Allahabad HC Notifies Procedure To File Application For Anticipatory Bail [Read Notice]

The Allahabad High Court has notified the procedure to be followed while filing anticipatory bail applications. Section 438 Criminal Procedure Code which had been omitted by Uttar Pradesh government during the Emergency was reinserted by the Government with effect from June 6, 2019. The notification states that an anticipatory bail application must bear Court fee of Rs.5/- and it must...

Sex After False Promise Of Marriage: Bombay HC Refuses To Quash Charges Of Cheating And Sexual Assault [Read Judgment]

The Bombay High Court has refused to quash proceedings against a 45-year-old businessman from Goregaon, Mumbai and held that the only way to find out whether charges of fraud and sexual assault against him, were true is through a trial where all the material gathered during the investigation can be examined. Justice SS Shinde was hearing a criminal writ petition filed by the accused...

SC Dismisses Plea Challenging 'Inner Line Permit' for Indian Citizens" For Visiting Some Parts Of The Country

The Supreme Court on Tuesday dismissed a PIL challenging the "unbridled power to the State to prescribe 'Inner Line Permit' for Indian Citizens" to travel in some parts of the Country, as arbitrary, unreasonable and offensive of Articles 14, 15, 19 and 21.The petitioner Ashwini Kumar Upadhyaya, BJP leader and Advocate has sought a declaration that an ILP applies to only foreigners and...

Assessment Of Interim Maintenance U/S 125 Of CrPC Only Requires Prima Facie Evaluation: Delhi HC [Read Judgment]

Delhi High Court has held that at the stage of assessment of interim maintenance under section 125 of the Criminal Procedure Code, the court has to only form a prima facie opinion. Hearing a Criminal Review Petition, Justice Sanjeev Sachdeva held that both the trial court and the appellate court erred in placing the burden of proof on the petitioner and in asking her to furnish the...

Bribe For Bail: Delhi Court Convicts Law Intern Who Accepted Bribe On Behalf Of ASI

A Delhi Court has convicted a law intern and a Sub Inspector of Police charged with corruption.Law intern was accused of accepting bribe on behalf of Assistant Sub Inspector who was posted at Crime Branch. The case of the complainant was that when she visited to inquire about the status of bail application of her brother, ASI Rakesh demanded a bribe of Rs.2, 00,000 from her to facilitate...

Erroneous Appreciation Of Pleadings Or Wrong Assumption Of The Contentions Cannot Be A Ground For Review: Kerala HC [Read Order]

The Kerala High Court has observed that an alleged erroneous appreciation of the pleadings or wrong assumption of the contentions in a judgment cannot be a ground for review.The Court was considering a review petition filed by Inspectors of CGST and CX, in which they contended that the judgment was rendered based on erroneous appreciation of the pleadings and wrong assumption with respect...

Lok Sabha Passes Bill To Overturn SC Decision On Subject-Wise Reservation For Teaching Posts [Read Bill]

The Lok Sabha today passed "The Central Educational Institutions (Reservation in Teachers' Cadre) Bill, 2019" to treat 'University/ College' as the unit of reservation roster for teaching posts instead of 'Department/ Subject'.It will apply to 'central educational institutions' which include universities set up by Acts of Parliament, institutions deemed to be a university, institutions...

PIL In Uttarakhand HC Seeks To Raise Retirement Age Of High Court Judges From 62 To 65 Years [Read Petition]

The Youth Bar Association of India has recently filed a Public Interest Litigation in Uttrakhand High Court requesting the Court to direct the Ministry of Law and Justice to reconsider raising the upper age limit of High Court Judges to bring it on par with the age limit prescribed for Supreme Court judges. The petition filed by the Honorary Secretary Mr. Saurabh Pandey and the President of...

Authoritarian Mindset Against RTI: Will CIC Break The Iron Walls Of CEC?

It's a coincidence that the CEC's rejection of RTI request for disclosure of dissent came on the 44th Emergency Day in violation of the fundamental right to freedom of speech and expression under Article 19(1)(a) of the Constitution of India. Prime Minister Modi rightly rescinded Emergency saying that because of people's rejection of that regime the country's "democratic ethos prevailed over an authoritarian mindset". The authoritarian mindset of public authorities, now CEC, is prevailing...

'I Believe In Judicial Accountability' : Justice Swaminathan Of Madras HC Releases Case Disposal Data [Read Statement]

In a highly commendable gesture in the interests of judicial accountability, Justice G R Swaminathan of Madras High Court, Madurai bench, has released data of the cases disposed of by him over past two years after assuming charge as HC judge on June 28, 2017.He has disposed of a total of 21,478 cases, with 18,944 cases as single bench and 2,534 cases while sitting in division bench, as per...

Law On Reels - 'Article 15' : Addressing The Divide Between Constitutional Vision And Social Realities

To present Article 15 in reels as a walking idea, as a thought which is yearning to take the shape of lived reality - that was a cinematic novelty.

Domestic Violence Act: 'Divorced Wife' Entitled To Execute Orders Granted Prior To Decree Of Divorce: Calcutta HC [Read Judgment]

"Decree of divorce does not deprive the wife from the relief granted in her favour under the provisions of the Domestic Violence Act"