Search Without Warrant Is Breach Of Right To Privacy Says Bombay HC, Fines State Rs.25,000 For illegal Search :[Read Judgment]

The Bombay High Court last Friday ruled that conducting a search without warrant is a breach of Right to Privacy. Court also fined state government Rs.25,000 payable to the aggrieved petitioner for conducting such illegal search.Division bench of Justice TV Nalawade and Justice SM Gavhane of Aurangabad bench were hearing a criminal writ petition filed by one Dnyaneshwar Todmal, a driver...

Rape Victim Anonymity : Delhi HC Issues Notice On Plea For Action Against Media For Revealing Identity Of Rape Victim

Delhi High Court has issued notice to Respondents in a PIL seeking action against certain media houses for revealing the identity of the victim and the accused persons of the Hyderabad rape case.The Division Bench of Chief Justice DN Patel and Justice Hari Shankar has issued notice in the petition filed by Yashdeep Chahal to the following respondents: a. Union of...

Party Alleging Bias Need To Show Only Reasonable Likelihood Of Its Existence And Not Absolute Proof : Delhi HC [Read Judgment]

"Bias connotes a state of mind, and establishment thereof is, therefore, necessarily an uphill exercise. It is for this reason that the degree of proof, where bias is alleged, is somewhat diluted, with the law requiring, not absolute proof of bias, but a reasonable apprehension of a real likelihood that bias exists".

"Shocked The Collective Conscience Of Society"; Bombay HC Confirms Death For Five Who Killed Three Men, Acquits One [Read Judgment]

The Bombay High Court on Monday confirmed death penalty awarded to five men convicted of killing Sandeep Thanwar, Rahul Kandare and Sachin Gharu in 2013. One of the accused, Ashok Navgire was acquitted by the Court due to lack of evidence.Division bench of Justice BP Dharmadhikari and Justice SK Shinde heard the confirmation case and pronounced the judgment which ran into 133 pages....

Delhi HC Issues Notice On A PIL Challenging The Notification Requiring 25 Years Of Experience In Law For Technical Members Of NCLAT

Delhi High Court has issued notice to the Central Government in a PIL challenging the validity of the notification requiring 25 years of experience in law for a person to be considered for a post of Technical Member of National Company Law Appellate Tribunal. Filed by India Awake for Transparency, the plea also seeks an order declaring every action taken in pursuance of the...

PIL Challenges Appointment Of Karnataka Upa-Lokayukta Claiming There Was No Consultation With Chief Justice [Read Petition]

A Public Interest Litigation filed in the Karnataka High Court challenging the appointment of former Judge B S Patil, of the High Court, as Upa-Lokayukta of Karnataka. The petition filed by Samaj Parivarthana Samudaya, through their advocate S Basavaraj states that plea is filed "To maintain institutional integrity of the public institution meant for prevention and eradication...

Three Aspects To Be Considered While Granting Stay , SC Explains [Read Judgment]

A court while granting stay must consider three aspects viz. Balance of convenience (ii) Irreparable harm or injury (iii) Prima facie case, the Supreme Court has observed. The bench of Justice Deepak Gupta and Justice Aniruddha Bose were considering the appeal filed by Mizoram Government against the High Court order which directed it to keep in abeyance all paper lottery draws pursuant...

'Parliamentary Privileges And A Citizen':Highlights From Justice UU Lalit's Speech At Bombay HC

Delivering the inaugural annual lecture of Advocates' Association of Western India (AAWI) in association with Debrief, a legal collaborative, Justice Uday Umesh Lalit spoke on the topic- "Parliamentary privileges and a citizen" on Saturday morning at the Central courtroom of the Bombay High Court. "Justice Shambhaji Shinde, Chief Guest of today's function, all the honourable judges of the...

'Black Warrant: Confessions Of A Tihar Jailer' - A Gripping Account Of Prison Life

One word that can be used to describe "Black Warrant: Confessions of a Tihar Jail" by Sunil Gupta and Sunetra Choudhury is – gripping. An absolute page-turner, the non-fiction novel recounts the experiences of Mr. Sunil Gupta who spent 35 years as a jailer at the infamous Tihar jail and then as the Legal Advisor to the Director Of Prisons. What struck me right off the bat was the simplistic language employed in the book. As journalist and co-author, Sunetra Choudhury stated at the book...

Why Won't Judges Agree to Disclose Details of Their Assets?

All other public servants are held to a higher standard of transparency – including by the Supreme Court itself.

Social Media Censorship : Issue Of Arbitrary Blocking Of Accounts Raised In Rajya Sabha

On November 28, Congress MP Rajeev Gowda requested the government during Zero Hour in Rajya Sabha, to frame guidelines on censorship by social media companies. "I would like to draw the attention to the censoring of user generated content by internet intermediaries which serve as social media platforms," he said. Delete In Zero Hour, I requested govt to frame guidelines on censorship...

Vaiko Moves Resolution To Restore Subjects Transferred From State List To Concurrent List Of Constitution

Unlike a typical federation, India has a strong centre, contributing to its Quasi-Federal structure. On Friday, MDMK leader Vaiko moved a resolution in the Rajya Sabha, seeking necessary measures for greater autonomy of states, including amendments to the Constitution to bring back the subjects which were transferred from the State List to the Concurrent List, during the...