'Prosecution Miserably Failed To Prove Offence' : POCSO Court Acquits Accused In Walayar Rape-Death Case [Read Judgment]

Massive outrage is building up in Kerala civil society following the acquittal of all four persons in the rape and death case of two minor girls, who were siblings, at Walayar in Palakkad district of the Kerala in 2017.The elder sister, aged 13, was found hanging in her house on January 13, 2017. Within two months, the younger sister, aged 9, was also found hanging in her house on March...

Plea In Delhi HC Seeks Direction To Govt, To Implement Indian Civil Code With Best Practices From All Religions

A Public Interest Litigation (PIL) has been filed in the Delhi High Court seeking a writ of mandamus to the Union of India to prepare a model draft of Indian Civil Code "in spirit of Articles 14 and 44 of the Constitution of India within 3 months, while considering the best practices of all religions and sects, civil laws of the developed countries and international conventions, in order...

Police Control Vans Should Have Mobiles/iPad To Record Crime Scene Immediately: Delhi HC

Delhi High Court directs Commissioner of Delhi Police to equip Police Control Room Vans with mobile phones or iPads in order to enable them to efficiently record the crime scene and tender the same to the court as legal evidence. While recognising PCR vans as the first responders to any information about the crime scene, the Division Bench of Justice Manmohan and Justice Sangita Dhingra...

Why Justice Arun Mishra's Non-Recusal Is A Problematic Precedent?

The order has considerably diluted the golden principle that "Not only must Justice be done; it must also be seen to be done."

Foreign Awards In India : Recognition, Challenge And Enforcement

INTRODUCTION The legislation applicable for recognition and enforcement of an arbitral award in India is the Arbitration and Conciliation (Amendment) Act 2019[1]. India is a signatory to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, 1958[2] and the Geneva Convention on the Execution of Foreign Arbitral Awards, 1927[3]. India has also entered into...

Though Path-Breaking, The Operational Scope Of Sections 156(3) And 173(8) Cr.P.C. Enlarged By Breaching Judicial Propriety

I had occasion to read from www.livelaw.in, a 66-page judgment dated 16-10-2019 rendered by 3 learned Judges of the Hon'ble Supreme Court of India in Vinubhai Haribhai Malaviya and Others v. The Stateof Gujarat and Another (Criminal Appeal Nos. 478-479 of 2017). The Bench has mainly held as follows:- i. The power of the Magistrate under Section 156 (3) Cr.P.C. can be exercised even at the post-cognizance stage until the commencement of trial i.e....

Centre Notifies Appointment Of Three Lawyers As Additional Judges Of P&H HC [Read Notification]

The Centre on Friday notified the appointments of three Advocates as Additional Judges of the Punjab and Haryana High Court. They are: Suvir SehgalGirish AgnihotriAlka Sarin They will assume office in the above order of seniority and will hold the position for two years. The SC Collegium had recommended the elevation of these Advocates as judges of the high court,...

'Magistrate Cannot Mechanically Order Registration Of FIR In Matters Having Direct Impact On Free Speech' : Madras HC [Read Judgment]

Magistrates must be on their guard and exercise nuance in such cases, said the court.

False 498A Case: Karnataka HC Asks Wife To Pay Cost Of Rs 25,000 To Ex-Husband [Read Judgment]

Karnataka HC Directs Woman To Pay Cost Of RS 25,000 To Ex-Husband For Abusing Process Of Law By Registering Case Under Section 498A IPC To Harass Husband Also Quashes Criminal Case. . "This is an unfortunate case of an highly harassed husband by abuse of process of law," the Karnataka High Court observed while quashing a criminal case registered against a man by his ex-wife...

2G Scam: Hearing On CBI's Appeal Against Acquittal Of A Raja Begins At Delhi HC

Hearing on CBI's appeal against the acquittal of A Raja and 17 others commenced today before Justice Brijesh Sethi. Before starting his submissions, ASG Sanjay Jain, who appeared on behalf of the CBI, informed the court that the documents in the present case runs into 800 pages. Therefore, the present matter requires careful scrutiny of the court. It was also informed to the court by...

The Significance Of Bombay HC Ruling On Phone Tapping

In each of its three conclusions – on illegality, on the remedy, and on evidence – the Bombay High Court engaged in a textbook application of law and precedent

Amended Section 6 Of Hindu Succession Act : Cauldron Of Confusions

1. The amendment of 2005 to Hindu Succession Act is a cauldron of confusions and inconsistencies. This might be because of factors such as imperfect language used in the amendment , inconsistent judicial interpretations and also injustice resulting to wife of the coparcenor. 2. Historical background: Before the enactment of the Hindu Succession Act, 1956, Hindus were covered by Shastric and customary law which varied from region to region. Dayabhaga school of law was prevalent in...