Phone Tapping Permitted Only In Case Of Public Emergency Or In Interest Of Public Safety:Bombay HC[Read Judgment]

The Bombay High Court on Tuesday granted relief to a 54-year-old Mumbai based businessman and quashed three separate orders passed by the Union Ministry of Home Affairs allowing Central Bureau of Investigation to intercept phone calls of the petitioner businessman in a case of bribery involving an official of a public sector bank.Division bench of Justice Ranjit More and Justice NJ...

Domestic Violence Complaint Can Be Tried By Court Where Aggrieved Woman Resides: Karnataka HC: [Read Order]

The Karnataka High Court has said that a magistrate where the aggrieved woman resides even temporarily has jurisdiction to entertain an application filed under the Domestic Violence Act, it need not only be tried by a court within whose local jurisdiction the offence was committed. Justice Mohammad Nawaz while dismissing a petition filed by one K V Vijaykumara said "Section 27 (1)(a) of...

'Absence Of Injury On Prosecutrix Implies Her Consent For Sex' : P&H HC Upholds Acquittal In Rape Case [Read Judgment]

Stating that absence of injury on the person of the prosecutrix would lead to an inference that she was a consenting party to sexual intercourse, the Punjab and Haryana High Court on Wednesday refused to grant Leave to Appeal against the judgment of acquittal in a rape case. "Medical Expert…has stated that there was chances of recent sexual intercourse with the prosecutrix…the...

Section 50 NDPS Act: Mis-Understanding The Jurisprudence Of Compliance

This is a response to "Section 50 NDPS Act: Understanding the Jurisprudence of Compliance", In the aforesaid article, the author has concluded that Section 50 requires a mandatory search of a suspect in the presence of a Magistrate or a Gazetted Officer. The presence of a Magistrate or a Gazetted Officer is an inviolable requirement. The relinquishment or waiver by accused for search in the presence of a Magistrate or a Gazetted Officer is insignificant. The conclusion is...

Whistle Blowing Protection Should Be Extended To Judges, Holds UK Supreme Court [Read Judgment]

"To give the judiciary such protection might be thought to enhance their independence by reducing the risk that they might be tempted to "go public" with their concerns, because of the fear that there was no other avenue available to them, and thus unwillingly be drawn into what might be seen as a political debate."

To Recuse Or Not To Recuse : Controversy About Land Acquisition Bench [Video]

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J&K HC Orders Govt To Provide Free Legal Aid To Detainees Under Public Safety Act [Read Order]

The Jammu and Kashmir High Court on Wednesday asked the government to ensure that legal assistance is made available to all the detenus under the Jammu and Kashmir Public Safety Act, 1978. The order was passed by the division bench of Chief Justice Gita Mittal and Justice Rashid Ali Dar, in a petition filed by one, Syed Tassadque Hussain, who asserted that no access to legal aid was...

Kashmir: Fundamental Rights And Sealed Covers

In a previous post, we discussed one of the peculiar features of the ongoing litigation regarding the communications shut-down and other restrictions in Kashmir. One of these features is the absence – in court – of the government's orders that constitute the basis for the restrictions (whether under the Telecom Suspension Rules or Section 144 of the CrPC). As we discussed, one of the basic requirements for a restriction upon fundamental rights is the existence of a law, and its publication...

A Court Without Lawyers ; A State Deprived Of Justice

A witness account of the happenings in the Jammu and Kashmir High Court.

INX Media: Special Judge Remands P Chidambaram To 7 Days Of ED Custody

Special CBI Judge Ajay Kumar Kuhar has sent P Chidambaram to 7 days of police custody in ED's application in INX Media case. SG Tushar Mehta submitted before the court that the application for police custody is being moved now because enough material to interrogate Chidambaram was not available at the time when he had wished to surrender. It was also pointed out by the SG that the...

SC Collegium Recommends Transfer Of Justice Rakesh Kumar From Patna HC To Andhra Pradesh HC

The Supreme Court collegium has recommended the transfer of Justice Rakesh Kumar, the second senior judge of Patna High Court, to Andhra Pradesh High Court.Justice Kumar had courted controversy last August with his scathing observations about corruption and impropriety in judiciary. Notably, the SC collegium has not stated the reason for recommending his transfer.While ordering CBI...

POCSO: UP Court Convicts Accused Within A Month Of Filing Chargesheet [Read Judgment]

In yet another instance of expeditious trial in a child rape case, the Special Court at Auraiya (Uttar Pradesh) convicted the accused within a month of filing of charge sheet under Protection of Children from Sexual Offences (POCSO) Act, 2012. The police had submitted the chargesheet on September 19, ten days from the date of registration of FIR. Wrapping up the trial expediently,...