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CLAT 2019 Exam Rescheduled to May 26.

Common law Admission Test (CLAT) 2019 has been rescheduled to May 26 from May 12 (as decided earlier).

The decision was taken by the CLAT Consortium. It has also decided to change the last date for submission of applications from March 31 to April 15. The sixth phase of the Lok Sabha polls will be held on May 12.

CLAT 2019 Convenor and Vice-Chancellor of National Law University, Odisha Prof Srikrishna Deva Rao confirmed that the exam has been postponed in view of the upcoming Lok Sabha elections.

 

List of the NLUs this year:

  1. National Law School of India University (NLSIU), Bangalore
  2. National Academy of Legal Study and Research University of Law (NALSAR), Hyderabad
  3. The National Law Institute University (NLIU), Bhopal
  4. The West Bengal National University of Juridical Sciences (WBNUJS), Kolkata
  5. National Law University, Jodhpur (NLUJ)
  6. Hidayatullah National Law University (HNLU), Raipur
  7. Gujarat National Law University (GNLU), Gandhinagar
  8. Dr. Ram Manohar Lohiya National Law University (RMLNLU), Lucknow
  9. Rajiv Gandhi National University of Law (RGNUL), Punjab
  10. Chanakya National Law University (CNLU), Patna
  11. National University of Advanced Legal Studies (NUALS), Kochi
  12. National Law University, Odisha (NLUO)
  13. National University of Study and Research in Law (NUSRL), Ranchi
  14. NLU and Judicial Academy, Assam
  15. Damodaram Sanjivyya National Law University (DSNLU), Vishakhapatnam
  16. Tamil Nadu National Law School, Tiruchirappalli
  17. Maharashtra National Law University (MNLU), Mumbai
  18. Maharashtra National Law University (MNLU), Nagpur
  19. Maharashtra National Law University (MNLU), Aurangabad
  20. Himachal Pradesh National Law University (HPNLU), Shimla
  21. Dharamshastra National Law University (MPDNLU), Jabalpur

Apart from the NLUs, 17 private law colleges have signed an MoU with the Consortium to use CLAT scores for admission.

The application process for the Common Law Admission Test (CLAT) 2019 began on January 13. Candidates can apply for CLAT 2019 exam online at the new website of CLAT clatconsortiumofnlu.ac.in.

CLAT 2019 or the Common Law Admission Test is a national-level entrance exam which is held to screen law aspirants from across India for admission to undergraduate and postgraduate programmes offered by 21 National Law Universities.

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Goa CM Manohar Parrikar Passes Away, govt. declares national mourning on Monday.

Goa chief minister Manohar Gopalakrishna Prabhu Parrikar, a former defence minister who had been battling a pancreatic ailment for over a year, died at his private residence on Sunday. He was 63. The condition of the former defence minister, diagnosed with advanced pancreatic cancer in February last year, turned "extremely critical" on Sunday. According to reports, Parrikar had been on life support system since late Saturday night.

Parrikar served the state four times as chief minister and had a three-year-long stint as defence minister in the Narendra Modi-led cabinet. Born on December 13, 1955 into a middle class family, his political career began as an RSS pracharak and he continued working for the Sangh even after graduating from IIT-Bombay as a metallurgical engineer. Parrikar entered electoral politics in 1994 when he won on a BJP ticket from Panaji constituency. He was leader of the Opposition from June to November 1999 and was known for his speeches against the then Congress-led government. He became chief minister of Goa for the first time on October 24, 2000, but his tenure lasted only until February 27, 2002. On June 5, 2002, he was re-elected and served another term as chief minister.

Parrikar is survived by two sons and their families.

 

President Ram Nath Kovind said, "Extremely sorry to hear of the passing of Shri Manohar Parrikar, chief minister of Goa, after an illness borne with fortitude and dignity.

 

P.M. Narendra Modi condoled the death of Parrikar, hailing him as an "unparalleled leader".

"Shri Manohar Parrikar was an unparalleled leader. A true patriot and exceptional administrator, he was admired by all. His impeccable service to the nation will be remembered by generations. Deeply saddened by his demise. Condolences to his family and supporters. Om Shanti," Modi said in one of several tweets.

 

 

Amit Shah wrote on Twitter, "Manohar Parrikar ji's demise is extremely painful. In him, the nation has lost a true patriot who selflessly dedicated his entire life to the country and ideology. Parrikar jis commitment towards his people and duties was exemplary."

More...

London Court Issues Provisional Warrant, Nirav Modi Likely To Be Arrested Soon
Westminster Court, London has issued a provisional arrest warrant against fugitive dimanitaire Nirav Modi and speculations are now rife that the diamond trader who is allegedly responsible for the Rs.13,000 crore Punjab National Bank scam will be arrested soon. Earlier, ED had registered a case against Modi and others under the Provisions of Money Laundering Act after CBI registered an FIR against him under Sections 120-B r/w 420 of IPC read with Section 13(2) read with 13(1)(d) of Prevention of Corruption Act, 1988. UK daily The Telegraph had recently tracked Modi in the streets of London and reported that Modi was still living in luxury and that he was involved in a new diamond business. Modi's assets worth Rs 1,873.08 crore have been attached by the ED under PMLA, and has also seized assets owned by him and his family worth Rs.489.75 crore.
Date - Tue, 19 Mar 2019 11:35 AM


Anil Ambani Avoids Prison by paying debt a day before deadline date
With Reliance Communications paying Rs.462 crores to Ericsson before the deadline fixed by the Supreme Court, its Chairman Anil Ambani has avoided imprisonment, reports the Economic Times. As per the ET report, Ericsson's lawyer confirmed receipt of the payment. On February 20, the Supreme Court had held Ambani and three Reliance companies guilty of contempt of court for not complying with the undertaking to settle the Rs.550 crores dues of Ericsson. Anil Ambani thanked his brother to help him.
Date - Tue, 19 Mar 2019 11:35 AM


RGNLU Student protests against the college administration entered day three.
Rajiv Gandhi National University of Law (RGNUL), Patiala students took to the University gates this morning, as their protests against the college administration entered day three. The protests had begun on Friday against the "arbitrary and wrongful"suspension of six hostel inmates allegedly after the boys raised their voice against the quality of food being served in their hostel. The suspension order was passed by Administrative Officer SP Singh. Students have, however, since claimed this order to be invalid, as it was issued without a proper hearing and in the absence of Vice-Chancellor Dr Paramjit Jaswal.
Date - Tue, 19 Mar 2019 11:35 AM


SC increased compensation in Acid Attack Case. A crime of this nature does not deserve any kind of clemency, said the Supreme Court.
Ishita was going to college when two boys came on a scooter and threw some acid over her from a jug and run away from the spot. A resident of the locality saw her crying with burn injuries and later jumping into the water tank nearby. She took her to hospital and subsequently case was registered against the accused. Trial Court convicted them for offence under Section 307/34 IPC and sentenced them to undergo rigorous imprisonment of 10 years with a fine of Rs. 5,000 each. Partly allowing the appeal, the High Court held that the offence under Section 307/34 IPC was not made out and converted the offence from Section 307/34 IPC to Section 326 IPC and sentenced them for a period of 5 years rigorous imprisonment with a fine of Rs. 25,000 each. The State appealed against the High Court order. Though the Apex court did not interfere with sentence and conviction recorded by the High Court, it said: "Indeed, it cannot be ruled out that in the present case the victim had suffered an uncivilized and heartless crime committed by the respondents and there is no room for leniency which can be conceived. A crime of this nature does not deserve any kind of clemency. This Court cannot be oblivious of the situation that the victim must have suffered an emotional distress which cannot be compensated either by sentencing the accused or by grant of any compensation." . "Taking note of the precedents of which reference has been made, we consider it appropriate to observe that both the accused shall pay the additional compensation of Rs. 1,50,000 (Rupees One Lakh and Fifty Thousand) each and the State of Himachal Pradesh shall pay the compensation as admissible under the Victim Compensation Scheme as in vogue to the acid victim. If the accused does not pay the additional compensation amount of Rs. 1,50,000/- (Rupees One Lakh and Fifty Thousand) each within six months, the defaulting accused shall suffer rigorous imprisonment of six months. The State shall deposit the compensation before the trial Court within three months from today and the learned trial Court, after proper identification of the victim, disburse at the earliest." SC observed
Date - Tue, 19 Mar 2019 11:35 AM


Parents are not only caretakers, but they are instrumental in the development of their child's social, emotional, cognitive and physical well-being
The Supreme Court, while delivering a judgment in yet another custody battle between parents, expressed concern about children, the ultimate sufferer in such cases. Divorce and custody battles can become quagmire and it is heart wrenching to see that the innocent child is the ultimate sufferer who gets caught up in the legal and psychological battle between the parents, said the bench comprisingJustice AM Khanwilkar and Justice Ajay Rastogi. However, the court observed that a child's future relationship with each of his parents may be better maintained and his existing relationship is less damaged by a negotiated settlement than by one imposed by a court after adversarial proceedings. The court said: "The judicial resolution of a custody dispute may permanently affect or even end the parties' legal relationship but the social and psychological relationship will usually continue and it seems appropriate that a negotiated resolution between the parents is preferable from the child's perspective for several reasons. A child's future relationship with each of his parents may be better maintained and his existing relationship is less damaged by a negotiated settlement than by one imposed by a court after adversarial proceedings." "Spouses must come over the temperamental disharmony which usually exists in every marriage, rather than magnifying it with impulsive desires and passions. Parents are not only caretakers, but they are instrumental in the development of their child's social, emotional, cognitive and physical well-being and work harmoniously to give their children a happy home to which they are justly entitled to. " LAHARI SAKHAMURI v. SOBHAN KODALI
Date - Tue, 19 Mar 2019 11:35 AM


Views in Lead Judgment Are Binding Precedents If Concurring Judgments Did Not Express Any Contrary Opinion
Is a view on a legal issue expressed in a lead judgment delivered by one of the judges of a Supreme Court bench is a binding precedent if the other judges of the bench in their concurring opinions did not express any opinion on it? Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari answered this interesting question in a judgement . "We are of the considered view that law laid down in the lead judgment in Express Newspaper (supra) is the law by three Hon'ble Judges who constituted the Bench and thus binds all the Courts in the country under Article 141 of the Constitution. It satisfies the test laid down by Lord Esher M.R. in the case of The Guardian (supra)."
Date - Tue, 19 Mar 2019 11:35 AM


Kerala HC strikes down discriminatory girl’s hostel rules, Girls have equal freedom as boys do.
High Court of Kerala while striking down a stipulation in Hostel Rules which barred girl boarders from going for the first and second show movies said ‘A girl is having equal freedom similar to a boy’. Justice A Muhamed Mustaque, striking down the said stipulation in Rules of Girls' hostel attached to Sree Kerala Varma College noted that there is no such restriction in the boy's hostel. "It appears that moral choice of the management is attempted to be imposed upon the Boarders. The moral paternalism is something to be frowned upon. A girl is having equal freedom similar to a boy. There are no similar restrictions in the boy's hostel. It is for the students to decide whether they should go for first or second show movies or not. This is an activity outside the hostel activity” court observed.
Date - Tue, 19 Mar 2019 11:35 AM


