Rights Of Mediaperson Not Higher Than That Of Common Man, Responsibilities Are: Delhi court [Read Judgment]

Observing that the rights of press persons are not higher than that of the common man but the responsibilities are higher, a Delhi court has said press does not enjoy any special privileges to comment, criticize or even to investigate the facts of any case.Additional District Judge Raj Kapoor said so while deciding a suit for damages filed by a north Delhi resident, a stock broker, against...

Bombay HC Quashes FIR In Rape Case, Imposes Rs. 50,000 Cost On Petitioner For Using Court For Private Dispute [Read Judgment]

The Bombay High Court recently quashed an FIR filed under Section 376 (2) of the Indian Penal Code on the condition that the petitioner-accused pays cost of Rs. 50,000 for burdening the court machinery in order to settle a private dispute.A bench of Justice Ranjit More and Justice Sarang Kotwal directed the authorities that the amount be used towards treatment of advanced and...

The Right to Privacy Hearing: Problems and Prospects

A nine-judge bench of the Supreme Court reserved judgment on the issue of whether there exists a fundamental right to privacy under the Indian Constitution. The case, which arose out of the constitutional challenge to the Aadhaar Scheme (and which has been covered extensively on this blog), was argued over seven days. An informal record of the oral hearings, prepared by two of us, is available here (filter for bias, because both Prasanna and I were representing the Petitioners), and the parties’...

Cannot Quash Rape Charges Just Because The Accused Married The Complainant: Delhi HC [Read Judgment]

The Delhi High Court on Tuesday relied on the Supreme Court decision in the case of Gian Singh v. State of Punjab, (2012) 10 SCC 303, and refused to quash rape charges against an accused who had gone on to marry the complainant.“In view of settled legal position enumerated in Gian Singh’s case, (Supra), the criminal proceedings emanating from an FIR registered with allegations of rape,...

Cruelty To Women [498A] Apex Ruling: Wise Resolution?

The Supreme Court has directed the setting up of district level Family Welfare Centres to scrutinise and investigate complaints by a wife of cruelty by the husband or his family before a First Information Report (FIR) can be lodged. The FIR is the initial step which kick-starts the criminal justice machinery. The judgment seems largely based on the premise of misuse of the provision Section 498-A of the Indian Penal Code (IPC) dealing with cruelty to wife by the husband or his relatives.In a way...

IDIA Continues Its Crusade; Unleashes New Public Interest Initiative

IDIA (Increasing Diversity by Increasing Access to Legal Education) has been a pioneer in the struggle for elimination of inequities in education. Since its inception, IDIA has not just reached out to several marginalized and under-represented groups, helping them dream a dream that was until now the privilege of only a handful, it has also helped several such dreamers to achieve...

Delhi HC Grants Interim Relief To NDTV Against Coercive Action Of I-T Dept [Read Order]

The Delhi High Court has granted interim relief to NDTV, which has been served Income Tax notice of Rs. 428 crore and has been asked to pay up the amount “immediately now”, observed that no coercive action should be taken against the media house.“The requirement that it (tax) should be paid ‘immediately now’, the petitioner would be subjected to hardship and prejudice if such an...

“I know Your Lordship’s Affection Towards Ladies!”

It was quite a while back. Former Chief Justice Of India, Justice Rajendra Babu was hearing a Transfer Petition filed by a husband to transfer a divorce case filed by his wife to the place of his choice. As per the practice that existed then, the court was in no disposition to accept the husband’s plea. The earthy lawyer who was representing the husband realized the fate of his case; he knew that despite a good case, the Judge was in favor of the wife.  He pleaded desperately, “Please my lords,...

Calcutta HC Condemns Outsourcing The Recording Of Judicial Orders To Police Personnel By Magistrates, Issues Guidelines [Read Judgment]

The Calcutta High Court recently frowned upon the Magisterial practice of outsourcing the recording of judicial orders to police personnel, and framed guidelines for “future guidance of criminal courts”, non-observance of which may cause initiation of departmental proceedings.“The step taken by the Magistrate in outsourcing the recording of judicial orders to officers unattached to...

Decide On The Regularization Of Payment Of Salaries In Private Engineering Colleges: SC To AICTE [Read Order]

The Supreme Court on Monday directed the All India Council for Technical Education (AICTE) to decide on the issue of regularizing and ensuring timely payment of salaries in private engineering colleges in India.With an order to make a representation to the AICTE, the Bench comprising Chief Justice J.S. Khehar and Justice D.Y. Chandrachud disposed of a Petition which had also demanded an order...

Date For Filing Of Income Tax Returns Extended To 5th August

The Finance Ministry has extended the last date for filing income tax returns extended for five days up to 5th August.In a press release, the Finance Ministry it is stated as follows;“There are some complaints that the taxpayers are not being able to log on to the e-filing website of Income Tax Department or not being able to link Aadhaar with PAN because of different names reflected in PAN...

Online Risks &Threats For Children: Legal Framework Vs Prevention Thru’ Education & Digital Parenting

 There is no doubt that the internet yields numerous opportunities and benefits for children in terms of its impact on their educational attainment. However, it has also exposed children to very serious dangers (modern age crimes) that defy age, geographic location and other boundaries, unlike in the real world.  Social networking sites have made things so easy for predators to target their victims online.Children are being groomed or lured into sexual conversation or exploitation by adult...