News Of the day

NEWS OF THE DAY

Sheila Dixit passes away at the age of 81

Sheila Dixit, Delhi’s longest-serving chief minister, and a senior Congress leader, died on Saturday at the age of 81, Dixit was admitted to the Escorts Hospital in the national capital a few days ago, her family and the party said. She suffered a cardiac arrest and breathed her last around 3.55 pm. Modi Ji Expressed his emotions by saying Deeply saddened by the demise of Shiela Dixit Ji. We, Into Legal World, Express condolence to her family member.

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  • Posted On Sat, 20 Jul 2019 04:56 PM

A person cannot be compelled to add someone as party in a suit against whom he don’t want to fight: SC

The Supreme Court bench comprising of Justice D.Y. Chandrachud and Justice M.R. Shah has reiterated that, in a suit, the plaintiff is the dominus litis and cannot be forced to add parties against whom he does not want to fight unless there is a compulsion of the rule of law. The court observed: "The observations are made by this Court considering the principle that plaintiff is the dominus litis and cannot be forced to add parties against whom he does not want to fight unless there is a compulsion of the rule of law. Therefore, considering the decision of this Court in the case of Kasturi v. Iyyamperumal the appellant cannot be impleaded as a defendant in the suit filed by the original plaintiffs for specific performance of the contract between the original plaintiffs and original defendant no.1 and in a suit for specific performance of the contract to which the appellant is not a party and that too against the wish of the plaintiffs. The plaintiffs cannot be forced to add party against whom he does not want to fight. If he does so, in that case, it will be at the risk of the plaintiffs." Gurmit Singh Bhatia vs. Kiran Kant Robinson

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  • Posted On Sat, 20 Jul 2019 12:08 PM

Bombay HC Set aside the order of Juvenile Justice Board that directed to try a juvenile as an adult.

Justice Dama Seshadri Naidu of Bombay High Court has set aside the order of Juvenile Justice Board that had directed to try a 'juvenile' accused of the murder of a 3-year-old girl 'as an adult'. Accused shall be tried as a juvenile, he said. Two boys, one aged 17 1/2 and the other aged 16 1/2 were alleged to be involved in a murder of a 3 year old girl. The Juvenile Justice Board decided to try the elder one, under Section 15 of the Juvenile Justice Act, 2015, as if he were an adult and the younger one as a juvenile. The appeal filed by both the state and the elder boy against these orders were dismissed by the Sessions Court. The matter was further appealed in Bombay High Court in the form of a writ. Justice Naidu, in his judgment, observes that, in this age of internet and social media, the theory of reduced culpability for juveniles relative to adults has taken a statutory dent. He observes: “A universally accepted ideal is that children are dependent and deficient in the mental and physical capacities, and are in need of guidance. Perhaps, initially, a multi-visual medium like TV; later, a globe devouring internet (appropriately, ominously worded as "worldwide web"), and finally—and fatally—the post-truth social media have let the children, especially the adolescents, leapfrog into the adult world. Mostly it is a crash-landing, with disastrous consequences. So the childhood innocence is the casualty. These devices may have made a child bypass his or her childhood, sadly. Then, naturally, the theory of reduced culpability for juveniles relative to adults has taken a statutory dent. The good-old-days icon of a truant child seems to get replaced by the modern-day mascot of a violent predator.” Mumtaz Ahmed Nasir Khan vs The State of Maharashtra

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  • Posted On Sat, 20 Jul 2019 11:17 AM

SC directed Trial Court to deliver judgement in Babri Masjid demolition case within 9 months

The Supreme Court bench of Justice R.F. Nariman and Justice Surya Kant directed that the recording of the evidence in the case should be completed within six months and judgment should be delivered within nine months from 19/07/2019. The criminal case of conspiracy to demolish Babri Masjid involves BJP veterans L. K. Advani, M. M. Joshi, Uma Bharati, Kalyan Singh etc. The Court also directed the UP Government to issue administrative orders to extend the tenure of the Special Judge of CBI Court, Lucknow, who is holding the trial, till the delivery of judgment. The judge was otherwise due to retire on September 30.

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  • Posted On Fri, 19 Jul 2019 03:22 PM

A disciplinary enquiry is governed by a different standard of proof than that which applies to a criminal case: SC

The Supreme Court bench comprising of Justice D.Y. Chandrachud and Justice Indira Banerjee has held that the acquittal in the course of the criminal trial by itself is not a ground for vitiating the finding of misconduct which has been arrived at during the course of the disciplinary proceedings. The bench observed that "A disciplinary enquiry is governed by a different standard of proof than that which applies to a criminal case. In a criminal trial, the burden lies on the prosecution to establish the charge beyond a reasonable doubt. The purpose of a disciplinary inquiry is to enable the employer to determine as to whether an employee has committed a breach of the service rules." | Case: Union of India Versus Sitaram Mishra and others

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  • Posted On Fri, 19 Jul 2019 11:29 AM

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