Two advocates moved the SC seeking a court-monitored probe into the Pollachi serial sexual assault case
Two advocates moved the Supreme Court seeking a court-monitored probe into the Pollachi serial sexual assault case and direction to the State and its police to provide necessary safeguard to the victim and their families and to ensure that the videos of the victims shot by the accused are not made public. A Rajarajan and Y William Vinoth Kumar, who are practicing in Delhi, moved the court saying, "the investigation be monitored by this Hon'ble Court as the entire scandal seems to have been done with political nexus and the victims have already suffered a barbaric sexual assault…". In light of the fact that the family of one of the victims, a 19-year-old collegegoer, was also assaulted by the gang involved in serial sexual assault of hundreds of women and her identity was revealed, the petitioners prayed that investigation be monitored by the apex court so as to "create a conducive atmosphere for the suspected victims to come out and give their complaint; To keep the identity of the suspected victims under secrecy and to restrain media trails and to restrain online publishing of victims videos, if any, possessed by any individual".
Date - Tue, 19 Mar 2019 11:35 AM


SC asks WB Govt. for smooth and uninterrupted screening of movie “Bhobishyoter Bhoot"
"Repeatedly, in decisions of this court, it has been held that once a film has been duly certified by CBFC, it is not open to any authority either of the State Government or otherwise to issue formal or informal directions preventing the producer from having the film screened. Such actions of the State directly impinge upon the fundamental right to the freedom of speech and expression" bench of Justices D Y Chandrachud and Hemant Gupta observed while issuing notice to WB Government on a petition by the producers of the film complaining that the film was taken off from the theatres following an 'unofficial ban' by the Government.
Date - Tue, 19 Mar 2019 11:35 AM


Employer is not expected to tell Employee about the Service Rules, its Employee’s duty to know it.
Justice L. Nageswara Rao and Justice MR Shah was considering an appeal by an employee against Madras High court order dismissing his challenge against Central Administrative Tribunal that department to place an in the seniority list above him. "The learned Tribunal as well as the High Court are not justified in directing to put respondent No. 4 in the seniority list above the appellant who, in fact, was appointed in the LDCE quota and the respondent No. 4 never accepted his promotion in the LDCE quota. It was for the employee to know the rule. The department was not expected to advise and/or tell the employee about how the seniority will be fixed and/or about the rota¬quota rule." SC observed.
Date - Tue, 19 Mar 2019 11:35 AM


SC dismissed a plea seeking a direction to the Central Government to send Muslims to Pakistan
The Supreme Court dismissed a plea seeking a direction to the Central Government to send Muslims living in India to Pakistan. Sangat Singh Chauhan filed the plea which also sought a direction to the government to bring Hindus living in Pakistan to India, came up for hearing before a bench of Justices R F Nariman and Vineet Saran. "What is this? Do you seriously want to argue this? Are you sure? We will hear you but we will pass strictures against you," the bench told the counsel representing the petitioner.
Date - Tue, 19 Mar 2019 11:35 AM


CAG report given to Your Lordships, certain pages had been omitted, said AG in Courtroom exchange
"There has been a mistake. In the copies of the CAG report given to Your Lordships, certain pages had been omitted. It is important because why the price was redacted from the report is mentioned in it. Any disclosure of the price would violate the IGA (Inter-governmental Agreement between India and France)", said Attorney General K. K. Venugopal at outset as the hearing on the review petitions against the December, 2018 Rafale verdict began in the Supreme Court on Thursday.
Date - Tue, 19 Mar 2019 11:35 AM


Marginal delay in payment of the deposit of court fees cannot be a ground to deprive the opportunity to prosecute suit on merits: Bombay HC
The Bombay High Court held that marginal delay in payment of the deposit of court fees cannot be a ground to deprive the opportunity to prosecute suit on merits. The petitioners before the court had challenged an order passed by the trial court granting an extension of time for payment of deposit of court fees by invoking inherent powers under Section 151 CPC. The respondent's plaint was rejected on account of non-payment of deficit court fees determined by the trial judge within the prescribed time period.
Date - Tue, 19 Mar 2019 11:35 AM


Mere disclosing the names of the appellants cannot be said to be strong and cogent evidence to make them to stand trial for the offence under Section 319 of the Code

Date - Tue, 19 Mar 2019 11:35 AM


Why still no mechanism to monitor the assets of Politicians?
The Supreme Court asked the Centre to explain in two weeks why it has not set up a permanent mechanism to monitor the undue accretion of assets by elected representatives as directed by it last year. On Feb 16 2018, the apex court had said the undue accretion of assets by lawmakers was a "sure indicator" of the beginning of a failing democracy, which if left unattended, would lead to the destruction of democracy and pave way for "rule of mafia".
Date - Tue, 19 Mar 2019 11:35 AM


Centre urged the SC to direct removal of the leaked "secret" documents relating to Rafale
In an affidavit sworn by Defence Secretary Sanjay Mitra, the Centre said, "these documents belong to a class in respect of which privilege is hereby claimed under Section 123 of the Indian Evidence, 1872, but since the petitioners have unauthorisedly and illegally produced the same already and disclosed their contents along with the Review Petition and Misc. Application filed by them and that all details are already in the public domain, it has become imperative for the Union of India to seek removal of these documents from the record of the Review Petition and Misc. Application filed by the petitioners…" The Centre further said, "Even though the Central Government maintains secrecy, the petitioners and the deponent of the affidavit of the Review Petition are guilty of leakage of sensitive information, which offends the terms of the agreements. Additionally, those who have conspired in this leakage are guilty of penal offences under the Indian Penal Code including theft by unauthorized photocopying and leakage of sensitive official documents affecting National Security. These matters are now a subject of an internal enquiry which has commenced on 28.02.2019, and it is currently in progress. In particular, it is of utmost concern to the Central Government to find out where the leakage took place so that in future the sanctity of decision making process in governance is maintained".
Date - Tue, 19 Mar 2019 11:35 AM


Married daughter would have a right of succession in the "lease premises"
Considering an appeal against the Bombay High Court (at Goa) order that had confirmed an order passed by the Inventory Court holding that a married daughter has no right in the "lease premises" and therefore the same cannot be subjected to the inventory proceedings. In this appeal (Uma Mahesh Bandekar vs. Vivek Sadanand Marathe), the court essentially considered the issue whether the married daughter would have a right of succession in the "lease premises" or not?. The Supreme Court has observed that a married daughter would have a right of succession in the "lease premises", as per the provisions of Goa Succession, Special Notaries and Inventory Proceeding Act, 2012. Justice L. Nageswara Rao and Justice MR Shah
Date - Tue, 19 Mar 2019 11:35 AM


Death sentence can only be given the Life Imprisonment seems inappropriate.
Commuting death sentence awarded to a man convicted for rape and murder of a five year old girl, the Supreme Court observed that death sentence must be imposed only when life imprisonment appears to be an altogether inappropriate punishment. The bench sentenced Sachin Kumar Singhraha to undergo a sentence of 25 years' imprisonment (without remission). The court said “As has been well settled, life imprisonment is the rule to which the death penalty is the exception. The death sentence must be imposed only when life imprisonment appears to be an altogether inappropriate punishment, having regard to the relevant facts and circumstances of the crime. As held by this Court in the case of Santosh Kumar Singh v. State through C.B.I., (2010) 9 SCC 747, sentencing is a difficult task and often vexes the mind of the Court, but where the option is between life imprisonment and a death sentence, if the Court itself feels some difficulty in awarding one or the other, it is only appropriate that the lesser punishment be awarded”. Justice NV Ramana, Justice Mohan M. Shanthanagoudar and Justice Indira Banerjee
Date - Tue, 19 Mar 2019 11:35 AM


When Contempt is in the face of court judges can take action without giving notice.
"When contempt is committed in the face of the Court, judges' hands are not tied behind their backs. The majesty of this Court as well as the administration of justice both demand that contemptuous behavior of this kind be dealt with sternly” observed SC. To hold Advocate Mathews Nedumpara guilty of contempt, the Supreme Court followed the dictum that when contempt is in the face of court, summary procedure can be followed to inflict punishment "then and there”. “We are of the view that the only reason for taking the learned Senior Advocate's name, without there being any relevance to his name in the present case, is to browbeat the Court and embarrass one of us" further added.
Date - Tue, 19 Mar 2019 11:35 AM


SC directed BCI to reconsider upper age limit for LLB admissions.
The Supreme Court directed the Bar Council of India to reconsider, after hearing the various stakeholders, the upper age-limit for taking admission to the five-year and three-year law degree courses. The bench headed by Justice SA Bobde was hearing a plea by Rishab Duggal for setting aside a 2016 circular by which the BCI had restored Clause 28 in Schedule III of Rule 11 of the Rules of Legal Education, 2008 (that was earlier withdrawn in 2013), which arbitrarily provides for a maximum age limit of as low as 20 years for taking admission in the integrated bachelor of law degree programme.
Date - Tue, 19 Mar 2019 11:35 AM


What’s the fate of persons whose name is on Electoral Roll but not in final NRC?
What would be fate of the persons whose names appear in the electoral roll but are not included in the final NRC?, Supreme Court bench asked the Election Commission of India. "Notwithstanding the contours of the present writ petition, the question that looms large and what the Court would like to be informed about is the precise relationship between the final N.R.C. which is due to be published on 31.7.2019 and the electoral rolls", the bench said. The bench was considering a writ petition filed by Gopal Seth raising allegation of deletion of the names of the petitioners from the voters' list on the basis of their names not appearing in the draft N.R.C. | Bench: Chief Justice of India Ranjan Gogoi, Justice Deepak Gupta and Justice Sanjiv Khanna
Date - Tue, 19 Mar 2019 11:35 AM


Only Officers with Minimum Service of 6 Months Left Should Be Considered for Appointment of DGP post
Supreme Court today said that only officers who have a minimum of six months tenure left in service should be considered for the post of Director General of Police (DGP).The states will have to send a list of senior police officers to Union Public Service Commission (UPSC) at least three months prior to the retirement of the incumbent. The commission will then prepare a panel and intimate the states, which in turn will immediately appoint one of the persons from that list. A bench headed by Chief Justice Ranjan Gogoi said the recommendation for post of DGP by the Union Public Service Commission (UPSC) and preparation of the panel should be purely on the basis of merit.
Date - Tue, 19 Mar 2019 11:35 AM


Political Ads to be Pre Certified, EC to monitor Social Media
All political ads and objectionable content will be closely monitored by Election Commission. Political parties must take pre certification before posting ads. EC keeping in mind the influence of Social Media in 2014 Lok Sabha election decided to impose Code of conduct on social media. "Media certification and monitoring committees (MCMCs) are in place at the district and state levels. One social media expert will also be part of this committee at each level now. All political advertisements, proposed to be issued on the social media, shall require pre-certification from the MCMC concerned," Chief Election Commissioner (CEC) Sunil Arora.
Date - Tue, 19 Mar 2019 11:35 AM


KL High Court bans Flex and other Non-Biodegradable materials for election campaigning.
Kerala High Court banned the use of flex and other non-biodegradable materials for campaigning throughout the state in the Lok Sabha elections. Chief Justice Hrishikesh Roy and Justice A K Jayasankaran Nambiar passed the interim order in a PIL seeking prohibition of use of Poly Vinyl Chloride (PVC) Flex Boards and other ecologically harmful materials for the upcoming polls. Petitioner said that the use of flex and non-biodegradable materials violates Environment Protection Act and Plastic Waste Management Rules 2016. The elections to the 17th Lok Sabha will be conducted in seven phases across the country from April 11 to May 19.
Date - Tue, 19 Mar 2019 11:35 AM


Judges' Chamber is also a Public Office, CCTV must be installed.
"Chamber of a Hon'ble Judge is also a "public office" and there cannot be any other interpretation other than this. Chambers of the Hon'ble High Court Judge is used as a Court Hall for conducting in-camera proceedings and to deal the administrative files, judicial orders and for dictation of judgments. Thus, the Chambers of the Hon'ble Judge is certainly the "public office" and there cannot be any other second opinion. When the Chamber of a Hon'ble Judge is a "public office", then there cannot be any inference in respect of the installation of CCTV Camera and the Hon'ble Judge felt that both for security purposes and to function transparently, such an action is initiated." Justice SM Subramaniam of Madras High Court
Date - Tue, 19 Mar 2019 11:35 AM


