Poverty and illiteracy of accused needs to be kept in view while sentencing them: Bombay HC [Read Judgment]

The Bombay High court has observed that, poverty and illiteracy of the accused needs to kept in view, while sentencing them. Justice A.I.S Cheema disposing the appeal filed by certain labourers convicted for committing dacoity, sustained the conviction recorded by trial Court under Section 395 IPC, but reduced the sentence of four years imprisonment to three years.The Trial court had...

Bombay HC rejects challenge against constitutionality of Article 81[B] of Education Code for Kendriya Vidyalaya [Read Judgment]

The Bombay High Court, in Gokul Rajaramji Ingle vs. Union of India, has rejected the challenge against vires of Article 81 [B] of the Education Code for Kendriya Vidyalaya. Upholding the order of Central Administrative Tribunal, the Division Bench comprising of Justices V.K. Jhadav and S.S. Shinde also dismissed a petition challenging order of termination of the services of a teacher accused...

Offence U/S 304-A IPC cannot be quashed on the basis of compromise between Parties : Punjab & Haryana HC [Read Judgment]

To quash the proceedings under Section 304-A solely on the basis of a settlement or compromise arrived at between the accused and the legal representatives is not permissible and militates against all canons of justice, the Bench said.The Punjab and Haryana High Court has held that criminal proceedings against an accused under Section 304 cannot be quashed by invoking inherent powers...

Army Tribunal upholds the removal of a Muslim sepoy from Military Service for growing beard [Read Order]

The tribunal held that Regulation 665 of the Defense Service Regulations as constitutionally valid.Practice of wearing beard by a Muslim is only desirable and not an integral religious practice; said the Tribunal.The Armed Forces Tribunal (Kochi Bench), has upheld the order of dismissal of a military personnel ,who was discharged from military service for growing his beard, holding it to...

AdWord Case; US Supreme Court rejects Google's Appeal

Supreme Court of United States (SCOTUS) has rejected an Appeal filed by Google to dismiss a class action law suit by California advertisers regarding the placement of Internet Advertisement through Google’s Adword service.SCOTUS declined to hear Google's appeal against an order by 9th U.S. Circuit Court of Appeals allowing the suit proceedings to continue as a class action...

Madras Lawyers protest against Disciplinary Rules

Lawyers from more than 135 Bar Associations in Tamil Nadu and Puducherry have participated in a rally organised by Madras High Court Advocates’ Association in Chennai, demanding the withdrawal of new Amendments introduced by Madras High Court in the Disciplinary Rules under Advocates Act.Last Week the Madras High Court Advocates Association, in a unanimous resolution, has expressed...

Art of Living pays Rs 4.75 crore environment compensation to Delhi Development Authority as per NGT Order

Sri Sri Ravi Shankar’s Art of Living Foundation has paid Rs 4.75 crore environment compensation through a demand draft to the Delhi Development Authority, as fine for damage to the Yamuna floodplains during its ‘World Culture Festival’.The payment has reportedly been confirmed by Mr. J.P. Agarwal, Principal Commissioner of Delhi Development Authority.Earlier last week, National...

Water Even not a Drop to Waste!

Water, water, everywhere,And all the boards did shrink;Water, water, everywhere,Nor any drop to drinkSamuel Taylor Coleridge was an English poet, has written the above poem in 1797–98 and was published in 1798 in the first edition of Lyrical Ballads. Those words have become prediction of climate and became reality in India in 2016. The scarcity of water has reached to such stage where...

Officials of Service Tax Department can only ‘verify’, not ‘audit’: Delhi HC axes Rule5A (2) of Service Tax Rules [Read Judgment]

Under the garb of the rule making power, the Central Government cannot arrogate to itself powers which were not contemplated to be given it by the Parliament, said the BenchIn an important pronouncement, the Delhi High Court has struck down amended Rule 5A(2) of Service Tax Rules, to the extent that it authorizes the officers of the Service Tax Department, to audit the account of...

Terminating Pregnancy of Rape Victims: Amend the Law to avoid Prosecution of Doctors: Punjab & Haryana HC [Read Judgment]

The Punjab and Haryana High Court has requested authorities of AIIMS, New Delhi to reassess the possibility of termination of pregnancy of a rape victim whose gestation period of pregnancy has exceeded 24 weeks. Justice Paramjeet Singh Dhaliwal also advised the Central Government to consider making amendments to the Medical Termination Of Pregnancy Act, 1971 and clarify in so many words to...

Compensation awarded by MACT not ‘income’ and cannot be subjected to TDS and Income Tax: Madras HC [Read Judgment]

In a very significant judgment, the Madras High Court has held that the compensation awarded by the Motor Accident Claims Tribunal (MACT) to accident victims cannot be subjected to TDS and Income Tax since the compensation and the interest awarded therein does not fall under the term 'income' as defined under the Income Tax Act, 1961.Referring to a Himachal Pradesh High Court judgment wherein...

If prosecution suppresses the genesis and origin of occurrence of crime, accused are entitled to get benefit of doubt: SC [Read Judgment]

The Supreme Court in Bhagwan Sahai vs. State of Rajasthan has restated that if the prosecution has suppressed the genesis and origin of the occurrence of crime, the accused are entitled to get benefit of doubt.Setting aside the judgment of the High Court which had found the accused guilty under section 308/34 of the IPC, Division Bench comprising of Justices Dipak Misra and Shiva Kirti...