Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court

In a significant development, the Calcutta High Court on Thursday observed that a prior sanction for prosecuting public servants is required before setting in motion even the investigative process under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC). The Court was adjudicating upon an appeal moved by former IPS officer Nazrul Islam seeking initiation of criminal proceedings...

Reservation in Promotions: Supreme Court Holds Cadre As Unit For Collecting Quantifiable Data On Adequacy Of Representation; Collection Of Data On Entire Service Meaningless [Updated With Judgment]

The Supreme Court on Friday delivered the judgment in the issue relating to reservation in promotions for Scheduled Castes and Scheduled Tribes. Centre and States had urged the Supreme Court to settle the confusion regarding the norms for reservation in promotions saying that several appointments have been stalled due to ambiguities.A Bench of Justices L Nageswara Rao, Sanjiv Khanna and...

'NIA Recorded Inadmissible Confessions In Anxiety To Wrap Up The Case': Kerala High Court While Acquitting Accused In Twin Blast Case

The Court also found that there was no reliable evidence to incriminate them accused beyond reasonable doubt.

"Painful To See Sexual Harassment In Judiciary": Indira Jaising Seeks Reinstatement Of Resigned Woman Judge Who Complained Against HC Judge

Jaising argued before the Supreme Court that the judge had to resign due to compelling circumstances.

POSH Act Applicable To Girl Students Of A School: Calcutta High Court

The Calcutta High Court on Monday observed that the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (2013 Act) is applicable to girl students of a school.A Bench comprising Justice HarishTandon and Justice Rabindranath Samanta placed reliance on the definition of 'aggrieved woman' as provided under Section 2 (a) of the 2013 Act...

When Judgment Debtor Pleads 'No Means', Execution Court Must Conduct Enquiry Before Issuing Arrest Warrant : Kerala High Court

The Kerala High Court has recently held that if a judgment debtor appears before the court when served with a notice and contends that he has no means to pay off the decreed debt, the Court is bound to enquire into this contention before issuing a warrant of arrest under Order XXI Rule 40 of the Civil Procedure Code.Justice A. Badharudeen was exploring the procedure to be followed before...

Prisoner Has No Fundamental Right To Conjugal Relationship As A Course; May Seek For 'Specific Purpose' Like Infertility Treatment: Madras HC

"The specific purpose may be infertility treatment or some similar reason, but it should not be construed to be a fundamental right for having conjugal relationship as a course", the larger bench clarified in the reference made by the Division bench

73rd Republic Day: The Promise of Purna Swaraj

The 26th of January every year is celebrated as the Republic Day- to commemorate the adoption of the Indian Constitution which came into effect on this day in the year 1950. In Indian political history, three dates hold special significance- 15th August, 1947 the day on which India won Independence; 26th November, 1949 as the day on which the Constitution of India was adopted by the Indian Constituent Assembly and 26th January, 1950 the day on which the Constitution came into...

'What Harm In Teaching Hindi As A Third Language?' Madras High Court Asks Tamil Nadu Government In Plea For NEP Implementation

In a plea filed for implementation of National Education Policy (NEP), 2020 in the State of Tamil Nadu, Madras High Court has orally observed that it wouldn't be harmful if Hindi is taught in educational institutions as a third language, along with Tamil and English. The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu has ordered notice in...

How Supreme Court's Interventions Led To Increase In Claims For COVID-19 Death Compensation?

One can witness the Court's active role in monitoring the COVID compensation disbursement process giving positive results to provide succour to the victims of the pandemic.

Bishop Franco Judgment Overturned Criminal Law Jurisprudence, Put Rape Survivor On Trial : Rebecca John

Renowned criminal law practitioner Rebecca M John, Senior Advocate, criticized the judgment of the trial court which acquitted Bishop Franco Mulakkal in the nun rape case. She termed the judgment "a travesty", which "put the victim on trial instead of the accused", "overturned the criminal law jurisprudence" and "completely disregarded the law of the land".Speaking at a virtual meeting...

Memories From The Life Of An Angel - Tribute To Lydia

Lydia Suzanne Thomas, who was the Kerala High Court correspondent of LiveLaw, had passed away on December 27, 2021, succumbing to cancer. Within a short stint of a few months, Lydia left a mark for herself in the field of legal journalism with her quick and crisp reports on complex legal issues.In the words of MA Rashid, Chief Editor and Founder of LiveLaw "Lydia was brilliant beyond her...