Sunanda Pushkar Case: Delhi Court Dismisses Swamy's Plea, Says Filing Of PILs Does Not Confer Right Of Victim On Any Pvt Person [Read Order]

Sunanda Pushkar Case: Delhi Court Dismisses Swamy's Plea

Birla v. Adventz: A Snapshot Of The Supreme Court And Criminal Law & Procedure

I happened to be in the Supreme Court in February when arguments were being addressed by parties in Criminal Appeal No. 875 of 2019, Birla Corporation Ltd. v. Adventz Investments & Holdings Ltd. & Ors. (Connected with Crl. Appeal Nos. 876 of 2019 and 877 of 2019). It was a great experience as some of the country's most famous lawyers were addressing the Court, Not on a nuanced issue of constitutional law, but on whether a High Court had erred in quashing summons issued on a criminal...

Justice D N Patel Appointed as Chief Justice Of Delhi HC

The Centre has cleared the appointment of Justice D N Patel as the Chief Justice of the Delhi High Court.He will succeed the present Chief Justice Rajendra Menon, who will retire on June 6.It was on May 10 that the Collegium proposed Justice Patel as CJ of Delhi High Court. He hails from Gujarat High Court and is presently at Jharkhand High Court on transfer.Read notification...

Election Commission That Failed Itself

The apolitical institutions of India in the last five years have become more political, flag-bearers and slowly turned into the fan-boys of the ruling establishment. They seem to exist but like the lamp posts without the lamps. We must learn that a democratic society crumbles where institutions do not cherish the hope of neutrality but deceive. When the institutions become cheerleaders, the political leaders become the institutions in themselves. There is a saying in the Finnish culture...

PIL In Delhi HC Seeks EC Probe On Rajeev Chandrasekhar MP's Election Affidavit

A PIL has been filed in the Delhi High Court today to investigate into the affidavit filed by the Rajya Sabha Member of Parliament, Rajeev Chandrasekhar, member of parliament and businessman. The PIL alleges that Mr. Rajeev Chandrasekhar has not disclosed full information in his election affidavit regarding his assets, while contesting to Rajya Sabha in March 2018. The PIL has been filed by...

Clean Chit to CJI : Why The Doors Of Justice Completely Closed ?

After a few protests and arrests, the woman complainant (of sexual harassment against Chief Justice of India) has been forgotten by judges, lawyers and media. Staring substantial injustice is that there is no avenue for the victim to go. Action (so-called) on complainant ended in 15 days without any hope of review, appeal or further action. Ubi jus ibiremedium is an age-old legal maxim meaning where there is right there shall be a remedy. If the complainant, has a right to live and work, where...

A Misuse Of Power: BCI's Condemnable Response To The Complaint Against The CJI

On May 15th, LiveLaw reported that the Chairman of the Bar Council of India (BCI), Manan Mishra, raised concerns over women taking undue advantage of the law to falsely implicate men in cases of gender-based violence. These comments are the latest in a series of troubling statements from the BCI in the wake of the sexual harassment complaint against the Chief Justice of India (CJI). It bears repeating that the complainant's only ask has been for a fair inquiry into her complaint. Yet it is...

Section 482 CrPC: HC Should Assign Reasons As To Why A Petition Is Allowed Or Rejected: SC [Read Judgment]

"Time and again, this Court has emphasized the necessity of giving reasons in support of the conclusion because it is the reason, which indicates the application of mind."

UAPA: What Are The Requirements To Extend Remand Beyond 90 Days?: SC Explains

The Supreme Court recently refused to cancel the default bail granted to an accused under Unlawful Activities(Prevention) Act, 1967. While considering the appeal filed by Union of India, the bench comprising Justice AM Khanwilkar and Justice Ajay Rastogi explained the requirements of extension of remand of the accused beyond 90 days in cases registered under UAPA. The bench referred to...

Mere Pendency Of Civil Case Between Complainant And Accused Not A Ground To Quash Criminal Case: SC [Read Judgment]

"Mere pendency of a civil suit is not an answer to the question as to whether a case under Sections 323, 379 read with Section 34 IPC is made out."

Justice Madan B Lokur Appointed Judge Of Supreme Court of Fiji

Justice (retired) Madan B Lokur has been appointed to the Supreme Court of Fiji as a judge of its non-resident panel, according to sources.Justice Lokur, who demitted office as a Supreme Court justice on December 31 2018, has been appointed in the new role for a period of three years.The sources close to the former judge said that he received the offer from the Chief Justice of the Fiji...

Whether Section 143-A Of The Negotiable Instruments Act, 1881 Has Retrospective Application Or Not ?

Preface: The party who commits default in payment can be sued by a payee in the civil court by filing suit for recovery of money. However, the special provision of Section 138 under the Negotiable Instruments Act, 1881 (hereinafter referred to as the NIA) was inserted with effect from 01.04.1989 vide the Banking Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988. The object of the NIA is to enhance the acceptability of the cheques in settlement of liabilities by...