News Updates
Pandharpur Temples Act Doesn't Impair Rights Of Devotees, Rather Meant To Save Them From "Rapacity Of Priestly Class": State To Bombay High Court
The Pandharpur Temples Act 1973 giving the Maharashtra Government control over the Vitthal and Rukmini temples in Pandharpur was enacted to relieve its multitude of secular devotees and pilgrims from the “rapacity of the priestly classes”, the State government has told the Bombay High Court. Following a committee report and consensus from both houses of legislature, the hereditary rights...
Cannot Compel Everybody To Follow Same Ideology, Person Entitled To His Opinions In A Democratic Set Up: Madras High Court
The Madras High Court recently remarked that every person in a democratic person is entitled to his reservations and opinions about a particular ideology and no one can be compelled to follow the same ideology. The court also added that only dialogue could ensure scope for evolution in the Society. “In a democratic set up, it is always possible that their will be divergent...
'One Nation, One Election' Will Reduce Democratic Accountability : Former Chief Election Commissioner SY Quraishi
Holding simultaneous elections for Lok Sabha, State Assemblies and local bodies can result in the dilution of democratic accountability, opined former Chief Election Commissioner SY Quraishi.He was speaking in an interview with LiveLaw about the concept of "One Nation, One Election". Recently, the Central Government constituted a High-Level Committee to examine the feasibility of...
Appellate Courts Can Interfere With Acquittal Judgments Despite Double Presumption In Favour Of Accused: Kerala High Court
While reversing an order of acquittal in a bribery case against a village officer, the Kerala High Court recently observed that CrPC does not mandate the appellate court to differentiate between the appeals against judgments of conviction or acquittal and that they have the same powers while dealing with both. Justice Kauser Edappagath relying upon various Apex Court decisions stated that in...
AI Cameras Don't Violate Citizens' Privacy; All Data Encrypted And No Question Of Leakage: State Defends 'Safe Kerala Project' In High Court
Defending its 'Safe Kerala Project' in the High Court which encompasses installation of AI-cameras on the streets for capturing traffic violations, the Kerala government has assured that there is absolutely no privacy violation by the Project."All the data related to the traffic rule violations are securely stored in the servers at the State Central Control room...programming [of AI cameras]...
Banks Can’t Use Look Out Circulars As Measure To Recover Money From Creditors: Delhi High Court
The Delhi High Court has observed that banks cannot use Look Out Circulars (LOCs) as a measure of recovering money from creditors just because they feel remedy available under law is not sufficient. Justice Subramonium Prasad said that LOC can be issued only when there are sufficient reasons. He added that if there is a condition precedent for issuance of such LOC, the same must be...
What Is Cruelty For A Woman May Not Be Cruelty For A Man, More Broad Approach Needed When Wife Seeks Divorce : Supreme Court
While allowing a petition filed by an estranged wife seeking divorce, the Supreme Court on Wednesday (06.09.2023) said that the word ‘cruelty’ under Section 13(1)(ia) of the Hindu Marriage Act Act gives wide discretion to Courts ‘to apply it liberally and contextually’. While interpreting the meaning of cruelty, the Court said that what is cruelty for a person, may not be cruelty...
POCSO Act | Putting Hand On Victim's Shoulder, Pulling Her Clothes Signifies Sexual Instinct Of Accused: Madhya Pradesh High Court
The Madhya Pradesh High Court has observed that the act of the accused of pulling the clothes of the prosecutrix and putting his hand on her shoulder signifies his sexual instinct.The bench of Justice Prem Narayan Singh observed this while upholding the conviction of the appellant-accused (Nageshwar) under Section 354 of IPC and Section 7/8 of the POCSO Act.The Prosecution case was that when...
High Courts Cannot Refuse To Follow SC Judgment On Ground Of Review/Reference Pending Against It; In Case Of Conflicting Judgments, Follow Earlier One : Supreme Court
The Supreme Court has clarified that the High Courts cannot refuse to follow its binding judgment on the ground that a reference has been made against it to the larger bench or a review is pending against it.It observed, “We are seeing before us judgments and orders by High Courts not deciding cases on the ground that the leading judgment of this Court on this subject is either referred to...
'Where Is The Prohibition?': Karnataka High Court Dismisses Plea Against Appointment Of Political Secretaries, Media Advisor To CM Siddaramiah
The Karnataka High Court today dismissed a Public Interest Litigation challenging the appointment of Political Secretaries and Media Advisor to Chief Minister Siddaramiah. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the petition filed by Advocate Umapathi S and said, “For reasons to be recorded separately, the petition is dismissed.”...
Joshimath Crisis: ‘State Is Not Serious About Unearthing Real Cause Of Sinking Land’, Uttarakhand High Court Directs Presence Of Chief Secretary
The Uttarakhand High Court has pulled up the state authorities for not associating independent experts for studying the landslides and subsidence in Joshimath area of Uttarakhand.While noting that in the previous hearing it was directed to involve an expert from the fields including of Hydrology, Geology, Disaster Management and landslides to conduct the study in the Joshimath area, the bench...
Cheque Bounce Case Can Be Quashed U/S 482 Only If Amount Is Patently Non-Recoverable; Whether Debt Time-Barred Or Not Is A Question Of Evidence :SC
The Supreme Court observed that the question whether a cheque was issued towards a time barred debt is to be decided on evidence."It is only in cases wherein an amount which is out and out non-recoverable, towards which a cheque is issued, dishonoured and for recovery of which a criminal action is initiated, the question of threshold jurisdiction will arise. In such cases, the Court...