Bombay HC Upholds Transfer Of Case After Party’s Lawyer Comments On Judge’s Facebook Post [Read Order]

A Division Bench of the Bombay High Court recently upheld the decision to transfer a case from a lower court judge after one of the parties’ lawyers commented on the judge’s FaceBook post.Justice Shantanu Kemkar and Justice Nitin W. Sambre in fact opined that the lawyer’s act of commenting on the judge’s post is capable of being viewed...

Punjab & Haryana HC Confirms Death Penalty For Haryana Women & Her Lover For Murdering 7 Members Of Her Family [Read Judgment]

The Punjab and Haryana High Court on Tuesday confirmed the death sentence awarded to a Haryana woman and her boyfriend for poisoning and strangulating seven members of her family, including four children, in September 2009.The Bench comprising Justice A.B. Chaudhari and Justice Kuldip Singh observed, “In this case, the collective conscience of community is shocked and in opinion of this...

Marital Rape Hearing-Marriage Does Not Mean That Wife Should Always Be Willing To Engage In Sexual Relations: Delhi HC

Hearing petitions demanding criminalisation of marital rape, the Delhi High Court on Tuesday reportedly asserted that marriage does not mean that the wife should always be willing to consent to have physical relations with her husband.The observation was made by a Bench comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar, on a Petition by the RIT Foundation, with the...

Acceptance Of Bribe Can Be Presumed If Accused Fails To Give Satisfactory Explanation For Possessing Bribe Money: SC [Read Judgment]

‘Since it is established that the accused was possessing the bribe money, it was for them to explain that how the bribe money has been received by them and if he fails to offer any satisfactory explanation, it will be presumed that he has accepted the bribe.’Interpreting Section 20 of the Prevention of Corruption Act, the Supreme Court in State of Gujarat vs. Navinbhai Chandrakant Joshi,...

Kerala Church Sex Scandal: SC Stays Arrest Of Two Accused Priests Till Thursday

The Supreme Court today deferred till Thursday the hearing on anticipatory bail plea of Father Soni Abraham Varghese and Father Jaise K George in connection with the sex scandal case involving Malankara Orthodox Syrian Church in Kerala.A Bench of Justice A K Sikri and Justice Ashok Bhushan meanwhile directed that no action shall be taken against the two till Thursday."We are not saying...

‘The Wire’ Stands By Its Article Against Jay Amit Shah; Rules Out Apology

The Wire affirmed that it was standing by its article published against Jay Amit Shah, by ruling out an apology to him. “There is no question of apology”, submitted Senior Advocate Raju Ramachandran, appearing for ‘ The Wire ’ and reporter Rohini Singh, who was the author of the contentious article titled “The Golden Touch of Jay Amit Shah”.“The Wire” has approached the...

Consent Not A Defence For Offences Under POCSO Act: Kerala HC [Read Order]

"A minor girl can be easily lured into giving consent for sexual intercourse since she does not have the capacity to understand the implications thereof. Such a consent, therefore, is treated as not an informed consent given after understanding the pros and cons as well as consequences of the intended action."While denying pre-arrest bail of a person accused of committing offence under POCSO...

Lawyer’s Rape At Saket Court: Delhi HC ACJ Gita Mittal Convenes Urgent Meeting, Takes Stock Of Security In Courts

Distt and Sessions judges told to regularly interact with the BarIn wake of the alleged rape of a lady lawyer by a senior colleague in his chamber in Saket court complex two days ago, Delhi High Court Acting Chief Justice Gita Mittal on Monday morning convened a meeting of judges of the high court and district court.ACJ Mittal met the administrative committee of Delhi High Court, which...

Netflix ‘Sacred Games’ Defaming Rajiv Gandhi? Delhi HC Says Actors Not Responsible For Dialogues, Asks If Plea Can Be Heard As PIL

The Delhi High Court on Monday said actors cannot be held responsible for dialogues or enacting their character while seeking to know if a plea seeking deletion of certain scenes from Netflix show ‘ Sacred Games ’ for being derogatory to former Prime Minister Rajiv Gandhi could be heard as a PIL.A bench of Justices Sanjiv Khanna and Chander Shekhar sought to know from the petitioner if...

Single Mothers Cannot Be Forced To Disclose Name Of Child’s Father For Birth Certificate: Madras HC [Read Order]

Madurai Bench of the Madras High Court on Wednesday made it clear that there exists no legal obligation for single mothers to disclose the name of their child’s father while registering for the child’s birth.Justice M.S. Ramesh observed, “There are also cases where women are constrained to raise children with their own sources in view of their unwilling and unconcerned partners. It...

Whether Anticipatory Bail Should Be Valid Only Till The Filing Of Charge Sheet?An Analysis

The importance of anticipatory bail in the administration of criminal justice cannot be overemphasized. The Hon’ble Supreme Court has repeatedly emphasised that while considering the issue of bail, courts have to keep in view the competing interests of the society, to keep the criminals at bay and the right of an individual to personal liberty, maintaining a fine balance between the two. Similarly, certainty in the laws is equally important for a civilized society governed by the Rule of Law. ...

Kolkata Court Summons Shashi Tharoor As Advocate Objects To ‘Hindu Pakistan’ Remark, Summons To Be Served Via Twitter Also

Congress leader Shashi Tharoor has been summoned by a Kolkata court on Saturday on the complaint of an advocate over his “Hindu Pakistan” remark and the authorities have been allowed to serve summons to the Thiruvananthapuram MP through his official Twitter handle apart from the regular process of law.Advocate Sumeet Chowdhury had moved court accusing Tharoor of insulting the nation...