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...

Listening Skills In Mediation

"One of the most sincere forms of respect is actually listening to what another has to say." --Bryant H. McGill.

Delhi HC Asks Centre, Govt To Respond To Plea For Advocates' Welfare Measure Including Medical Insurance

The Delhi High Court Wednesday sought the response of the Centre and the Delhi government on a plea seeking effective steps for security and welfare measures, including medical insurance, for advocates. A bench of Chief Justice Rajendra Menon and Justice Brijesh Sethi issued notice to the central and state governments on the PIL and listed the matter for further hearing on...

'Illiterate Drivers Menace To Pedestrians', Rajasthan HC Orders Cancellation Of All Driving Licenses Given To Illiterate Persons [Read Order]

In a judgment having widespread ramifications, the Rajasthan High Court has ordered the cancellation of all light motor vehicle driving licenses issued to illiterate persons.Curiously, the order has been passed in a writ petition filed by a person seeking license to drive transport vehicle on the ground that he had been issued license to drive light motor vehicle thirteen years...

Conversations Between A Prisoner And Spouse Should Be Unmonitored; Madras HC Reads Down Prison Rules [Read Judgment]

"When a prisoner meets his wife, he may like to hold her hands. His emotions are bound to be find a physical expression. While private prison cottages may be a distant prospect, the privacy and dignity of the prisoners , the privacy and dignity of the prisoners should be scrupulously protected. Conversations between prisoner and his spouse should be unmonitored".

Why Duty Free Shops Are Exempted From GST? Allahabad HC Explains [Read Judgment]

The sale/supply at the Duty Free Shops of international departure terminals would be export of goods under Customs Law and therefore will be considered as exports of goods under GST Act

Delhi HC Orders Customs To Pay ₹ 93 Lakh To Kenyan National Whose Gold Was Sold Without Notice [Read Order]

In a significant order, the Delhi High Court has directed the Customs authorities to pay Rs. 93,34,783 to a Kenyan national, whose gold was confiscated and sold off by it without issuing show-cause notice.The order was passed by a Division Bench of Justices S Muralidhar and I S Mehta on a plea by Zhinet Banu Nazir Dadany, a Kenyan woman, from who gold weighing 3732.48 grams was seized by...

'We Lost A Giant In The Field Of Legal Education' : AG KK Venugopal Remembers Dr N R Madhava Menon

"We have lost a giant in the field of legal education and I have personally lost a friend", remarked Attorney General K K Venugopal while speaking at the event held by Kerala High Court Advocates Association in memory of Dr N R Madhava Menon.The AG said that with the establishment of National Law Schools and the introduction of a modern curriculum, Dr Menon revolutionized legal education,...

Financial Deprivation Amounts To Economic Abuse Under Domestic Violence Act: Bombay HC [Read Judgment]

In a highly significant decision, the Bombay High Court has held that financial deprivation amounts to economic abuse under the Domestic Violence Act. Court held that if a widow in a joint family, who is entitled to financial resources, is deprived of them then it qualifies as economic abuse.Justice MG Giratkar of the Nagpur bench, was hearing a criminal revision application filed by one...

CLAT 2019 Analysis, Expected Cut-Off

CLAT 2019 paper, in a way, wasn't completely on unexpected lines. Owing to the fiasco last year (and on a few more occasions in the last few years), the recently made CLAT Consortium had to make a lot of amends to make CLAT a sustainable examination. Firstly, the CLAT Committee formulated the Consortium, thus putting to rest the 'Permanent CLAT Committee' demand. Next, they made the...

Rape Case Can Be Quashed When Accused Married The Victim: Kerala HC [Read Order]

The Kerala High Court has quashed criminal proceedings against a rape accused who married the victim.The man was accused of offences punishable under Secs.366A, 376 and Secs.3(a) r/w 4 of the POCSO Act. He approached the High Court contending that the disputes have been amicably settled between himself and the victim, who he married. A marriage certificate was produced before the court and it...