Advocate Nedumpara Guilty Of Contempt
The Supreme Court held Advocate Mathews Nedumpara guilty of committing contempt in the face of court for taking the name of Senior Advocate Fali S Nariman while arguing a case for abolition of the system of senior designation of advocates. The Court also dismissed the petition by National Lawyers' Campaign for abolition the practise of senior designation. According to NLC, the classification of advocates as senior and non-senior is discriminatory, favouring " elite class of lawyers, the kith and kin, nephews and juniors of sitting and former Judges of the Supreme Court and High Courts, so too of celebrated lawyers, Chief Ministers, Governors et al, and a few first generation lawyers who are all politically connected or are close to big industrial houses".
Date - Tue, 19 Mar 2019 11:35 AM


When a Cheque Bounce complaint against the Company and Company Director can be quashed?
Considering an appeal against an order passed by Telangana and Andhra Pradesh High Court which quashed a cheque complaint against directors of the Company, accused of dishonouring the cheque Supreme Court observed that High court could quash the complaint only if some unimpeachable evidence has been brought on record which leads to the conclusion that the Director could never have been in charge of and responsible for the conduct of the business of the company at the relevant time. The Supreme Court has reiterated that, a 'cheque bounce' complaint against a Company and its Director, must contain a specific averment that the Director was in charge of, and responsible for, the conduct of the company's business at the time when the offence under Section 138/141 of Negotiable Instruments Act was committed.
Date - Tue, 19 Mar 2019 11:35 AM


Rights of Persons with Disability during Air Travel, PIL filed in SC
The Supreme Court on Friday issued notice on a petition filed by a wheelchair-bound academic, who was not allowed to board a flight in 2017 and has now sought directions to the authorities for safeguarding the rights and dignity of persons with disabilities (PWDs) during air travel. Mr. Kaushik Kumar Majumdar, a professor at the Indian Statistical Institute and a Fulbright Scholar. He has 85% orthopaedic disability and is completely dependent on his electric wheelchair for mobility. While travelling from Bangalore to Kolkata in December 2017, Mr. Majumdar was denied boarding by Air India on the ground that he must remove all the wires from his electric wheelchair for it to be put in the aircraft's cargo hold. Mr. Majumdar then places on record several suggestions to ensure that the rights of PWDs are not violated while using air transport and prays for the reliefs.
Date - Tue, 19 Mar 2019 11:35 AM


Gender cannot be the sole ground for Bail.
Himanchal Pradesh High Court considering a bail application of Sushma Rani, who is accused of murder of her husband, observed that an accused is not entitled to bail solely on the ground that she is a woman. It is discretion of the Court to decide the bail application of a woman after considering the facts and circumstances of the case.
Date - Tue, 19 Mar 2019 11:35 AM


MP HC dismissed plea challenging Ban on Snake Charming.
Mahaveer Nath had approached the Gwalior Bench of the High court contending that he is deprived to carry out the vocation of snake charming for their livelihood. According to him, old traditional occupation and vocation by the members of Nath/Sapera community has been abruptly put to an end by prohibiting the keeping of snakes. The Madhya Pradesh High Court dismissed his petition challenging the Constitutional validity of Section 9 and 11 of the Wild Life (Protection) Act 1972. "[The Petitioner] has not been able to establish that the community in question inherits and inheres fundamental right to practice the profession of snake charming or to carry it out as an occupation. Besides, the right conferred under Article 19(1)(g) of Constitution is not an absolute right but is liable to be restricted under clause (6) of Article 19 which envisage." High Court observed.
Date - Tue, 19 Mar 2019 11:35 AM


Two Female Journalist ordered to Sit in the corner of Court Room on Women’s Day
The "Shillong Times" published an article under the caption "When Judges judge for themselves". The article was related to an order passed by the High Court regarding retirement benefit to judges. Chief Justice Mohammad Yaqoob Mir and Justice Sudip Ranjan Sen ordered to “Sit in the corner of the Court room till the rising of the Court and pay a fine of Rupees Two Lakhs”,to two female journalists Patricia Mukhim and Shoba Chaudhuri. Irony is that the order has been passed on a day celebrated as 'Women's day'.
Date - Tue, 19 Mar 2019 11:35 AM


AG Denied that he said anything about Rafale document being stolen.
AG K.K.Venugopal denied that he submitted that the Rafale Documents were stolen. He added that the opposition parties misinterpreted his statements. "I am told that the opposition has alleged what was argued (in SC) was that files had been stolen from the Defence Ministry. This is wholly incorrect. The statement that files have been stolen is wholly incorrect," he told Press Trust of India. "I have an objection! These documents were stolen from the Defence Ministry by some former employee and the investigation is ongoing. These documents are marked secret and were published by two newspapers...this is an offence under the official secrets act. We would be launching prosecution", the AG, on this Wednesday, had said taking objection to Prashant Bhushan referring to reports in The Hindu on Rafale deal.
Date - Tue, 19 Mar 2019 11:35 AM


Compensation awarded cannot be restrictive: SC
"The general damages towards pain and suffering as also loss of amenities of life deserve to be considered uniformly for the human beings and the award of compensation cannot go restrictive when the victim is coming from a poor and rural background. When the appellant is shown to be a poor lady from rural background, her contribution in ensuring the family meeting both ends also deserves due consideration. With her disablement and reduced contribution, the amount of compensation ought to be of such level as to provide relief in reasonable monetary terms to the appellant and to her family”. The bench observed that, given background of the lady, the amount of compensation ought to be of such level as to provide relief in reasonable monetary terms to her and to her family. It then enhanced the compensation by an amount of Rupees Ten Lakhs, over and above the amount awarded by the State Commission and the National Commission. SHODA DEVI v. DDU/RIPON HOSPITAL SHIMLA AND ORS. | Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari
Date - Tue, 19 Mar 2019 11:35 AM


Consumer Forum can dismiss a complaint at the very start: SC
Dismissing a complaint in limine falls under the jurisdiction of Consumer Forum declining its admission without noticing the opposite party. However, such jurisdiction to dismiss the complaint in limine has to be exercised by the Commission having regard to facts of each case, i.e., in appropriate case. Anjaneya Jewellery vs. New India Assurance Co.Ltd | Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari
Date - Tue, 19 Mar 2019 11:35 AM


To Naroda Patiya Massacre Convict Babu Bajrangi gets bail on Medical grounds.
The Supreme Court has granted bail to Bajrang Dal leader Babu Bajrangi , who is undergoing the Life sentence in the Naroda Patiya massacre, on medical grounds. The case pertains to the killing of 97 people, most of them from the minority community, in the Naroda Patiya area on February 28, 2002, a day after the Sabarmati Express was torched at Godhra, an incident that triggered riots across the State in which more than 1,000 people were killed. In his bail application, Bajrangi, who was convicted for his involvement in Naroda Patiya massacre of 2002, stated that he has turned 100% blind and is suffering from profound hearing loss. He is not in a position to move on his own and requires assistance for carrying out his day-to-day activities, the court was told. | "Taking overall view of the matter, we are inclined to direct release of the applicant, Babubhai @ Babu Bajrangi Maratha, Accused No. 18 on bail to the satisfaction of the Trial Court and on such terms and conditions as may be imposed by the Trial Court."
Date - Tue, 19 Mar 2019 11:35 AM


"Once the marriage is void the same is a nullity and at any time the same can be declared as nullity being a void marriage." SC
"Section 24 of the Act provides that any marriage solemnized under the Special Marriage Act shall be null and void and may, on a petition presented by either party thereto against the other party, be so declared by a decree of nullity if any of the conditions specified in clauses (a), (b), (c) and (d) of Section 4 has not been fulfilled. Clause (a) of Section 4 provides that neither party shall have a spouse living at the time of marriage. Therefore, considering Section 24 read with Section 4 of the Act, if at the time of marriage either of the party has spouse living, then the said marriage is a void marriage and a decree of nullity can be passed on a petition presented by either party thereto against the other party." Bench further observed that "While holding so, both the trial court as well as the High Court had considered first proviso to Section 25 of the Act. In the facts and circumstances of the case, we are of the opinion that Section 25 of the Act shall not be applicable and Section 24 of the Act would be applicable which does not provide for any period of limitation like first proviso to Section 25 of the Act." SWAPNANJALI SANDEEP PATIL V SANDEEP ANANDA PATIL | Bench: Justice L. Nageswara Rao and Justice MR Shah
Date - Tue, 19 Mar 2019 11:35 AM


Chief Justice of Delhi High Court asks for Speedy Trial in all POCSO Courts.
The Chief Justice of Delhi High Court issues advisory to all POCSO (Protection of Children from Sexual Offences) courts to insure speedy trials in case of sexual abuse of childrens. The advisory has been issued on the recommendations of the Committee to Regulate and Monitor the Progress of trials under the POCSO Act, constituted after the Supreme Court last May directed all high courts to monitor and regulate trials in cases of sexual assault of children.
Date - Tue, 19 Mar 2019 11:35 AM


Two High Court Judges Transferred
Justice Dama Seshadri Naidu transferred from High Court of Kerala to Bombay High Court. He is directed to assume charge on or before March 20, 2019. He was appointed judge of the then High Court of Andhra Pradesh on 21st September, 2013. Jusice Sarasa Venkatanarayana Bhatti transferred from Andhra Pradesh High Court to High Court of Kerala. Justice Bhatti expressed his unwillingness to go to Kerala HC and requested to consider transferring him to Telengana High Court instead. But, the Collegium s refused to accede to his request and reiterated the transfer proposal on February 20. He is at present the second senior judge of Andhra Pradesh High Court.
Date - Tue, 19 Mar 2019 11:35 AM


Heinous & Serious Offences and Offences By Public Servants Can't Be Quashed On The Ground Of Compromise Between Parties
While exercising the power under Section 482 of the Code to quash the criminal proceedings in respect of non-compoundable offences, which are private in nature and do not have a serious impart on society, on the ground that there is a settlement/compromise between the victim and the offender, the High Court is required to consider the antecedents of the accused; the conduct of the accused, namely, whether the accused was absconding and why he was absconding, how he had managed with the complainant to enter into a compromise etc. Justices AK Sikri, Abdul Nazeer and MR Shah
Date - Tue, 19 Mar 2019 11:35 AM


Two men acquitted by SC after Death Sentence from Chhattisgarh HC
"This Court has consistently held that evidence of a child witness must be evaluated carefully as the child may be swayed by what others tell him and he is an easy prey to tutoring. Therefore, the evidence of a child witness must find adequate corroboration before it can be relied upon. It is more a rule of practical wisdom than law." Holding that it is difficult to draw an inference that the accused had committed the crime, the bench acquitted them and ordered their release. Bench: Justice AK Sikri, Justice S. Abdul Nazeer and Justice MR Shah | Digamber Vaishnav &ane. V. State of Chhattisgarh
Date - Tue, 19 Mar 2019 11:35 AM


Section 376E Unconstitutional argues Lawyer before Bombay HC(Sakti Mills Gangrape case)
In the confirmation hearing of death penalty awarded to Vijay Jadhav, Mohammad Qasim Shaikh and Mohammad Salim Ansari for the gangrape of an 18-year-old call centre employee in July 2013 and 22-year-old photojournalist in August 2013, advocate Yug Mohit Chaudhary argued that the government's views on Section 376(e) of the Indian Penal Code are outdated and violative of the Constitution. Section 376(e) states: "Whoever has been previously convicted of an offence punishable under section 376 or section 376A or section1 376AB or section 376D or section 376DA or section 376DB and is subsequently convicted of an offence punishable under any of the said sections shall be punished with imprisonment for life which shall mean imprisonment for the remainder of that person's natural life, or with death."
Date - Tue, 19 Mar 2019 11:35 AM


