[Tandav] The Offended Majority And The Inconsistent Policy On Bail- A Critique Of The Allahabad High Court's Order

In 1977, Justice Krishna Iyer summarised the basic rule of the criminal justice system in a tersely worded phrase- 'bail, not jail'. The deprivation of liberties must be an exception to the rule. However, far more important than the exposition of this basic rule, is a significant observation made by the same judge in another case, while dealing with the issue of bail. In Gudikanti Narasimhulu v. Public Prosecutor, High Court of Andhra Pradesh, Justice Krishna Iyer remarked that the issue...

'Will You Marry Her?' Supreme Court Asks Man Accused Of Raping Minor; Grants Him Protection From Arrest

The Supreme Court on Monday asked a 23-year old man, who stands accused of raping a minor girl when she was aged around 16 years, whether he will marry her.A bench headed by the Chief Justice of India was hearing a special leave petition filed by the man, who is now a government servant in Maharashtra, against an order of the Bombay High Court(Aurangabad Bench) which cancelled his...

Moratorium Under Section 14 IBC Covers Section 138 NI Act Proceedings Against Corporate Debtor For Cheque Dishonour : Supreme Court

The Supreme Court on Monday held that the declaration of moratorium under Section 14 of the Insolvency and Bankruptcy Code(IBC) covers criminal proceedings for dishonour of cheque under Section 138 of the Negotiable Instruments Act against the corporate debtor."We hold that a Section 138/141 NI Act proceeding against a corporate debtor is covered by Section 14(1)(a) of...

Book Review: 'On Citizenship' By Romila Thapar, N Ram, Gautam Bhatia and Gautam Patel

The passing of the Citizenship (Amendment) Act, 2019 sparked widespread protests across the country. Overnight, citizenship became one of the most discussed issues in India. Online portals dumped op-eds and TV news debates pitted party spokespersons against each other – CAA was what everybody was talking about. And while citizenship was being discussed, not many knew enough about it....

Jaipur Blasts Case- Rajasthan HC Expresses Surprise At Police Arresting An Accused Soon After His Release From 12 Yrs Custody & Acquittal In 8 Other Similar Cases

The ordeal of Shahbaz Ahmad, who was denied freedom from prison despite his acquittal in cases related to Jaipur blasts of 2008, makes a mockery of the cherished fundamental right to personal liberty guaranteed under our Constitution.Recently, the Rajasthan High Court was shocked to learn that Shahbaz Ahmad(48), who has been under custody since 2008, was arrested again in a case related to...

Pre-Trial Stage - Step By Step

INTRODUCTION Under the criminal procedure, there are mainly 3 stages of criminal proceedings in India namely: The Pre-Trial Stage.The Trial Stage.The Post-Trial Stage. In order to understand the various stages of the Criminal Law Proceedings or Trial in India, it is important to understand what is Crime and Trial? Crime is a term which has evolved from the concept...

State Has To Compensate Unforeseen Death Or Injury In Govt Hospital Even If There Is No Medical Negligence : Madras High Court

The Madras High Court has directed the State of Tamil Nadu to provide a compensation of Rs. 5 lacs to a Dalit Petitioner whose daughter had died as a result of complications that arose after administration of anesthesia in a government hospital A single bench of Justice GR Swaminathan heard the matter and held that, even though there was no medical negligence on behalf of the...

Gujarat High Court To Start Its Official Telegram Channel

With the objective of furthering the ease and convenience of the Advocates, litigants, and the other stakeholders, the Gujarat High Court has started its official Telegram Channel. Significantly, updates like Daily Notices, Circulars, Press Releases, Youtube Live Streaming Links, Complete Causelists, Miscellaneous Notifications and other important updates will be shared on...

'Assistance To Law Students A Move To Create Goodwill, Develop Contacts': Harish Salve Seeks Deduction Of Foreign Scholarship; ITAT Allows

The Income Tax Appellate Tribunal, New Delhi, has accepted the claim of Senior Advocate Harish Salve for deduction of the foreign scholarship given by him to two Indian students as "expenditure solely and exclusively for the purposes of business or profession" under Section 37(1) of the Income Tax Act, 1961.Under Section 37(1), expesnes for the purposes of business and profession can be...

UK Court Rejects Justice Katju's Opinion Against Indian Judiciary In Nirav Modi Extradition Case

While rejecting Nirav Modi's challenge to the extradition request of Government of India in the Rs 14,000 crore PNB fraud case, a court in the United Kingdom discarded the opinon given by former Supreme Court judge Justice Markandey Katju regarding chances of fair trial rights being denied to the fugitive diamond merchant on account of lack of judicial independence.Justice Katju had...

Tandav- Allahabad HC Denies Anticipatory Bail To Aparna Purohit- Says "Such People Make The Revered Figures Of Religion Of Majority Community Source Of Earning Money"

Underlining that western filmmakers have refrained from ridiculing Lord Jesus or the Prophet but the Hindi filmmakers have done this repeatedly and still doing this most unabashedly with the Hindu Gods and Goddesses, the Allahabad High Court on Thursday (25th February) denied Pre-arrest bail to Commercial Head of Amazon Prime Video, Aparna Purohit, in the ongoing investigation against...

New Social Media Rules : Messaging Platforms Can Be Asked To Trace 'First Originator' Of Messages

The new rules announced by the Central Government to regulate social media intermediaries empower it to ask messaging platforms like 'WhatsApp', 'Facebook messenger', 'Telegram' to trace the 'first originator' of messages.This is a significant development as law enforcement agencies have been raising serious concerns regarding viral forward messages spreading fake news, hate speech etc.Rule...