Disgruntled Employee's Outcry In Social Media Part Of Free Speech : Kerala HC [Read Judgment]

Observing that emotional outburst of a disgruntled employee is part of free speech, the High Court of Kerala ordered the reinstatement of a University employee who was suspended for his social media posts against the institution.The Court was acting on a petition filed by a University Assistant of Mahatma Gandhi University, who posted sarcastic comments in social media following his removal...

A Decade After Man’s Death, Delhi HC Allows His Wife’s Appeal Against Divorce [Read Judgment]

Ten years after the death of her husband, a lady’s appeal against divorce decree granted by the family court has been allowed by the Delhi High Court.In 2007, the family court had dissolved their marriage observing that they had reached to a point of no return and their marriage had broken down irretrievably. The wife filed an appeal against this and in 2008, the husband expired. He...

Appeal For Votes In Name Of Religion : Kerala HC Declares Election Of K M Shaji Void

Th election of K M Shaji, the returned candidate of Indian Union Muslim League from Azhikode constituency in 2016 assembly polls, has been declared void by the High Court of Kerala. The High Court has however stayed the operation of the judgment for a period of two weeks.The Court held that he had indulged in corrupt practises under Section 123(3) and 123(4) of the Representation of Peoples...

Child Is Necessary Party To The Application By Father Seeking DNA Test: Kerala HC [Read Judgment]

“The court cannot direct DNA or any such test without hearing the person affected irrespective of the fact whether he is a minor or major. If such person is a minor, he should be heard through the guardian.”The Kerala High Court has held that a DNA test cannot be ordered without hearing the person affected, irrespective of the fact whether he is a minor or major.A man had approached...

Higher The Faith Deposed By The Society, Higher The Responsibility To Keep It: Himachal Pradesh HC Denies Bail To Rape Accused ‘Godman’ [Read Order]

“Our society has tremendous faith in religious ‘Gurus’ and they are treated by the public, equivalent to God and normally devotees submit themselves to such ‘Gurus’ unconditionally and obey their dictates like an obedient child.”While rejecting bail plea of a ‘godman’ accused in a rape case, the Himachal Pradesh High Court has observed that offence committed by a person...

Have CCTV Cameras Been Installed In Police Stations? Allahabad HC Asks State [Read Order]

Has the Uttar Pradesh Government installed CCTV cameras to monitor police stations in the state, the Allahabad High Court has demanded to know.Justice AR Masoodi demanded information in this regard in order to ascertain the manner in which police officials are dealing with public grievances.The order was passed on a habeas corpus petition filed by one Rishi Kapoor, on behalf of his...

Acquitted But Not Yet Free – The Constitutionality Of Section 437-A Cr.P.C

The Criminal Procedure Code 1973 [Cr.P.C.] was subjected to significant amendments in 2009. The law on arrest was drastically altered following Supreme Court admonition, and victims were given a real foothold in the criminal process for the first time. Amidst all this, a provision was added to the section on Bail in the Cr.P.C.: Section 437-A. What does it say?Before conclusion of the trial and before disposal of the appeal, the Court trying the offence or the Appellate Court, as the case may...

Linking Social Media A/C To Aadhaar: Madras HC Tells YouTube, Google LLC To Enter Appearance Even As Notice Served On Google India

In no mood to delay the proceedings in a PIL revolving around linking online identity of users with Aadhaar or other government-authorised ID proof and making social media companies duty-bound to assist probe agencies in criminal matters especially cyber crimes, the Madras High Court has directed Google LLC and YouTube to appear before it even as the notice issued to them was served on...

Appearing For Maoists Not A Crime; Lawyer Has A Duty To Defend If A Maoist Seeks His Professional Assistance: Madras HC [Read Order]

‘Meeting of an accused person in the prison by a lawyer, would not mean that there was criminal conspiracy between them.’While discharging a lawyer from a criminal case, the Madras High Court observed that appearing for a Maoist is not a crime and if a Maoist accused of an offence seeks the professional assistance of a lawyer, it is his duty to defend.Murugan, a lawyer practicing in...

Cyber Criminals Are Way Ahead Of The Law Enforcement Officers: Kerala HC Asks State Police To Train Cops To Tackle Cyber Crimes [Read Judgment]

‘It is high-time for the State Police to bring out a good practise guide for digital evidence, if they intend to tackle cyber crime head on.’The Kerala High Court has called upon the State Police to bring out a good practise guide for digital evidence to tackle cyber crimes and also to impart training to police officers to tackle the criminal misuse of current and emerging...

E-Commerce Websites with Active Participation in Selling Process Can’t Claim Immunity Provided To Intermediaries, Says Delhi HC [Read Judgment]

 ‘E-commerce websites and online marketplaces ought to operate with caution if they wish to enjoy the immunity provided to intermediaries.’In an important judgment dealing with the violation of trade mark rights by e-commerce platforms and the extent of protection/exemption enjoyed them; the Delhi High Court has held that when an e-commerce company claims exemption under Section 79 of...

Delhi HC Dismisses Plea To End Discriminatory Practices In All Religions

Delhi High Court has dismissed a petition seeking an end to gender-discriminatory practices in all faiths and make acts of discrimination a penal offence.A bench of Chief Justice Rajendra Menon and VK Rao refused to entertain the plea saying it lacked “territorial jurisdiction”.“Petitioner has not indicated which of the temples mentioned in the petition is under the jurisdiction of...