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...

Delhi HC Issues Important Directives To Ensure Powers To Detain And Arrest For Security Proceedings [S.107&151 CrPC] Are Not Misused [Read Judgment]

‘Meanwhile, the rights against arbitrary denial of life and liberty of persons continue to be violated with impunity.’The Delhi High Court has issued a series of directions to ensure that the provisions of Sections 107 and 151 of the Code of Criminal Procedure, 1973 are not abused or misused by the Special Executive Magistrates and Police.The division bench of Justice S. Muralidhar...

Sohrabuddin Case: Bombay HC Dismisses PIL Seeking Direction To CBI To Challenge BJP President Amit Shah’s Discharge

The Bombay High Court on Friday dismissed the PIL filed by Bombay Lawyer’s Association seeking a writ of mandamus to be issued directing the CBI to challenge BJP president Amit Shah’s discharge in the alleged fake encounter case of Sohrabuddin Shaikh.A division bench of Justice Ranjit More and Justice BH Dangre said the petitioners had no locus in the case and since they had taken such a...

Centre Issues Fresh Notification, Appoints Justice Akil Kureshi As Acting Chief Justice Of Gujarat HC

In suppression of the notification issued yesterday appointing Justice AS Dave as the Acting Chief Justice of Gujarat High Court, the Centre today notified the appointment of senior-most judge of the high court, Justice Akil Kureshi as the Acting Chief Justice.The office of the Chief Justice of the High Court fell vacant consequent to the elevation of Justice Subhash Reddy to the Supreme...