Fresh petition for not to evict Forest Dwellers.
A fresh petition has been filed in the Supreme Court seeking a direction to the authorities to not evict any forest dweller and for setting up of an SIT to look into allegations of acquisition of tribal land in the country. The petition has been filed by Tarika Tarangini Larka, an Aadivasi woman from Chhattisgarh. She relies on her fundamental rights under Article 21, as well as Articles 238, 244, 245 and Schedule V and VI of the Constitution of India to demand protection of the rights of Adivasis to the possession and ownership of their land. The petition mentions, "The injustice done to the tribal people of India is a dark chapter in our country's history. The tribal were slaughtered by the invaders, powerful political leaders, Industrialist in large numbers, and the survivors and their descendants were degraded, humiliated, and all kinds of atrocities inflicted on them for centuries. They were deprived of their lands, and pushed into forests and hills where they eke out a miserable existence of poverty, illiteracy, disease, etc. And now efforts are being made by some people to deprive them even of their forest and hill land where they are living, and the forest produce on which they survive."
Date - Tue, 19 Mar 2019 11:35 AM


SC dismissed plea for reinvestigating Mahatma's assassination
The Supreme Court has found "no grounds" to recall its judgment rejecting the plea seeking reinvestigation into the alleged "larger conspiracy leading to" the assassination of Mahatma Gandhi. The apex court refused to take into account the plea in the review petition that claimed that "fresh" documents and evidence would clear the air in the matter. "We have carefully gone through the review petition and the connected papers filed therewith. We do not find any ground, whatsoever, to entertain the same. The review petition is, accordingly dismissed," a bench comprising Justices S A Bobde and L N Rao said in a recent order. Pankaj Phadnis, a Mumbai based researcher, filed a petition asking the apex court to peruse some books and a forensic report of the photographs of wounds on the body of Gandhi to decide the need for a fresh probe into his killing.
Date - Tue, 19 Mar 2019 11:35 AM


Pension is for Survival and it cannot be attached
Rejecting a revision petition filed by State Bank of India, the National Consumer Disputes Redressal Commission(NCDRC) upheld the orders passed by the District Forum and State Commission which had directed the Bank to de-freeze the account of one Manika Sarkar, in which her monthly pension was credited. Manika Sarkar is an army personal widow who held a hoti account with her son. She used to receive her pension in the same account. Her son committed a bank fraud on which State Bank of India attached the aforesaid account and freezed all transaction. Mrs Sarkar then filed a complaint in District Forum in respect of the same as pension was her sole source of income. | "Pension is meant for survival of the pension holder and prima facie ther is urgency. Hence, if the amount is not withdrawn, the respondent will suffer irreparable loss and injury" District Forum observed. | "She cannot be made to suffer, only due to the reason that she was having a joint account with her son, who had allegedly committed an offence. The petitioner bank had no reason to withhold pension" Commission observed.
Date - Tue, 19 Mar 2019 11:35 AM


For Perjury Statement should be made Deliberately and Consciously.
The Supreme Court has observed that, in order to attract the offence of perjury, a statement should be made deliberately and consciously which is found to be false as a result of comparing it with contrary unimpeachable evidence, documentary or otherwise. The bench comprising Justice Rohinton Fali Nariman and Justice Vineet Saran allowed an appeal, setting aside Bombay High Court order that ordered prosecution of a man who allegedly made 'false statements' in his bail application. To come to this conclusion, the High court had relied on a report filed by investigating officer which stated that the allegations made in the anticipatory bail application were false. Leave Granted. Aarish Asgar Qureshi v. Fareed Ahmed Qureshi
Date - Tue, 19 Mar 2019 11:35 AM


Former Solicitor General of India Senior Advocate Dipankar Prasad Gupta passed away.
He was the Solicitor General of India from April 1992 to April 1997. He also served as Advocate General for the State of West Bengal. His son Jaideep Gupta and brother Bhaskar P. Gupta are Senior Advocates in Supreme Court of India. The cremation will be on Monday 04.03.2019 at 2 pm at Electric Crematorium Lodhi Road New Delhi.
Date - Tue, 19 Mar 2019 11:35 AM


Allahabad High Court issued temporary guidelines for all State Aided University.
On July 4th 2018 violent protest took place in Lucknow University which injured many staff members including Proctor Vinod Singh and Chief Provost Sangita Rani. Allahabad High court disposed suo moto PIL in which it issued temporary guidelines to all state aided Universities. he guidelines were formulated by a committee appointed by the court on July 6 and will remain in effect until the state government and all government-aided universities frame the necessary rules and regulations to ensure a congenial and conducive environment for academic pursuits in institutions of higher learning.
Date - Tue, 19 Mar 2019 11:35 AM


Deduction Under Section 80HH Income Tax Act Should Be From 'Gross Profits & Gains' Instead Of 'Net Income'
Deduction under Section 80HH has to be from gross profits and gains, i.e., before computing the income as specified in Sections 30 to 43D of the Ac A three judges' bench of the Supreme Court has held that deduction under Section 80HH of the Income Tax Act 1961 should be based on gross profits and income instead of the net income from profits and gains computed as per Sections 28 to 44B of the Act. Section 80HH grants deduction from total income at the rate of 20% of the "profits and gains" of an undertaking engaged in manufacturing or in the business of the hotel for a period of ten assessment years. M/S VIJAY INDUSTRIES v. COMMISSIONER OF INCOME TAX | Justices A K Sikri, Abdul Nazeer and M R Shah
Date - Tue, 19 Mar 2019 11:35 AM


Builder ordered to pay Rs. 2.52Crores to homebuyer, when failed to deliver
A homebuyer-couple who was not delivered a 60th floor flat as promised by Mumbai-based Lodha Crown Buildmart Pvt Ltd has been granted relief byNational Consumer Disputes Redressal Commission(NCDRC), which directed the builder to pay Rs 2.52 crores with interest at the rate of 9%. The complaint was filed by Jagannath Hiray and Baby Hiray, who had booked a 3 BHK Flat at the 60th floor of proposed building named "LODHA DIORO priced at Rs4.46 crore by executing a registered agreement on 9 May 2012. Later the builders informed the complainants that they can construct only 55 storied building because they failed to obtain required permission from Mumbai Metropolitan Region Development Authority (MMRDA).
Date - Tue, 19 Mar 2019 11:35 AM


Quantum meruit U/S 70 of Contract Act cannot be raised when parties are governed Contract: SC
"The important point to notice is that in a case falling under Section 70 the person doing something for another or delivering something to another cannot sue for the specific performance of the contract, nor ask for damages for the breach of the contract, for the simple reason that there is no contract between him and the other person for whom he does something or to whom he delivers something. So where a claim for compensation is made by one person against another under Section 70, it is not on the basis of any subsisting contract between the parties but on a different kind of obligation. The juristic basis of the obligation in such a case is not founded upon any contract or tort but upon a third category of law, namely,quasi-contract or restitution"
Date - Tue, 19 Mar 2019 11:35 AM


Gujarat HC get two new Judges.
The name for the post of judges were recommended by the Supreme Court collegium headed by CJI Ranjan Gogoi, along with the names of judicial officer Vishnukumar Patel and Advocate Megha Jani. The collegium had also directed the Centre to expeditiously process the recommendations. Centre notified the appointments to two advocates, Bhargav Dhirenbhai Karia and Sangeetha Kamalsingh Vishen, as judges of Gujarat High Court. Advocate Megha Jani withdrew her consent for being elevated as a judge. Currently , the High Court has a sanctioned strength of 52 judges. Out of it, only 27 judges are present which directly impacts the urgent need to curb pendency of backlog cases. Three judges are also retiring this year in 2019. The list includes Justice CL Soni (March 16), Justice KM Thaker (September 16), and Acting Chief Justice AS Dave (December 4).
Date - Tue, 19 Mar 2019 11:35 AM


Inadvertent Mistakes in The Plaint Cannot Be Refused To Be Corrected: SC
"It is well settled that amendment in the pleadings cannot be refused merely because of some mistake, negligence, inadvertence or even infraction of the Rules of Procedure." The Supreme Court has observed that inadvertent mistake made in the plaint cannot be refused to be corrected when the mistake is apparent from the reading of the plaint Amendment that was sought in this case (Varun Pahwa vs. Renu Chaudhary) was simple. In the plaint, the Plaintiff was described as Varun Pahwa through Director of Siddharth Garments Pvt. Ltd. though it should have been Siddharth Garments Pvt. Ltd. through its Director Varun Pahwa.
Date - Tue, 19 Mar 2019 11:35 AM


IAF Wing Commander returns home.
Indian Air Force Wing Commander Abhinandan Varthaman returns India. He was handed over to India at Wagha Atari border. Abhinandan was captured by Pakistan on 26th Feb after his MIG 21 Bison was crashed in Pakistani territory near LOC while on a combat mission. Pakistan Prime Minister Imran Khan, while addressing the joint session of Parliament on Thursday, had declared that the IAF Wing Commander will be released on Friday as a "peace gesture".
Date - Tue, 19 Mar 2019 11:35 AM


Confession under TADA not admissible in trial for offences in other enactments.
"Even in the present case, it is noticed that the prosecution has essentially relied upon the confessional statement of the accused recorded under the provisions of TADA. That will be of no avail and certainly not admissible against the accused in the trial for offences under other enactments, especially when the Designated Court could not have taken cognizance of the offence under TADA for lack of a valid sanction. Additionally, in the present case, the evidence produced by the prosecution regarding search and seizure is replete with fatal deficiencies. We do not wish to deviate from the view taken by the Designated Court that there was no legally admissible evidence to establish the charges against the respondents regarding offences under other enactments (other than TADA). " The State of Gujarat v. Anwar Osman Sumbhaniya and Ors. | Justice AM Khanwilkar and Justice Ajay Rastogi
Date - Tue, 19 Mar 2019 11:35 AM


Wing Commander to return home Today.
Indian Air Force Wing Commander Abhinandan Varthaman is expected to return to India today via the Wagah Border after Pakistan Prime Minister’s sudden announcement of his release as a “gesture of peace" addressing the Parliament.
Date - Tue, 19 Mar 2019 11:35 AM


SC directs Centre to release funds for Judicial Infrastructure
The Apex Court directed the Central Government to release funds within two months to the extent Utilisation Certificates have been sent by the respective State Governments and submit a compliance report to the Court. The order came on Chief Justice Ranjan Gogoi's suo motu motion to tackle the alarming number of vacancies in the subordinate judiciary across the country and the inadequacy of judicial infrastructure.
Date - Tue, 19 Mar 2019 11:35 AM


Scope of Discretion to impose penalty under SEBI Act
A three judges' bench of the Supreme Court headed by Chief Justice Ranjan Gogoi answered a reference on the scope of discretion of adjudicating authority under Section 15J of the Securities and Exchange Board of India Act 1992 in relation to imposition of penalties. Section 15J specified the factors to be considered by the adjudicating authority while imposing penalties. "We are inclined to take the view that the provisions of clauses (a), (b) and (c) of Section 15­J are illustrative in nature and have to be taken into account whenever such circumstances exist", observed in the judgment authored by Justice Sanjiv Khanna.
Date - Tue, 19 Mar 2019 11:35 AM


