Shashi Tharoor Seeks Anticipatory Bail Days Before Court Appearance

Just days before he was to appear as an accused for allegedly abetting the suicide of his wife Sunanda Pushkar, Congress MP Sashi Tharoor moved an anticipatory bail plea on Tuesday and it is likely to be heard tomorrow.Tharoor moved the plea this morning before Additional Special Judge Arvind Kumar who has sought response of the Delhi Police while posting the hearing for tomorrow since...

Kathua Case: SC Allows 3 Witnesses To Approach J&K HC For Protection From Harassment By Police [Read Order]

The Supreme Court on Monday granted liberty to witnesses who were the classmates of Vishal Jangotra, one of the accused in the Kathua gangrape and murder case, to approach the Jammu & Kashmir High Court on the ground of harassment by the state police.Advocate Ravi Sharma  submitted that there were allegations of torture by the investigating agency. He prayed   for   directing  ...

Why Should Advocates Be ‘On Their Legs’ In Courts: NHRC Asks BCI To Look Into Advocate’s Complaint

In legal language, an advocate is said to be “on his/ her legs” when appearing in a court of law.However, this practice of advocates being on their legs while arguing at the Bench left an advocate from Ludhiana wondering if there were any rules calling for such a practice which, to him, amounted to inhuman treatment of advocates.Hariom Jindal, an advocate practicing in district courts...

Sathyasri Sharmila Becomes First Transgender Lawyer To Register With Bar Council Of Tamil Nadu And Puducherry

In a big win for inclusivity in the legal community, thirty-six-year-old Sathyasri Sharmila from Paramakudi in Ramanathapuram district has become the first transgender lawyer to enroll herself with the Bar Council of Tamil Nadu and Puducherry (BCTNP).Born as Udhayakumar, Sharmila walked out of her home at the age of 18, after her neighbours began ill-treating her. She then changed her name...

The Victim Woman’s Reflexive Overt Acts Alone Constitute Matrimonial Cruelty Under Section 498 A Of The Indian Penal Code

A closer examination of Section 498 A of the Indian Penal Code, 1860 (‘IPC’ for short) will reveal that all acts of cruelty (as generally understood) against a woman by her husband or his relatives may not amount to matrimonial cruelty within the meaning of the Section. Such cruelty may amount to other offences either under the IPC or any other law but not the cruelty as contemplated by Section 498 A of IPC. The said Section reads as follows :-“498A : Husband or relative of husband of a woman...

The Selective Battles Of Bar Council Of India-II

The BCI ought to do more ground check before making tall claims for 99.9%, because most discerning members of the bar do not wish to be counted in that 99.9%.The Bar Council of India (BCI) seems like a sleeping leviathan which springs into action only to wage its “selective battles”.  During April it had come up with a resolution—semantically flawed and conceptually confused, against lawyers who intended to move an impeachment motion against the CJI, which was commented upon in an earlier...

Forgetting Something Is Not Memory Loss, Nor Alzheimer’s - Otherwise Bulk Of This Court’s Bar & Bench Would Be Said To Suffer From Alzheimer’s : Justice GS Patel

“ Alzheimer’s is not word to be bandied about like this. It is a clinical condition with a pathology. All memory loss is not indicative of Alzheimer’s. Forgetting something is not a memory loss, nor Alzheimer’s — otherwise the bulk of this Court’s bar and bench would be said to suffer from Alzheimer’s”, observed Bombay High Court Judge Justice Gautam Patel while rebuking...

Complete Autistic Child's Passport Procedure & Interview At His Home: Bombay HC To Authorities [Read Order]

The Bombay High Court recently permitted a US national to adopt a 12-year-old autistic boy and directed the passport office to complete the travel document formalities at his residence, noting that he may have difficulty in travelling and waiting for the same at the Passport Office.The Court was hearing a foreign adoption petition filed by a 59 year old American national, Debbie Jean Childs,...

Co-Operative Society Is Not An ‘Industry’ Within The Meaning Of Industrial Disputes Act: Bombay HC [Read Judgment]

The Bombay High Court has held that a co-operative housing society cannot be said to be an ‘industry’ within the meaning of Section 2(j) of the Industrial Disputes Act.Justice SC Gupte was hearing a writ petition filed by Arihant Siddhi Co-op Housing Society challenging an award passed by the Labour Court, Mumbai, wherein the Society’s erstwhile watchman was reinstated with full back...

Governor Or An Agent

“A thousand years scarce serve to form a State; An hour may lay it in the dust.” - Lord Byron It is being said that Justice must not only be done but must appear to be done. Like Justice, accord to the constitutionalism must not only be inculcated but also appear to be inculcated. Governor and the office of the Governor has a long history. We are a federal structure, Are we? Perhaps yes, barring the manipulations and manoeuvring by few whose eyes twinkle more than the twinkle twinkle little...

Office Of Public Prosecutor Can’t File Private ‘Defamation’ Complaints When Alleged Statements Don’t Have Direct Bearing On Public Functions: Madras HC [Read Order]

‘The Public Prosecutor cannot institute a private complaint taking cudgels on behalf of the person defamed.’Quashing criminal proceedings against a Dravida Munnetra Kazhagam (DMK) member who allegedly made defamatory statements against former Chief Minister of Tamil Nadu, the late J Jayalalithaa, the Madras High Court observed that for the statements which do not in any way pertain to...

U’khand HC Quietens The Noise: Sets Max Limit For Loudspeakers, Pvt Sound System At 5dB, Motorcycles To Be Fitted With Silencers [Read Order]

The Uttarakhand High Court has silenced the blaring of the loudspeakers or public address system in the state by announcing that any person, including religious bodies in temples, mosques and gurdwaras, cannot use them without a written undertaking that the noise level will not exceed 5 decibel (dB) peripheral noise level.Not just that, even a privately-owned sound system like the one used...