The Gogoi Case And After: Wake Up Call For Indian Judiciary

No mature society should permit an individual to impersonate or appropriate an institution, writes a former Patna high court judge.

Can Police Register FIR Based On Confession Statement Of Accused? What Is Its Evidentiary Value?

Police can register the FIR based on the information given by any person including an accused irrespective of whether his statement amounts to confession or not.

Madras HC Bars Monetising Ilaiyaraja's Songs Without His Permission

The Madras High Court Tuesday prohibited monetising songs of renowned music composer Ilaiyaraja through TV reality shows, concerts and online radio channels, among others, without his prior permission. Justice Anita Sumanth passed the order on a civil suit filed by Ilaiyaraja, alleging copyright infringement by Agi Music, Echo Recording, Giri Trading Company and a few...

Large Republics With Diverse Interests Can Be Safer Haven Against Tyranny Than Homogeneous And Exclusive Ones : Justice G S Patel

Large republics with diverse and conflicting interests can be better home for liberty, a safer haven against tyranny than homogenous and exclusive ones, said Justice G S Patel, while delivering a lecture on the topic "Mephisto in Mantralaya : Whose Government Is it Anyway" on Monday."Large republics with diverse and conflicting interests can be better home for liberty, a safer haven...

Pregnancy Beyond Period Of 20 Weeks Can Be Terminated If Foetus Has Congenital Defects : Calcutta HC [Read Judgment]

The Court allowed termination of 26 weeks' pregnancy

Medical Negligence - A Doctor Is Vicariously Liable For Acts Of Team Members : NCDRC [Read Order]

"Doctor is vicariously liable for the acts of his team which assists him in every sphere in rendering treatment to the Patient"

Court Cannot Destroy Faith & Beliefs Of People: Madras HC Rejects Plea Against Performance Of 'Yajnas For Rains' [Read Order]

"It is performed with hope and belief and though they may be successful or not, this Court cannot destroy such belief or hopes of the multitude of people."

Should I Wear My Patriotism On My Sleeve? Analysing The Law On Sedition In India And The Demand For Its Stricter Enforcement

One's patriotism and feelings of nationalism have always been a personal sentiment. One need not show their love for the country by explicit gestures as long as the sentiment is genuine from within. Recent times in India show otherwise, as the citizens are expected to wear their patriotism on their sleeve and even by mistake not criticize government institutions. If they do, they are termed an 'anti-national' and booked under the draconian Section 124-A of the Indian Penal Code which ...

Can Residential Premises Be Used For Advocates' Office?

Advocates' office can be operated from a residential place, since it is not regarded as a commercial activity. However, this is subject to the space restrictions imposed by the local laws.

"State Health Scheme Not Charity", Govt. Cannot Reject Reimbursement Claims Of Employees & Pensioners On Technical Grounds: Madras HC

Madras High Court ruled in Marimuthu v. Government of Tamil Nadu that medical reimbursement claimed by the employees and pensioners or their family members is not the bonus or bounty. It noted that since it has been made compulsory that, every employee or pensioner of the State Government must join in the Health Insurance Scheme by paying a continuous contribution towards premium...

Section 304A IPC : Rash, Negligent, Or Reckless

Section 304-A was not part of the Indian Penal Code [IPC] as it was enacted in 1860. It was included by an amendment passed in 1870. But, interestingly, the original 1838 Draft of the Penal Code did carry an offence of Causing Death due to Negligence, in the form of Section 304. We will never know whether the 1870 amendment was merely an exercise in adding what was inadvertently excised...

Administering Of Oath To Deceased Before Recording Dying Declaration Doesn't Render It Invalid: Allahabad HC [Read Order]

Allahabad High Court held that the mere fact that in the dying declaration, a sort of oath has been administered to the deceased before recording the same, would not make the credibility of the dying declaration doubtful and would not nullify the same. If Executive Magistrate chose the particular language for recording the dying declaration, the deceased cannot be blamed nor any fault can...