Eviction Order of AJL upheld by Delhi HC
Delhi HC upheld eviction order passed against National Herald publisher Assosiated Journals Limited to vacate ITO premises. The eviction order under the Public Premises Act was passed by Centre and the Land and Development Office (LDO) stating that no press has been functioning in the premises for at least the past 10 years and it was being used only for commercial purposes in violation of the lease deed.
Date - Tue, 19 Mar 2019 11:35 AM


SC Refuses to Review Decision to Apply Subject-Wise Reservation in Teaching Posts
Supreme Court dismissed the review petitions filed by University Grants Commission and Central Government against order passed by Allahabad High Court in January 2017 favouring subject wise reservation in teaching.
Date - Tue, 19 Mar 2019 11:35 AM


Added Accused u/s 319 CrPC can only be tried for offence in respect of which all accused can be tried together.
Although Section 319 CrPC says that a person added as accused under this section may be tried for any offence Supreme Court in a SLP observes that “Section 319(1) Cr.P.C. empowers the Court to proceed against any person not shown as an accused if it appears from the evidence that such person has committed any offence for which such person could be tried together along with the accused".
Date - Tue, 19 Mar 2019 11:35 AM


Presence of complainant is not required to take cognizance of offence.
The Kerala High Court has held that the presence of the complainant is not necessary to take cognizance of a cheque bouncing case under Section 138 of the Negotiable Instruments Act, 1881,if the complaint is accompanied by an affidavit and all necessary documents are in order. The court first examined Section 145 of the NI Act, which was introduced via the Negotiable Instruments (Amendment and Miscellaneous Provisions) Act, 2002, as well as the Statement of Objects and Reasons provided in the amendment. It held that "Section 145 of the NI Act was introduced for dispensing with the preliminary evidence of the complainant and for the speedy disposal of the cases".
Date - Tue, 19 Mar 2019 11:35 AM


SC orders SIT investigating Lankesh murder case to take over Kalburgi murder case
The Supreme Court bench of Justices R F Nariman and Vineet Saran observed that the Gauri Lankesh Murder Case and M.M. Kalburgi Murder case are similar in nature and the SIT probing Lankesh’s murder should investigate Kalburgi’s murder too. The probe will be monitored by Dharwad bench of Karnataka High Court.
Date - Tue, 19 Mar 2019 11:35 AM


SC Accepts the Application of Govt. for Stay of Eviction order of Forest Dwellers
SC accepts an application moved by Central government and Gujrat government in respect of SC’s 13 February order in relation to eviction of Forest Dwellers who have not been successful in establishing their claims as forest-dwellers under the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act 2006(Forests Rights Act).
Date - Tue, 19 Mar 2019 11:35 AM


Patna High Court upheld a wrong Conviction
SC set aside a conviction by Patna HC which wasn’t a conviction. Patna HC in an appeal erroneously observed that the conviction under Section 302/149 was proper for all five convicts while Trail court had convicted only one out of five convicts under Section 302 and rest four under Section 27 of the Arms Act. | Deep Narayan Chaurasia v. State of Bihar
Date - Tue, 19 Mar 2019 11:35 AM


Pakistani Drone Shot Down Near Gujarat Border
Debris of an unmanned aerial vehicle was found near International Border in Gujarat's Kutch. Villagers of Nanghatad village in Kutch early in the morning heard a loud noise and found debris of a drone nearby. Police has confirmed the incident and investigating the same.
Date - Tue, 19 Mar 2019 11:35 AM


Journalist Priya Ramani gets Bail.
Priya Ramani Appeared in Patiyala House court in respect of a defamation complaint filed against her. She wrote an article last October during #MeeToo campaign accusing that M.J. Akbar had sexually harassed her while she was working as a journalist under him around 20 years ago. Akbar then filed the criminal complaint terming the allegations "scurrilous, concocted and false"
Date - Tue, 19 Mar 2019 11:35 AM


SC Asks for Mediation in Ram Janmbhoomi and Babri land dispute. 5 March next date for hearing.
The hearing in the Ram Janmbhoomi-Babri Masjid land dispute case before the Constitution Bench of the Supreme Court could not commence because of the disagreement between the parties over the accuracy of translation of records. In view of this disagreement, the CJI remarked that the Court will not waste its time if parties are not agreeable on translations. The Court also suggested that parties explore the option of mediated settlement. SC gave 6 weeks to parties to finalise the translation documents.
Date - Tue, 19 Mar 2019 11:35 AM


Wrong Diagnosis in not Medical Negligence: SC

Date - Tue, 19 Mar 2019 11:35 AM


If lawyer makes concession of Mixed Question of Fact and Law that not restrict partis to re-agitate the point in appeal: SC
SC refered 2002 judgment of Swami Krishnanand Govindananad v. Managing Director, Oswal Hosiery in which court observed: "That question is a mixed question of law and fact and we do not think that a concession made by the first respondent on such a question at the stage of argument before the High Court, can preclude him from reagitating it in the appeal before this Court, when it formed the subject-matter of an issue before the High Court and full and complete evidence in regard to such issue was led by both parties………." The bench, referring to above judgments, said: "Equally, where a question is a mixed question of fact and law, a concession made by a lawyer or his authorised representative at the stage of arguments cannot preclude the party for whom such person appears from re-agitating the point in appeal." Bharat Heavy Electricals Ltd. vs. Mahendra Prasad Jakhmola.| Bench: Justice RF Nariman and Justice Vineet Saran
Date - Tue, 19 Mar 2019 11:35 AM


Supreme Court to hear Ayodhya case Tomorrow ( 26th February)
A 5 judge Constitution bench of the Supreme Court will next hear the Ram Janmabhoomi-Babri Masjid title dispute tomorrow on 26th of February 2019. A Constitution bench comprising of Chief Justice of India Ranjan Gogoi and Justices SA Bobde, DY Chandrachud, Ashok Bhushan and Abdul Nazeer will take up the Ayodhya matter at 10:30 am. The bench will also hear a petition by the centre to return to its original owners excess land of 67.7 acres acquired around the site. The Ram Janmabhoomi-Babri Masjid title case deals with a controversial land in Uttar Padesh's Ayodhya where lord Ram is believed to have been born. The Babri Masjid stood on that land until it was controversially demolished by Hindu 'kar-sevaks'.
Date - Tue, 19 Mar 2019 11:35 AM


Battle Between militant and J & K Police
Deputy SP of Police Aman Thakur killed in an gun battle between militants and Jammu and Kashmir Police at J & K district of Turigram. “As searches were going on, the search party was fired upon by the militants. The security forces retaliated leading to a gunfight.” The police said.
Date - Tue, 19 Mar 2019 11:35 AM


100 Companies of Paramilitary forced are now deployed in J&K.
The order of immediate deployment was given after J & K police detained separatist leader Yasin Malik as well as dozens of Jamaat-e-Islami (JeL) leader in several part of the valley. The most awaited Judgment on 36A yet to come.
Date - Tue, 19 Mar 2019 11:35 AM


Only Advocates can plead before Court: Calcutta High Court
"Acting and appearing for another will not include a right to plead or argue before a court of law." The Calcutta High Court has held that only Advocates enrolled under Advocates Act are authorised to plead and argue on behalf of litigants before a court of law.
Date - Tue, 19 Mar 2019 11:35 AM


Protect Kashmiris against violence: SC
The Supreme Court on Friday directed that the nodal officers as per the list furnished by the Attorney General take necessary steps to prevent acts of violence, discrimination and other coercive acts against Kashmiris and other minorities in the wake of the February 14 Pulwama terror attack.
Date - Tue, 19 Mar 2019 11:35 AM


Delhi Women's Commission seeks protection for runaway couples
With the Delhi Commission for Women seeking safety and security for six runaway couples facing threats to their lives from their families and fear becoming victims of honour killings, the Supreme Court on Friday issued notices to the Centre and the Delhi government. The bench headed by Justice AK Sikri issued notices on a petition moved by the Delhi Commission for Women (DCW) through its chairperson Swati Maliwal Jaihind on behalf of six runaway couples who have been facing "serious threats to their lives from their families and other social vigilante groups" and are in care and custody of the Commission.
Date - Tue, 19 Mar 2019 11:35 AM


A million to be evicted from forest land
In a petition filed by Wildlife First against Ministry of Forest and Envirnment SC’s order on February 13 can lead to the eviction of nearly one million persons from forestlands across states, who have not been successful in establishing their claims as forest-dwellers under the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act 2006(Forests Rights Act). "In case the eviction is not carried out, as aforesaid, the matter would be viewed seriously by this Court", the bench sternly warned the states.
Date - Tue, 19 Mar 2019 11:35 AM


A million to be evicted from forest land
In a petition filed by Wildlife First against Ministry of Forest and Envirnment SC’s order on February 13 can lead to the eviction of nearly one million persons from forestlands across states, who have not been successful in establishing their claims as forest-dwellers under the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act 2006(Forests Rights Act). "In case the eviction is not carried out, as aforesaid, the matter would be viewed seriously by this Court", the bench sternly warned the states.
Date - Tue, 19 Mar 2019 11:35 AM


Death Sentence commuted on ground of Inordinate and Unexplained delay in deciding mercy petition.
"Keeping in view all the circumstances of the case, including the unexplained delay of 4 years in forwarding the mercy petition by the State of Madhya Pradesh leading to delay of almost 5 years in deciding the mercy petition and the fact that the petitioner has been incarcerated for almost 14 years, we are of view that regardless of the brutal nature of crime this is not a fit case where death sentence should be executed and we, accordingly commute the death sentence to that of life." Bench: Justice NV Ramana, Justice Deepak Gupta and Justice Indira Banerjee | Jagdish v. State of Madhya Pradesh
Date - Tue, 19 Mar 2019 11:35 AM


Former judge Justice D.K. Jain appointed As BCCI Ombudsman
The Supreme Court appointed former judge Justice D.K. Jain as first court appointed ombudsman for BCCI. An ombudsman, ombudsperson, ombud, is an official who is charged with representing the interests of the public by investigating and addressing complaints of maladministration or a violation of rights.
Date - Tue, 19 Mar 2019 11:35 AM


Rs. 50 Crores for Lawyers Welfare in Delhi
Delhi CM Arvind Kejariwal announces Rs 50 crore for social security schemes for lawyers and the amount can be enhanced depending upon ground realities. The announcement came after a nationwide protest on 12 February by the Lawyers.
Date - Tue, 19 Mar 2019 11:35 AM


Ex- CM not entitled for Govt. bungalows for lifetime: Patna HC
The bench said that there is no such concept of a life time privilege available for elected representatives after demitting office merely because they are in politic. It observed: "This is a blatant example of over spending from the public exchequer and drawing from the well of finances that are already deficit. It is high time that the boundaries of such expenditure are re-drawn and funnelling of State finances is checked. Not only has the Legislature exceeded in its authority against public interest, but the executive fiat of the State has also travelled beyond its legal and ethical limits, that is witnessed by the executive instructions which are examples of bureaucratic skills that eludes all ingenuities. The authority to confer such benefits on themselves in an unmeasured fashion is clearly unconstitutional and tends to reflect predatory instincts for usurping public exchequer. It is a collective expression of acquiring public property perpetually in the name of public service. The attitude therefore is divorced from morality and withers the faith of the public."
Date - Tue, 19 Mar 2019 11:35 AM


Rs 15000 cost imposed for frivolous appeal to be paid on Bharatkeveer website.
Delhi HC imposed a cost of Rs 15000 on an appellant for a frivolous appeal. The cost is to be paid to Bharatkeveer.gov.org as donation towards martyr’s kins. The appellant have to submit the cost within four weeks. Bharat ke veer was launched by Ministry of Home Affairs in 2017 to help the families of army personals who lost their life in line of duty.
Date - Tue, 19 Mar 2019 11:35 AM


