Remembering H M Seervai

It is 25 years since the great and incomparable Homi Seervai passed away and it is appropriate that we remember and pay tribute to him on this occasion. It is given to very few to receive high honours while not compromising the highest standards of integrity and independence. Hormasji Maneckji Seervai is a shining example of that rare breed. He was born on December 5, 1906 at Bombay. He lost his father and his childhood early at the age of 14 in 1920. He was educated at Bharda New High...

The Distinction Between Section 7 Of The POCSO Act And Section 354 Of IPC

Correctness of the Bombay High Court judgment ( Nagpur Bench) in Satheesh Vs State of Maharashtra in Criminal Appeal 161/ 2020 decided on 19.01.2021 is highly doubted. The court held that touching a child over her clothes will not attract an offence under the POCSO Act. At the same time it held that it attracts an offence under 354 IPC and convicted the accused thereunder for a period of 1 year. The finding of the court on this aspect is as follows : " Evidently, it is not the case of...

'Such People Must Not Be Spared': Madhya Pradesh High Court Reserves Orders On Munawar Faruqui's Bail Plea

The Madhya Pradesh High Court(Indore Bench) on Monday reserved orders on the bail application of comedian Munawar Faruqui, who was arrested by Indore police on January 2 in a case for alleged hurting of religious sentiments."But why you take undue advantage of other's religious sentiments and emotions. What is wrong with your mindset? How can you do this for the purpose of your business?",...

Breaking: Kerala High Court Grants Bail To Suspended IAS Officer M Sivasankar In Money Laundering Case

The Kerala High Court on Monday granted bail to M Sivasankar, former Principal Secretary to the Chief Minister of Kerala, in the money laundering case registered by Enforcement Directorate in relation to the gold smuggling case.A single bench of Justice Ashok Menon passed the order."There is no doubt about the complicity of the applicant and there are no reasonable grounds to believe that he...

Maskless Invigilators, No Temperature Checks, Disregard For Social Distancing: How BCI Organised AIBE During A Pandemic

After 15 months, the Bar Council of India finally organised the All India Bar Examination through the physical mode on January 24. The exam, which is organised twice a year, was postponed multiple times in 2020 due to the COVID19 pandemic, and with BCI claiming that it was not feasible to organise the same through the online mode. However, as the exam finally took place, law graduates appearing for it reported complete disregard for the COVID19 guidelines at the examination centres. In...

High Courts Weekly Roundup [Jan 18 – Jan 24]

Summation of important High Court orders this week

Two Supreme Court Judgments Killed The Working Class & Converted India Into A Country Of Slaves: Colin Gonsalves In KG Kannabiran Lecture

[This lecture, originally titled "Educate, Agitate and Litigate" was delivered on 11 January 2021 as part of the KG Kannabiran Lectures on Law, Justice and Human Rights – organised by the family of KG Kannabiran (1929-2010) to celebrate his life, work and its futures]. Abstract: Senior Advocate Colin Gonsalves speaks on challenges in our times and the way ahead – reflecting on his long years in labour courts, with trade uinion movements and as a human rights advocate.Dear...

'Reputation A Facet of Article 21' : Delhi Court Slams Media For Publishing News Against Umar Khalid Without Verifying All Facts In Riots Case

In a significant order, a Delhi Court has criticized media for publishing the alleged confessional statements of Umar Khalid in Delhi riots conspiracy cases, without clarifying that such confessions are not admissible in evidence."The news reports have only highlighted that accused Umar Khalid had confessed his involvement... However, none of the news item is shown to have made...

Late Night Police Visits To Rowdy Sheeter's Residence Violates His Privacy: Telangana High Court

The Telangana High Court has held that Police cannot visit the residence of a 'Rowdy Sheeter' during late night hours as it amounts to intruding into his privacy.Thumkunta Madhava Reddy, a rowdy sheeter, had approached the High Court alleging that the Police enters in the midnight every day ringing the door bell/knocking the door, waking him up late night, thereby disturbing his sleep....

Sonu Sood's Intentions 'Malafide' Not Approached The Court With "Clean Hands", Says Bombay High Court In 'Illegal Constructions" Case

Bollywood actor Sonu Sood and his wife's intentions were "malafide" and they did not approach the court with "clean hands," the Bombay High Court has observed in its order rejecting his petition for temporary relief against an unauthorized construction notice issued against them by the BMC in October 2020. Justice Prithviraj Chavan observed that in the past two years, the couple...

Munawar Faruqui's Case- Misuse Of Section 295A Of Penal Code And An Aggravated Insult On Free Speech

Having regard to the ingredients of the offence created by the impugned section, there cannot, in our opinion, be any possibility of this law being applied for purposes not sanctioned by the Constitution- Supreme Court on S.295A IPC in Ramji Lal Modi v. State of U.P [(1957) S.C.R. 860]

CIBIL Score Updation Borrower's Statutory Right; Credit Information Companies Bound To Consider Objections : Kerala High Court

The Kerala High Court has held that updation of CIBIL score is a borrower's statutory right and therefore, credit rating agencies are legally bound to consider objections against the rating given to a debtor.A single bench of Justice N Nagaresh made this significant pronouncement in the case Sujith Prasad v The Reserve Bank of India and others.The Court noted that credit rating agencies...