia Bhatt, Sanjay Leela Bhansali And Others

The Bombay High Court on Wednesday confirmed the stay on defamation proceedings initiated against makers of the film Gangubai Kathiawadi as the complainant was prima facie unable to show that he was Gangubai's adopted son.While admitting the petition under section 482 of the CrPC filed by lead actor Alia Bhatt, Sanjay Leela Bhansali and others, Justice SK Shinde observed that prima facie...

'Cow Exhales Oxygen', 'Skin To Skin' , 'Will You Marry Her' & Other Controversial Judicial Remarks Of 2021

In 2021, there were certain bizarre and astonishing remarks made by judges, which created widespread public controversies. Here is a look at some of them.'Cow the only animal which exhales oxygen' : Allahabad High CourtWhile deciding a bail application in a case for cattle slaughter, Justice Shekhar Kumar Yadav of the Allahabad High Court opined that cow should be declared as the national...

Supreme Court Monthly Digest: October 2021 [Citation: LL 2021 SC 525 To LL 2021 SC 616]

1. Forcing Party To Undergo DNA Test Against Will Impinge On Personal Liberty & Right To Privacy[Case: Ashok Kumar v. Raj Gupta and others; Citation: LL 2021 SC 525]The Supreme Court observed that forcing an unwilling party to undergo DNA test impinges on personal liberty and right to privacy. A bench comprising Justices R Subhash Reddy and Hrishikesh Roy. "observed, "In circumstances...

100 Major Supreme Court Judgments Of 2021 [Part 2, Judgments 53-75]

This is the second part of the article. The first part covered 52 judgments delivered from January to June. This part includes judgments(53-75) delivered from July to October. The third part will cover judgments (76-100) from October to December. Read the first part here and the third part here.53. 'Delhi Can Ill-Afford Another Riots; Role Of Facebook Must Be Looked Into': Supreme Court...

Section 482 CrPC - High Court Can't Pass Adverse Orders Or Observations Against Third Party Who Is Not Before It : Supreme Court

The Supreme Court has recently observed that the High Court in a petition for quashing filed by the accused u/s 482 CrPC cannot issue directions for proceeding against a third party who was neither before the Court and nor was given any opportunity before passing the order.The bench of Justices AM Khanwilkar and CT Ravikumar was considering a special leave petition assailing Punjab and...

"Reversal Of Acquittal Is Permissible Only If Trial Court's View Is Not Only Erroneous But Also Unreliable & Perverse" Supreme Court Reiterates

In a matter of reversal of Trial Court's acquittal order by the High Court, the Supreme Court of India has reiterated that the reversal of acquittal is permissible only if the view of the Trial Court is not only erroneous but also unreasonable and perverse.A Bench comprising Justice Vineet Saran and Justice Aniruddha Bose made the observation in a criminal appeal filed against Calcutta...

'Reasonable Restriction' : Bombay HC Upholds COVID Test Mandate For Employees Refusing Vaccination

The Bombay High Court has upheld a circular issued by the Mumbai Port Trust (MPT) mandating RT-PCR tests every 10 days for unvaccinated employees. The Court held the test mandate was a reasonable restriction on their fundamental rights. The court observed that those avoiding the covid jab are placing themselves at a higher risk of contracting and transmitting the virus. "While...

'Vulgarity During Court Proceedings': Madras HC Initiates Contempt Action Against Lawyer

In the aftermath of video clippings of one of the lawyers logged in the virtual court engaging in eroticism with a woman went viral, Madras High Court has registered a suo motu criminal contempt proceedings. About the incident that occurred in the court of Justice G.K Ilanthiraiyan, a Division bench of Justice P.N. Prakash and Justice R. Hemalatha noted: "This Court cannot afford...

'BR Ambedkar Must Be Turning In His Grave Seeing How Judicial Independence Is being Trampled With': MP John Brittas In Rajya Sabha

"The key framer of the Constitution and the first law minister- Dr. B. R. Ambedkar- would be turning in his grave, seeing how judicial appointments are being made and how the independence of the judiciary is tampered with," Kerala MP John Brittas has said in the Parliament."It is true that Ambedkar was not in favour of prohibiting Supreme Court and High Court judges from taking up office...

'Had Sought Default Bail Like Sudha Bharadwaj' : 8 Bhima-Koregaon Accused Approach Bombay HC Claiming 'Factual Error' In Judgment

Eight accused in the Bhima Koregaon-Elgar Parishad case denied default bail have re-approached the Bombay High Court claiming to have exercised their right to default bail well within the stipulated period.It may be recalled that the High Court had granted default bail to lawyer-activist Sudha Bharadwaj, an accused in the case, on the ground that the Pune Sessions Court was not competent...

How Supreme Court Protected Press Freedom In 2021

2021 was a year where India retained its low ranking of 142 out of 180 countries, as in the year before. Reporters Without Borders (RSF), a French NGO which prepared the Global Press Freedom Index said, "India is one of the world's most dangerous countries for journalists trying to do their job properly".2021 was also a year where one saw the Supreme Court making crucial and timely interventions to protect journalists who were facing threats and criminal law process for doing their...

Explained: How Centre's Bill Seeks To Raise Age Of Marriage For Women As 21 Years Uniformly Across All Religions

The Union Minister for Women and Child Development Smriti Irani introduced in the Lok Sabha today the" Prohibition of Child Marriage (Amendment) Bill, 2021", which seeks to increase the age of marriage for women to 21 years across all religions. The Minister said that the bill will amend the provisions of the Indian Christian Marriage Act 1872, the Parsi Marriage and Divorce Act 1936,...