120days Deadline for Filing Written Statement in Commercial Suits.
The Supreme Court has observed that proviso added to the Code of Civil Procedure by Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 2015, is mandatory and no written statement can be taken on record in commercial suits, if it is not filed within 120 days from the date of service of summons of the Suit. The bench comprising Justice Rohinton Fali Nariman and Justice Vineet Saran was considering Special Leave Petitions (SCG Contracts India Pvt. Ltd vs. K.S. Chamankar Infrastructure Pvt. Ltd) against Delhi High Court orders allowing a written statement filed by the defendants even though 120 days had elapsed from the date of service of summons of this Suit
Date - Tue, 19 Mar 2019 11:35 AM


SC finds Ambani guilty of Contempt
The Supreme Court bench of Justices R F Nariman and Vineet Saran has found Anil Ambani, Chairman of Reliance Communications, guilty of contempt of court for defaulting payments to Ericsson as per the undertaking given to the Court. The Court however has given an opportunity to Reliance companies to purge contempt by paying Rs.453 crores to Ericsson within 4 weeks, failing which Anil Ambani will be sent to prison for three months.
Date - Tue, 19 Mar 2019 11:35 AM


Nobody has Right to Stop a Vehicle or Force Close a Shop during Hartal: Kerala HC
Nobody under the disguise of hartal can stop a vehicle or force someone to close shop during hartal. Nobody has right to prevent someone from exercising his/her fundamental right to carry on trade or business and move freely in country.
Date - Tue, 19 Mar 2019 11:35 AM


Mare injury on vital parts of body is not necessary for S.307 IPC, intention is required.
"If the assailant acts with the intention or knowledge that such action might cause death, and hurt is caused, then the provisions of Section 307 I.P.C. would be applicable. There is no requirement for the injury to be on a "vital part" of the body, merely causing 'hurt' is sufficient to attract S. 307 I.P.C" Bench: Justice L. Nageswara Rao and Justice Indu Malhotra | State of MP vs. Harjeet Singh
Date - Tue, 19 Mar 2019 11:35 AM


Indian Army Reciprocated to the Pulwana Terror Attack
Three Jaish terrorists, including a Pakistani commander named ‘Kamran’ of the group involved in the 14th Feb terror attack in Pulwana district, were killed in 16 hour encounter, and an Army major were among eight people lost their life.
Date - Tue, 19 Mar 2019 11:35 AM


No such provision that evidence discovered by Police Official if not supported by independent witness is no substance.
"The submission of the learned senior counsel for the appellant that recovery has not been proved by any independent witness is of no substance for the reason that in the absence of independent witness to support the recovery in substance cannot be ignored unless proved to the contrary. There is no such legal proposition that the evidence of police officials unless supported by independent witness is unworthy of acceptance or the evidence of police officials can be outrightly disregarded." Bench: Justice AM Khanwilkar and Justice Ajay Rastogi | Kripal Singh vs. State of Rajasthan
Date - Tue, 19 Mar 2019 11:35 AM


Sentence Awarded to run concurrently or consecutively to be decided by Magistrate awarding.
"It was necessary for the Magistrate to have ensured compliance of Section 31 of the Code when she convicted and sentenced the appellant for two offences in a trial and inflicted two punishments for each offence, namely, Section 279 and Section 304-A IPC. . In such a situation, it was necessary for the Magistrate to have specified in the order by taking recourse to Section 31 of the Code as to whether the punishment of sentence of imprisonment so awarded by her for each offence would run concurrently or consecutively.. Indeed, it being a legal requirement contemplated under Section 31 of the Code, the Magistrate erred in not ensuring its compliance while inflicting the two punishments to the appellant. If the Magistrate failed in her duty, the Additional Sessions Judge and the High Court should have noticed this error committed by the Magistrate and accordingly should have corrected it. It was, however, not done and hence interference is called for to that extent." Bench: Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari | Gagan Kumar v. State of Punjab
Date - Tue, 19 Mar 2019 11:35 AM


Inability to repay loan amount is not cheating.
“The mere inability of the appellant to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, as it is this mens rea which is the crux of the offence.” Bench: Justice NV Ramana and Justice Mohan M. Shantanagoudar| Satishchandra Ratanlal Shah vs. State of Gujarat
Date - Tue, 19 Mar 2019 11:35 AM


Madras HC directs installation of CCTV cameras in govt. officials’ chambers.
The Madras High Court directed the Internal Complaints Committee (ICC) to look into the sexual harassment allegations against S. Murugan, joint director of the Directorate of Vigilance & Anti-Corruption, on a complaint filed by a woman IPS officer. The court also "strongly recommended" to the Chief Secretary to the State government to install CCTV cameras inside official chambers and office rooms of all higher officials.
Date - Tue, 19 Mar 2019 11:35 AM


Not obligatory for States to always follow Dearness Allowance rates revised by Centre.
Bench comprising Justice Indira Banerjee and Justice R. Banumathi in an appeal against Madras High Court order that directed Tamil Nadu Electricity Board to pay Dearness Allowance at the rate of 49% w.e.f. 01.01.2002 to its employees on par with the Central Government employees observed that: "There is no rule or obligation on the State Government to always adopt the Dearness Allowance as revised by the Central Government. It is absolutely not necessary for the State Government to adopt the Dearness Allowance rates fixed by the Central Government. It should be looked from the financial position of the State Government to adopt its own rates/revised rates of Dearness Allowance. The Board, being the State Government undertaking, the money has to come from the State Government."
Date - Tue, 19 Mar 2019 11:35 AM


Fulfilment of International Commitments Can’t Be Subject To Petition under Article 32
In a PIL filed by senior advocate Ashvini Kumar for an effective and purposeful legislation to check instances of custodial tortures Supreme Court reserved its judgement and CJI observed that ‘fulfilment of international commitments can’t be subjected to petition under Article 32’.
Date - Tue, 19 Mar 2019 11:35 AM


If parity exited for a very long time that doesn't mean it should continue forever.
"It is an undisputed fact that parity had existed between the two allowances for 25 years, but that does not mean that such action of the Government can be taken to mean that the Government should continue such parity in the future also." The bench comprising Justice NV Ramana and Justice Mohan M. Shantanagoudar observed this while setting aside a High Court judgment that directed the Union of India and the Ministries of Defence, External Affairs and Finance, to award parity between the Bhutan Compensatory Allowance payable to the Indian Military Training Team (IMTRAT) posted in Bhutan, and the Foreign Allowance payable to Indian diplomatic personnel serving in Bhutan under the Ministry of External Affairs, Government of India.
Date - Tue, 19 Mar 2019 11:35 AM


Center vs State(Delhi), who has power over services?. Matter referred to larger bench.
The Supreme Court bench of Justices A. K. Sikri and Ashok Bhushan was split on the issue of who has powers to appoint and transfer officers of State Public Services under Entry 41, List II of the Constitution of India regarding Delhi. matter to be hear by larger bench of Supreme Court.
Date - Tue, 19 Mar 2019 11:35 AM


Two officials dismissed on tempering with order of SC regarding Anil Ambani’s court appearance
The Supreme Court has summarily dismissed two court masters- Manav Sharma and Tapan Kumar Chakraborty- for tampering with the January 7 order directing personal appearance of Reliance Communication's Chairman Anil Ambani.
Date - Tue, 19 Mar 2019 11:35 AM


SC reserves its order in contempt plea filed by Ericsson against RCom
The contempt petitions have been filed alleging that RCom violated the undertaking made before court to pay off debts due to Ericsson worth Rs 550 crores. The company has missed the two deadlines of September 30 and December 15, leading to the filing of two contempt petitions. SC reserves order.
Date - Tue, 19 Mar 2019 11:35 AM


Death Sentence commuted to Life Imprisonment in case of Rape and Murder of 7.5 years old.
"It is required to be noted that the accused was not a previous convict or a professional killer. At the time of commission of offence, he was 19 years of age. His jail conduct also reported to be good. Considering the aforesaid mitigating circumstances and considering the aforesaid decisions of this Court, we think that it will be in the interest of justice to commute the death sentence to life imprisonment.“ Justice M.R. Shah
Date - Tue, 19 Mar 2019 11:35 AM


Minority status of Aligarh Muslim University to be decided by 7 judges bench
Three judges bench of Supreme Court, led by CJI Ranjan Gogoi, referred the issue of determination of correctness of minority status of Aligarh Muslim University to seven judges’ bench. The then UPA-led centre government had filed an appeal against the 2006 verdict of the Allahabad High Court holding that the varsity was not a minority institution. The varsity administration had also filed a separate plea against the high court verdict on the issue.
Date - Tue, 19 Mar 2019 11:35 AM


Protest for Lawyers’ interests held throughout the country on 12th February
All India Bar Association called a nationwide protest in country I demand of various facilities for lawyers in India. Lakhs of Lawyers participated in the protest all over country. The Bar Council of India, however, expressed its "dissatisfaction and dismay" at the hollow assurances given by the Centre following a meeting of 21-member lawyers' delegation with Union Law Minister Ravi Shankar Prasad. BCI decided to convene a meeting of representatives of all State Bar Councils, coordination committee of Bar Associations of Delhi & NCR and the other Bar Associations of the country on March 2.
Date - Tue, 19 Mar 2019 11:35 AM



Criminal complaint cannot be quashed merely because allegation appears to be of civil nature Justice L. Nageswara Rao and Justice MR Shah said in judgement of case Kamal Shivaji Pokarnekar vs. State of Maharashtra.
Date - Tue, 19 Mar 2019 11:35 AM


Two New Additional Judges in Jharkhand HC
President of India has appointed Advocates Sanjay Kumar Dwivedi and Deepak Roshan as Additional Judges of Jharkhand High Court for a period of two years.The Supreme Court Collegium on December 04, 2018 resolved to recommend Sanjay Kumar Dwivedi, and Deepak Roshan, Advocates, be appointed as Judges of the Jharkhand High Court.
Date - Tue, 19 Mar 2019 11:35 AM


Delhi High Court dismissed a PIL seeking restrictions on Amazon Prime Video and Netflix contents.
Delhi HC dismissed a plea demanding guidelines for publishing contents on Amazon Prime Video, Netflix and other online media platforms. A bench of Chief Justice Rajendra Menon and Justice V K Rao rejected the petition after the Ministry of Information and Broadcasting informed it that online platforms are not required to obtain any licence from the ministry.
Date - Tue, 19 Mar 2019 11:35 AM


Nationwide Lawyers’ Agitation on Feb 12th
Bar Council of India calls nationwide lawyers’ agitation on February 12. The agitation is called in respect of demand of insurance, medical claims, stipend, pension, Advocate Protection Act etc. for lawyers.
Date - Tue, 19 Mar 2019 11:35 AM


SC Directs Minority Commission To Decide On Representation Seeking Guidelines For Identifying "Minorities"
The Supreme Court directed the National Commission for Minority (NCM) to take a decision within three months for defining the term 'minority' in the context of state-wise population of a community.
Date - Tue, 19 Mar 2019 11:35 AM


The caste is acquired by birth qnd the caste does not undergo a change by virtue of marriage and adoption.
A woman who is born into a scheduled caste or scheduled tribe, on marriage with a person belonging to a forward caste, is not automatically transplanted into the caste of husband by virtue of her marriage. Bombay High Court Kiranlata Wamanrao Sontakke Vs The Divisional Caste Certificate Scrutiny Committee_ Decided on 04/02/2019
Date - Tue, 19 Mar 2019 11:35 AM


Homosexuality:
The Bombay High Court recently had an occasion to remind that consensual homosexual acts between adults, and adultery are no longer criminal offences in India, after the Supreme Court struck down Section 377 and Section 497 of IPC last September.
Date - Tue, 19 Mar 2019 11:35 AM


