Delhi High Court Weekly Round Up: August 15 To August 21, 2022

NOMINAL INDEXCitations 2022 LiveLaw (Del) 782 TO 2022 LiveLaw (Del) 791RAHUL MEHRA v. UNION OF INDIA AND ORS 2022 LiveLaw (Del) 782FLIPKART INTERNET PRIVATE LTD. v. STATE OF NCT OF DELHI & ANR. 2022 LiveLaw (Del) 783MOHD AZIZUL v. STATE 2022 LiveLaw (Del) 784SYED SHAHNAWAZ HUSSAIN v. THE STATE & ANR. 2022 LiveLaw (Del) 785Vinod Kumar Kila v. CBI 2022 LiveLaw (Del) 786SHEIKH ISHRAFIL...

Remission Granted To Convicts In Bilkis Bano Case: Is It Legal?

While the country was celebrating its 76th Independence Day on August 15, 2022, the Gujarat government, in a decision which is now criticised by media across the globe as a "tragic reflection of India's halting progress in addressing violence against women", released 11 convicts who had been sentenced to life imprisonment in the Bilkis Bano gang rape and murder case. The convicts were released after a State Government panel approved their application for remission of sentence under a remission...

Satyendar Jain Cannot Be Declared Person With Unsound Mind Or Disqualified From Delhi Legislative Assembly Under Writ Jurisdiction: Delhi High Court

The Delhi High Court has dismissed a public interest litigation seeking to declare AAP leader Satyendar Jain as a person of 'unsound mind' thereby seeking his disqualification from the Delhi Legislative Assembly.Jain is presently in judicial custody in a money laundering case being probed by the Enforcement Directorate.A division bench comprising of Chief Justice Satish Chandra Sharma and...

Heated Exchanges Erupt Between Calcutta HC Lawyers & Judge Over Allowing Journalists To Video Record Hearing

In an unprecedented development, a heated verbal exchange took place between Justice Abhijit Gangopadhyay and lawyers of the Calcutta High Court on Thursday after the judge allowed journalists present in the courtroom to make a video recording of the hearing pertaining to the illegal appointment of teachers in the state-run schools of West Bengal. Justice Gangopadhyay had directed six...

Bilkis Bano Case : Supreme Court Erred In Holding That Gujarat Govt Has Power To Decide Remission - Sr Adv Rebecca John

Criminal law expert Rebecca M John, Senior Advocate, opined that the Supreme Court erred in holding that the State of Gujarat has the jurisdiction to decide the remission of sentence of 11 convicts in the Bilkis Bano case.Speaking in an interview with LiveLaw, John said that as per Section 432(7) of the Code of Criminal Procedure, it is the State where the trial was held and where the...

District Collectors Will Be Answerable For Accidents Caused By Road Potholes ;Principles Of Constitutional Tort Will Apply : Kerala High Court

The Court further added that the Government of India and in particular, the Ministry of Road Transport have a specific role to play, particularly with respect to Constitutional Tort principles when someone is killed or injured in an accident on National Highway.

"Sexually Provocative Dress" Remark In Bail Order: A Case Of Judicial Stereotyping

A Sessions Court of Kerala recently received a lot of flak for its order granting anticipatory bail to author and social activist Civic Chandran in a sexual harassment case. Media across the globe reported on the order which drew criticism, not because of the grant of bail alone, rather, because of the reasoning provided for the grant of such bail. The reasoning thus provided for granting bail to the accused was that the offence of sexual harassment was not prima facie attracted when the...

Person Not Appearing & Pleading Before Courts Not An "Advocate", Mere Enrollment With Bar Council Is Of No Consequence: Gujarat High Court

The Gujarat High Court has reiterated that a lawyer who does not appear and plead before courts cannot designate himself as an "Advocate" even if he is enrolled with the Bar Council.It added that as per the Advocates Act and the Bar Council Rules, once the terms of employment do not require an advocate to plead and appear before the Courts, then during this period of employment, a...

Appeals Against ITAT Order Will Lie Only Before The High Court Within Whose Jurisdiction The Assessing Officer Is Situated: Supreme Court

Settling a crucial issue, the Supreme Court, on Thursday, held that appeals against orders of Income Tax Appellate Tribunal (ITAT) will lie only before the High Court within whose jurisdiction the assessing officer is situated. The Apex Court clarified that even if the case is transferred in exercise of power under Section 127 of the Income Tax Act, which enables a higher authority...

"There Is A Lot Of Importance To Marriage For Women", Says Supreme Court While Allowing Wife's Plea To Set Aside Divorce Granted To Husband

While setting aside a divorce decree granted in favour of a husband, the Supreme Court on Thursday orally remarked that marital status is important for women in India given the social situation here. A Division Bench of Justices UU Lalit and Ravindra Bhat was considering a petition filed by the appellant wife seeking to challenge a divorce decree granted by the High Court on the ground...

Pharma Cos Distributed Rs 1000 Crore Freebies Among Doctors To Prescribe Dolo-650 Tablets : FMRAI Tells Supreme Court

On Thursday, the Federation of Medical & Sales Representatives Association of India informed the Supreme Court that the Central Board for Direct Taxes have accused the Pharma Company manufacturing DOLO tablets, a fever reducing drug, of distributing INR 1000 crore worth freebies to doctors for prescribing dosage of 650mg. Senior Advocate, Sanjay Parikh appearing on behalf of...

New Supreme Court Guidelines On Sexual Harassment Cases [Video]

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