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Can Legal Expense Insurance Bridge India's Justice Gap?
Access to justice occupies a central place in India's constitutional imagination. The right to life and personal liberty under Article 21 has long been interpreted to include meaningful access to courts, while Article 39A directs the State to ensure equal justice and free legal aid so that economic disability does not become a barrier to legal remedies. Yet, despite this normative clarity, the lived reality of litigation in India continues to remain deeply unequal.For a vast section of citizens,...
MP High Court Quashes Termination Of District Court Staff After Over 22 Years Service, Says 'Irregular' Appointments Not Illegal
The Madhya Pradesh High Court has quashed the termination of several Class-III employees of District Court establishments, holding that their removal from service after more than two decades on the ground of alleged illegality in appointment was unsustainable in law. The Division Bench of Justice Vivek Rusia and Justice Pradeep Mittal ruled that the appointments made in the years 1994–1995...
Sr Adv Vivek Tankha Agrees To Withdraw Defamation Case Against Union Minister Shivraj Singh Chouhan
The Supreme Court today disposed of Union Minister Shivraj Singh Chouhan's plea seeking quashing of the criminal defamation case filed against him by Congress MP and senior advocate Vivek Tankha in view of a settlement between the parties.A bench of Justice MM Sundresh and Justice N Kotiswar Singh recorded the withdrawal of the proceedings by Tankha and closed the case pending before...
Armed Forces Tribunal Can Hear Appeal Against Findings Of ICC Under POSH Act : Supreme Court
The Supreme Court recently ruled that an army personnel aggrieved by the findings of the Internal Complaints Committee (ICC) under the POSH Act can file an appeal before the Armed Forces Tribunal. “Section 14 of the AFT Act, 2007 when read in juxtaposition with Section 18 of the POSH Act, we find that the appellant herein had rightly approached the Tribunal so as to assail the report as...
Abscondence Of Co-Accused Can Be A Relevant Factor While Deciding Bail Under NDPS Act: Delhi High Court
The Delhi High Court has held that the presence of an absconding co-accused can be a relevant factor while considering bail under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.Justice Saurabh Banerjee was hearing the bail application filed by a foreign national accused in a case involving recovery of 256 grams heroin— commercial quantity of narcotic substance,...
Madras High Court Asks Parties To File Their Objections To Medical Board's Report On Savukku Shankar's Heath
The Madras High Court has called for objections to the report filed by the Medical Board which assessed the health condition of YouTuber-Journalist Shankar @ Savukku Shankar. The bench of Justice P Velmurugan and Justice M Jothiraman directed the Additional Public Prosecutor and the counsel representing Shankar's mother Kamala to file their response/objection to the Medical Board's report. It...
Delhi High Court Restores Interim Injunction In Favour Of Mold-Tek Packaging; Remands Patent Validity Issue For Fresh Consideration
The Division Bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla has partly set aside an order of the Commercial Court and restored the ex parte ad interim injunction in favour of Mold-Tek Packaging Ltd. in a patent infringement dispute against Neway Industries Pvt. Ltd.The Court clarified that once a prima facie case of patent infringement is established, the burden of raising a credible challenge to patent validity under Section 107 of the Patents...
Calcutta High Court Upholds Life Sentence In Panchayat-Poll Eve Murder Case, Says Oral Dying Declaration Enough To Uphold Conviction
The Calcutta High Court has upheld the conviction and life sentence of two appellants for the murder of a villager shot inside his home on the eve of Panchayat elections, holding that a spontaneous oral dying declaration made by the victim immediately after being shot, and heard by his family members, constituted reliable and admissible evidence under Sections 6, 7 and 32 of the Indian...