Ban on manufacture, sale of Oxytocin by private cos:
Central government has filed an appeal against the Delhi High Court verdict, which had struck down the ban imposed on the sale, distribution, manufacture and import of Oxytocin by private companies in India.
Date - Tue, 19 Mar 2019 11:35 AM


Nursing Council Act of 1947 does not restrict the practice of nursing
“We, therefore, declare that consistent with their fundamental right under Article 19(1)(g) of the Constitution of India, to practice their occupation throughout the territory of India, legislation in the form of the Nursing Council Act of 1947 has not restricted nor does it purport to restrict their practice of nursing once a Degree or Diploma is granted by the State Authority to that State only.” SC
Date - Tue, 19 Mar 2019 11:35 AM


Autonomy of Bar can't be confiscated by the Court: SC Quashes Madras HC 'Disciplinary Rules' For Lawyers
The Supreme Court quashed Rules 14- A to 14-D of the Rules of High Court of Madras, 1970 stating they are ultra vires to Section 34 of the Advocates Act and take over the power of the Bar Council in Disciplinary matters.
Date - Tue, 19 Mar 2019 11:35 AM


Commercial Suit of 2 crores in Delhi HC to be transferred to District Courts
Delhi High Court issued a circular in respect of transferring Commercial Suits of 2 crores or under to the respective District court. This circular was issued is based on recently passed Commercial Courts, Commercial Division and Appellate Division of High Courts(Amendment) Act 2018.
Date - Tue, 19 Mar 2019 11:35 AM


Restitution only applied when there is reversal or variation in order/decree.
"Section 144 applies to a situation where a decree or an order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose. In that situation, the Court which has passed the decree may cause restitution to be made, on an application of any party entitled, so as to place the parties in the position which they would have occupied but for the decree or order or such part thereof as has been varied, reversed, set aside or modified. The court is empowered to pass orders which are consequential in nature to the decree or order being varied or reversed."[MURTI BHAWANI MATA MANDIR REP. (THROUGH PUJARI GANESHI LAL (D) THROUGH LR KAILASH) v. RAMESH and Ors.][SC]
Date - Tue, 19 Mar 2019 11:35 AM


No authority can claim a privilege not to comply with a judgment: SC
"CSIR (Council of Scientific & Industrial Research) by reason of its autonomy may have certain administrative privileges. No authority can, however, claim a privilege not to comply with a judgment of this Court. Once the law was enunciated in Dev Dutt's case (supra), all instrumentalities of the State were bound to follow the principles laid down by this Court. CSIR was no exception." Supreme Court said in the judgement of Anil Kumar v. Union of India.
Date - Tue, 19 Mar 2019 11:35 AM


Rajasthan C.M bans liquor sale after 8 p.m in State
The newly elected Chief Minister of Rajasthan Ashok Gehlot issued a strict order to stop the liquor sale after 8 p.m in the state. On the violation of the said order, they are liable to penalty, their shops should be sealed, and their license should also be cancelled. And those charging higher amount than the Maximum Selling Price (MSP) are also liable for punishment and strict action would be taken against them as well.
Date - Tue, 19 Mar 2019 11:35 AM


CJI Ranjan Gogoi backs himself off from hearing plea challenging Nageswara Rao’s appointment as interim CBI Director
CJI Ranjan Gogoi recused himself from being a part of bench that was to hear a plea challenging appointment of Nageswara Rao as interim CBI Chief. A bench comprising of CJI Ranjan Gogoi and Justice Sanjiv khanna was to hear a PIL filed by an NGO Common Cause challenging the appointment of Nageswara Rao. CJI said “he would be part of the selection Committee meeting to choose the new CBI Director”.
Date - Tue, 19 Mar 2019 11:35 AM


Sales tax cannot be imposed on Medicines, implants, consumables, and surgical tools used in Medical Procedures, said by Kerala HC
A bench of Kerala HC comprising Justice K. Vinod Chandran, Justice A. Muhamed Mustaque, and Justice Ashok Menon has ruled that no tax should be levied on Medicines, implants, and other surgical tools or materials that are being used during procedures at hospitals as they do not constitute sale of goods.
Date - Tue, 19 Mar 2019 11:35 AM


Carlos Ghosn swears to stay in Japan if he gets bail
Carlos Ghosn is an ousted former boss of Nissan, a Japanese Multinational automobile manufacturer. He was detained in Tokyo, Japan on the charges of financial misconduct. He vowed to remain in Japan if he gets bail and called himself innocent. The previous petitions filed by Carlos concerning bail was rejected by Tokyo District Court saying it is a flight risk to release him on bail as he may try to destroy evidence.
Date - Tue, 19 Mar 2019 11:35 AM


Koduvally MLA Karat Razack disqualified by Kerala HC
Koduvally MLA Karat Razack has been disqualified by the Kerala HC for making defamatory remarks in a campaign against his rival UDF candidate M.A Razak during the 2016 Assembly polls. A single-judge bench comprising Justice J.K Abraham Matthew declared the election of MLA Karat Razack void as he was found indulging in various corrupt practices and he has also released a video containing defamatory statements to tarnish the image of rival candidate M.A Razak.
Date - Tue, 19 Mar 2019 11:35 AM


Brexit deal proposed by Theresa May rejected by British lawmakers
Brexit deal proposed by the British P.M Theresa May has been rejected by the British Parliament fearing the “backstop” provision. According to the provision, Britain would stop being the part of EU in March 2019. And the trade rules would remain unchanged till 2020.
Date - Tue, 19 Mar 2019 11:35 AM


Government allows the appointment of women as jawans in Army’s Military Police
The appointment of women as jawans in the Army’s Corps of Military Police has been approved by the Defence Minister Nirmala Sitharaman. Women are currently working in medical and legal wing of Army. Now, women will be inducted as the jawans and will comprise 20% of total Corps of Military Base. Some of their roles would be to probe into rapes cases, molestation cases, assisting the Army whenever and wherever required, and searching or frisking women.
Date - Tue, 19 Mar 2019 11:35 AM


• CJI Ranjan Gogoi and former SC Judge , Justice Madan B Lokur attended Pakistan CJ’s swearing-in ceremony
The CJI Ranjan Gogoi and former SC Judge, Justice Madan B Lokur attended the swearing-in ceremony of Pakistan’s new Chief Justice of Supreme Court, Asif Saeed Khosa. The ceremony saw the attendance of several luminaries from across the world. Justice Madan Lokur also shared a bench with the newly made Chief Justice of Pakistan and heard three cases lasting around 45 minutes. The two have been close friends since 2004.
Date - Tue, 19 Mar 2019 11:35 AM


• After Alok Verma’s exit, Special Director Rakesh Asthana moved from CBI
Days after the removal of Alok Verma as CBI Director on the charges of corruption, the high-powered committee led by P.M Narendra Modi named Special Director Rajesh Asthana from the probe Agency to the Bureau of Civil Aviation Security. Asthana is facing corruption charges in the Moin Qureshi case and the Appointments Committee has also curtailed the tenure of Asthana. The tenure of three other officers namely Arun Kumar Sharma (Joint Director), Manish Kumar Sinha (DIG), and Jayant J Naiknavare (SP) has been cut short.
Date - Tue, 19 Mar 2019 11:35 AM


• Gurmeet Ram Rahim found guilty in the 2002 journalist Murder case
Special CBI Court Judge Jadgeep Singh held Dera Sacha Sauda chief Gurmeet Ram Rahim and three others named Kuldeep Singh, Nirmal Singh, and Krishan Lal guilty in the murder of Journalist Ramchander Chhatrapati and awarded a sentence of life imprisonment. The sentence was passed by a Special Court in Panchkula through Video Conferencing. Gurmeet Ram Rahim is currently serving a 20-yr prison term in Sunaria jail in Rohtak for raping his two women devotees.
Date - Tue, 19 Mar 2019 11:35 AM


• After 24 years in jail, SC grants parole to TADA convict
A Bench comprising Justice UU Lalit and Justice K.M Joseph granted parole tot one of the three convicts named Mohammed Shamsuddin. He was convicted in the 1993 Bomb blast case. The blasts happened in the six Rajdhani Express trains across the country killing 2 people and injuring several others. Total of 16 people were convicted under the now repealed Terrorist and Disruptive Activities (Prevention) Act by TADA court in Ajmer in 2004.
Date - Tue, 19 Mar 2019 11:35 AM


Death sentence to Pune Driver Commuted by SC
A Bench comprising of Justice A.K Sikri, Justice Ashok Bhushan, and Justice M.R Shah commuted death sentence given to Santosh Maruti Mane, a bus driver whose murderous Joy Ride had resulted in 9 persons death in 2012. Santosh Maruti Mane, a bus driver in Maharashtra State Road Transport Corporation hijacked a bus from the depot and went on a joy ride which resulted in the death of 9 persons and 36 people suffering serious injury. The Court commuted the death sentence saying that though the defence of insanity is not established in this case, the accused was under mental strain and stress which resulted in the tragedy.
Date - Tue, 19 Mar 2019 11:35 AM


HC Justice Dinesh Maheshwari and Sanjiv Khanna appointed as SC Judges
Karnataka HC Chief Justice Dinesh Maheswari and Delhi HC Judge, Justice Sanjiv Khanna appointed as Supreme Court Judges. The appointment was notified by the government. The Collegium headed by CJI Ranjan Gogoi recommended the names of Justice Maheswari and Justice Khanna despite following objections by present SC Judge, Justice Kishan Kaul.
Date - Tue, 19 Mar 2019 11:35 AM


New CBI Director to be appointed on Jan 24
High-Powered Selection Committee headed by P.M Narendra Modi will appoint new Central Bureau of Investigation (CBI) Director, following the exit of former Director Alok Verma, who was removed on the charges of corruption and misconduct. The panel led by P.M Modi will meet on 24th Jan to appoint new CBI Director. The committee consists of CJI Ranjan Gogoi, and Congress leader Mallikarjun Kharge as other members.
Date - Tue, 19 Mar 2019 11:35 AM


Central Government constituted GST ministerial Panel on lotteries
GST Ministerial Panel to look into the current GST provisions related to lotteries has been constituted by Central Government. The present lottery System attracts 12% GST for a state-organized lottery and 28% GST for a state-authorized lottery. The aim is to look into the disparity in tax structure and fix it.
Date - Tue, 19 Mar 2019 11:35 AM


Stringent restrictions on dance bars in Maharashtra relaxed by SC
SC quashed some of the strict conditions and rules prescribed by the state government leading to the shutdown of the maximum dance bars in the city. A bench headed by Justice A.K. Sikri struck down the condition allowing a necessary partition between the performance area and the bar area. It also struck down the condition restricting dance bars to be opened within the radius of one km from a religious place or an educational institution.
Date - Tue, 19 Mar 2019 11:35 AM


Centre appoints Senior Advocate Sanjay Jain as ASG for SC
Senior Advocate Sanjay Jain has been appointed as Additional Solicitor General for Supreme Court. He will continue to hold the post till June 2020. Formerly, he was serving as ASG for Delhi High Court but submitted his resignation in March 2018.
Date - Tue, 19 Mar 2019 11:35 AM


• Stringent restrictions on dance bars in Maharashtra relaxed by SC
SC quashed some of the strict conditions and rules prescribed by the state government leading to the shutdown of the maximum dance bars in the city. A bench headed by Justice A.K. Sikri struck down the condition allowing a necessary partition between the performance area and the bar area. It also struck down the condition restricting dance bars to be opened within the radius of one km from a religious place or an educational institution.
Date - Tue, 19 Mar 2019 11:35 AM


