Offence Of Abetment To Suicide (306IPC) Can't Be Quashed On Settlement Between Parties: Bombay HC [Read Order]

The Bombay High Court has refused to quash an FIR against a person who had filed a writ petition seeking the same on grounds of settlement with the first informant.The FIR was registered under Sections 498 A (cruelty), 406 (punishment for criminal breach of trust) and 306 (abetment to suicide) of the Indian Penal Code against the petitioner, Mohd Asgar Chaudhari, who was in a relationship...

Should A Lawyer Have A “Writer’s Mind”? [Part - 1]

Quite often we hear of the phrase “you write like a lawyer”. Clearly, lawyers are associated with intense, dense, jargon- ridden, complex content. The truth is legal writers are faced with more challenges than other writers.The challenge lies in writing cogently and with persuasion on complex matters with high stakes for readers who are not entirely familiar with the nuances of legal writing.Not only do lawyers have to focus on the law, they also have to “think like a writer”.Although it is...

High Courts Weekly Round-Up

Allahabad High CourtThe Allahabad High Court directed the removal of the vice-chancellor of Integral University, Lucknow. A bench of Justice Narayan Shukla and Justice Sheo Kumar Singh passed the order after hearing a PIL filed by one Junaid Ahmed, seeking issuance of a writ of quo warranto to SW Akhtar, VC of the university.The High Court held that that mere possession and recovery of...

498A: Vague allegations Not Sufficient To Prosecute Relatives Of Husband: MP HC [Read Judgment]

Madhya Pradesh High Court has recently held that in a prosecution under S.498A IPC (Matrimonial Cruelty) the case of the near and distant relatives of the husband stands on a different footing than that of the husband and parents-in-law.Justice GS Ahluwalia also held that in order to prosecute the other relatives, there has to be some specific allegations against them.The High Court...

Beg Pardon For Your Stupid Actions: Ram Jethmalani Tells Justice Karnan In Open Letter [Read Letter]

If you do not know the enormity of your madness, do meet me and I might put some sense in your head, Ram Jethmalani wrote."You have lost your mind," nonagenarian senior lawyer Ram Jethmalani has told Justice CS Karnan in a 'brief', but scathing open letter.A copy of the letter addressed to the controversial judge has been uploaded on his website.Jethmalani said he has great concern and...

Bill For Absolute Right To Appeal In Death Penalty Cases Introduced In Lok Sabha

A private member bill, 'The Constitution (Amendment to Article 134) Bill, 2017', to ensure natural and unrestricted right to appeal in the Supreme Court in all cases of death penalty, was introduced in the Lok Sabha on Friday, by Member of Parliament, Mr. B. Vinod Kumar.“Through this Bill, my intention is to ensure that every convict, who has been awarded death sentence by the lower court...

In Another First, Justice Karnan Directs CBI To Investigate SC Judges Who Issued Warrant Against Him

After a seven Judge Bench of the Supreme Court headed by the CJI issued a bailable warrant against Calcutta High Court Judge Justice Karnan, the latter has now reportedly passed an order directing the Central Bureau of Investigation to investigate and file a report against all the seven Judges and Attorney General Mukul Rohatgi.“Yes, this has never happened before just like the SC order...

Justice GS Patel Expresses Regret At Order That Might Have Embarrassed Lawyer [Read Order]

In a rare gesture, Justice GS Patel of the Bombay High Court has expressed his regret at the remarks recorded in the order dated February 22, while hearing a notice for motion in a commercial suit filed by Gillete India.In the order dated March 6, which was first published by Legally India, Justice Patel recorded: “This matter is placed today at my instance. I have done so to clarify...

Maternity Benefit (Amendment) Bill, 2016 Passed

Parliament has passed the Maternity Benefit (Amendment) Bill, 2016 as Loksabha passed it on Thursday.Rajyasabha had passed the Bill during the winter session of Parliament.The Maternity Benefit Act 1961 protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child. The act...

No Privilege To MP Making Defamatory Speech Outside Parliament: Delhi HC Refuses To Reject Defamation Plaint Against Kirti Azad [Read Judgment]

While refusing to reject a plaint filed by Hockey India president Narinder Dhruv Batra against MP Kirti Azad, the Delhi High Court has observed that Article 105 of the Constitution does not allow an MP to make defamatory statements outside Parliament.Justice Rajiv Sahai Endlaw made this observation while refusing to accept plea of Kirti Azad to reject the plaint.Narinder Dhruv Batra and...

“Today Is Women’s Day, At Least From This Day Onward, State Must Do Something Constructive For Victims": Bombay HC

Govt Compensation To Victims Of Sexual Assault, Acid Attacks Shameful: Bombay High Court.“Today is Women’s Day, At least from this day onward, State must do something constructive for Victims".These were the words used by Chief Justice Manjula Chellur while hearing a petition filed by the mother of a 14-year-old rape victim. The victim was granted Rs. 2-lakh compensation by the state...

Girl Voluntarily Accompanying A Known Person Doesn’t Mean She Consents To Have Sex With Him: Himachal Pradesh HC [Read Judgment]

Instead of criticising the prosecutrix, the learned trial judge should have taken into consideration such unbecoming behaviour of the said accused, the court observed.Convicting nine persons accused of raping a girl, the Himachal Pradesh High Court has observed that a girl voluntarily accompanying a known person does not imply that she was a consenting party to have sexual intercourse with...