Centre appoints Senior Advocate Sanjay Jain as ASG for SC
Senior Advocate Sanjay Jain has been appointed as Additional Solicitor General for Supreme Court. He will continue to hold the post till June 2020. Formerly, he was serving as ASG for Delhi High Court but submitted his resignation in March 2018.
Date - Tue, 19 Mar 2019 11:35 AM


Boarding pass Stamping practice to be end soon by Mumbai Airport
Mumbai’s Chhatrapati Shivaji Airport came with a move to end the stamping practice of boarding passes for Domestic passengers. They said that the stamping of boarding passes by Security Personnel will stop soon. Passengers travelling within the country can authenticate their boarding pass at the pre-embarkation security checkpoints by scanning its QR Code or Barcode at e-gates.
Date - Tue, 19 Mar 2019 11:35 AM


AgustaWestland VVIP Chopper Case accused Christian Michel gets court consent to call family abroad
Christian Michel, one of the three middleman accused in the AgustaWestland VVIP Chopper case gets Delhi court consent to make calls to his family and lawyers abroad. Arvind Kumar, Special Judge granted Christian 15 minutes a week to make international calls. Michel was extradited from Dubai and arrested by the Enforcement Directorate (ED) on 22nd Dec’18. He moved to the Delhi court challenging his rejection of plea by jail authorities seeking permission.
Date - Tue, 19 Mar 2019 11:35 AM


• Charge sheet filed by Delhi Police against Kanhaiya Kumar in JNU sedition case in Patiala House Courts
Delhi Police on 14 Jan ’18, after almost three years submitted a charge sheet against Jawaharlal Nehru University Students’ Union (JNUSU) president Kanhaiya Kumar and nine others in the JNU Sedition case at the Patiala House Courts. The two other former JNU students were charged namely Umar Khalid and Anirban Bhattacharya for allegedly shouting anti-India slogans during an event on the hanging of Parliament attack mastermind Afzal Guru.
Date - Tue, 19 Mar 2019 11:35 AM


Centre has six weeks to reply on PIL filed in SC against “Snooping”
Notice was issued on 14 jan’18 by SC to the Centre on a PIL filed challenging the notification authorizing 10 central agencies to monitor, intercept, decipher any computer system language and sought a response within six weeks. The PIL challenging the government’s notification came up before a bench headed by CJI Ranjan Gogoi.
Date - Tue, 19 Mar 2019 11:35 AM


Constitutional validity of 10% quota reservation for economically weaker sections challenged in SC
A youth’s non-profit organization for equality has challenged the constitutional validity of the 103rd Constitutional Amendment Act which provides for 10% reservation for economically weaker sections of general caste. It was challenged on the reason that the amendment which inserts Art. 15(6) and Art. 16(6) in the constitution would alter the basic structure of the constitution and would also annul various binding judgments of the SC. The Amendment Act also violates the restraints that were imposed on the reservation policy, i.e. the 50% cap limit and the exclusion of economic status as a sole criterion for awarding reservation.
Date - Tue, 19 Mar 2019 11:35 AM


A bill called Right to Disconnect Bill introduced in Lok Sabha
MP Supriya Sule introduces a private members bill, Right to Disconnect Bill in Lok Sabha. The Bill empowers the employee to not respond to any employee’s calls, texts or mails after office/working hours. The bill also aims to reduce the work related stress and to provide for a better work life balance.
Date - Tue, 19 Mar 2019 11:35 AM


“Macedonia” renaming as the “Republic of Northern Macedonia” raises crisis between Greece and them
The resolution has been passed by the Parliament of Macedonia to amend the Constitution of the Country for renaming it as the “Republic of Northern Macedonia”. Macedonia has been in a decade long dispute with Greece which they tried to end by unilaterally approving and signing a contract which clearly says that the Macedonia will be called as “Northern Macedonia”. But after this move, the dispute doesn’t seem to be settled.
Date - Tue, 19 Mar 2019 11:35 AM


10% Quota reservation for economically weaker sections of general category gets President’s consent
President Ram Nath Kovind has approved the Constitution (103rd Amendment) Act, 2019, which introduces a 10% reservation for economically weaker sections of general class in jobs and educational institutions. The passing of the Act will be decided by the Centre.
Date - Tue, 19 Mar 2019 11:35 AM


Director Rajkumar Hirani accused of sexually assaulting his assistant
Bollywood Director Rajkumar Hirani has been accused of sexual assault by a female assistant who worked with him in Sanjay Dutt’s biopic “Sanju”. The woman has accused him of sexually harassing her for over the period of six months of shoot. But these allegations were denied by Rajkumar Hirani, calling it “false and completely unjustified”.
Date - Tue, 19 Mar 2019 11:35 AM


Alok Verma removed as CBI Director by High Commission Committee
Alok Verma has been removed as the director of Central Bureau of Investigation (CBI) by the three-member panel headed by P.M Narendra Modi, and other two members being Justice A.K.Sikri, and Congress leader Mallikarjun Kharge. He was removed on the charges of corruption, criminal misconduct, interference in sensitive cases, shielding big defaulters, and other offences. On the Panel’s recommendation, Alok Verma has been transferred to the Fire Services department as Director General.
Date - Tue, 19 Mar 2019 11:35 AM


• SC sets up three-member panel to provide for reforms for conducting Competitive exams
SC has constituted a three-member panel to suggest for reforms for fairly conducting Competitive examinations by government bodies. The Panel will consist of Nandan Nilekani, co-founder of Infosys, Vijay P Bhatkar, renowned computer scientist. The tampering and leaking of question papers has been the case from years, to resolve the same SC has constituted the Panel.
Date - Tue, 19 Mar 2019 11:35 AM


As per BBCI legal Cell, Hardik Pandya and K.L.Rahul can be suspended by CoA
The Apex Court has appointed the Apex Council, i.e. Committee of Administrators (CoA) to look into the matter. Hardik Pandya and K.L.Rahul who made some offensive remarks regarding women on the celebrity lifestyle show “Koffee with Karan” is being charged for making offensive comments on women that were tagged as crass and misleading and the proceedings will be initiated soon. The episode has also been pulled down by the Hotstar, which is an online streaming partner of the chat show Koffee with Karan. However, the suspension of the two cricketers will cease, if adjudication is not being completed within 6 months.
Date - Tue, 19 Mar 2019 11:35 AM


Opportunity

100 Landmark Judgment 2018

Legal Notes

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PCS (J) Notes:Res Gestae: Meaning, Relevance and Case Laws

The principle of the section 6 is that whenever a ‘transaction’ such as a contract or a crime is a fact in issue, then evidence can be given of every fact which forms part of the same transaction. The section is based upon the English doctrine of res gestae through the use of the word has been avoided in the section. The phrase res gastae is of latin origin which means ‘things said and done in the course of a transaction’. Transaction is a group of facts so concerned together as to be referred by a single name i.e, a crime, a contract or a wrong or a wrong or any other subject of inquiry which may be in issue. Every case that comes before a Court of law has a certain fact story behind it.

Relevance of this rule: Every fact story is made of certain acts, omissions and statements. Every such act, omission or statement as throw some light upon the  nature of the transaction or reveals its true quality or character should be held as a part of transaction and the evidence of it should be received. Doctrine of res gestae, enables the Court to take into account all the essential details of a transaction. A transactions a group of facts so connected together as to be referred to by a single name, as a crime, a contract a wrong or any other subject of inquiry which may be in issue. Roughly, a transaction may be described as any physical act, or series of connected physical acts, together with the words accompanying such act or acts. A transaction can be truly understood only when all its integral parts are known and not in isolation from each other. In the famous English case of Ratten v. The Queen, (1971) 3 W.L.R. 930, the accused was prosecuted for the murder of his wife. He claimed that the shot went off accidentally. There was evidence to the effect that the deceased telephoned to say, “Get me the police, please”. Before the operator could connect to the police, the lady gave her address and the call suddenly ended. Thereafter, the police came to the house and found the body of a dead woman. Her words over the phone were held to be relevant as part of the same transaction which brought about death. Her call in distress showed that the shooting in question was not accidental. For no victim of an accident could have thought of getting the police before the happening. Thus in O’Leary v. Regem, (1946) 73 C.L.R. 566 evidence of assault prior to killing was taken into cognizance as part of same transaction.

Case Laws on Res Gestae

FIR when res gestae- Shyam Nandan Singh v. State of Bihar, 1991 Cri LJ 3350. A witness is present at the scene of occurrence, sees the whole occurance from beginning to end, makes cry about the offence being committed when people from vicinity reach. He tells the story of occurance and thereafter, goes to police station and makes FIR. The making of the FIR was held to be part of the transaction and so it amounts to res gestae. The fact that sometime has elapsed between the occurance and report is immaterial.

Noor Mohd v. Imtiaz Ahmad, AIR 1942 Oudh 132- One R practised fraud upon one M and thus took Rs 8000/-. M lodged a report and filed a complaint. One S, a prosecution witness stated that M came to him and said that he had been deprived of about Rs 8000/- and that M again came to him and told him that he had neither filed a complaint against him not had made a report against R and that after having robbed him, R was still trying to rob him of what he still had. The prosecution witness further said that after he (the witness) once visited M, the latter told him that R was making his life miserable and he would take steps to have his money recovered and thereupon M said, “Let the matter go. I have forgiven him but that he should not touch what is left.” This statement was held inadmissible as it was mere narrative of past occurance.

Richard Gillie v. Posho Ltd., AIR 1939 PC 146- A dispute between A and B was whether A had agreed to make a purchase from B on a certain date. In support of B’s allegation that A had agreed to make the purchase, a letter, dated 23rd December, 1926 from him (B) to a solicitor was purchased. In this letter B had made a mentioned that A had agreed to make a purchase. The letter was held inadmissible as there was no evidence to show whether the statement in the letter was made with reference to some events which has just happened.

Nasiruddin v. Emperor, AIR 1945 Lah 46- One Fakiria was killed in broad daylight in one of the crowded bazars of Gujranwala. At the rial, one Mst. Aishan Bibi was examined as witness. She stated that when she reached the spot, she heard the people present saying that Rajja, Nasiria and Jagari has committed the crime. It was not stated that the people who informed her of the names of the murderers were present when the murder was being committed. It was held that the statement was not admissible.

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Procedural nature of the Criminal Procedure Code

Every Criminal Law is either substantive law, or procedural law. The substantive law determines the rights and liabilities, whereas procedural law defines the remedies. The Indian Penal Code is substantive law, as it lays down what acts amount to various offences and prescribes the corresponding punishment. The Criminal Procedural Code, on the other hand, is procedural law, for it furnishes the detailed machinery for trying offenders. This procedure is to be followed for trying all criminal offences under the Indian Penal Code. The same procedure is also applied to offences under any other law, unless any enactment prescribes a special form of procedure to such offences. The Criminal Procedure Code does not affect the special or local laws in force in India.

The function of procedural law is four fold.

  • To select proper jurisdiction;
  • To ascertain the proper Court;
  • To set in motion the machinery of justice; and
  • To provide ways and means of making the Court’s decision effectual

The Criminal Procedure Code is not entirely procedural in nature. There are several provisions in the Code, which also confer substantive rights. For Example, Sec. 125 of the Code confers the right of maintenance on wife, children and parents. The Code also grants the right of Hebeas Corpus. Likewise, right of appeal is also available under the Code.

Procedural Laws not in any way less important than substantive law. In fact, the two are equally important and complement to each other. In a given case, the substantive penal law may be the perfection of reason and wisdom, and yet the worst criminal may escape through the flaws and loopholes of the procedure. It is therefore, imperative that the procedural law should be as effectual as possible.


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