'Already Undergoing Sentence' Under Section 427 CrPC Means Physical Detention Pursuant To Execution Of Warrant Of Sentence : Madras HC [Read Order]

In a significant ruling, the Madras High Court interpreted the word "already undergoing a sentence" under Section 427 of the Code of Criminal Procedure, with an attempt to balance it with the fundamental right to personal liberty under Article 21 of the Constitution of India.Section 427 CrPC deals with the situations where an offender already undergoing a sentence is sentenced for...

Taking Supreme Court's Cue, Maharashtra Government Allows Home Delivery Of Liquor From May 14

The Maharashtra government on Monday passed an order allowing liquor license holders to deliver alcohol to the home addresses of those persons who have a permit, beginning May 14.Exercising powers conferred under Section 139 (f)(n) of the Maharashtra Prohibition Act, the order dated May 11 was passed by the State government through Valsa Nair Singh, Principal Secretary (Excise).The sale...

Madras HC Requests Center & Insurance Companies To Consider Withdrawing Appeals Against MACT Awards Where Claim Amount Is Less Than 7.5 Lakh [Read Judgment]

The Madras High Court on Monday requested the Government and various insurance companies to consider withdrawing pending appeals against the awards passed by Motor Accidents Claims Tribunal (MACT), where disputed amount is less than Rs. 7,50,000/-. The order has been passed by Justice N. Anand Venkatesh on noting the "astounding number" of pending motor accidents claims/...

Madras HC Plea Dismisses Plea Of Karti Chidambaram And Wife To Quash Criminal Complaints Under Income Tax Act [Read Judgment]

The Madras High Court has dismissed the petitions filed by Congress MP Karti Chidambaram and his wife Srinidhi to quash two criminal complaints under the Income Tax Act and the trial proceedings in respect of them in the Special Courts for MPs/MLAs. Justice M. Sundar observed that the issues raised in the criminal complaints are matters for trial and no ground has been made out for quashing...

SC Order For Extension Of Limitation Does Not Affect An Accused' Right To Default Bail Under Section 167(2) CrPC: Uttarakhand HC [Read Order]

"Personal liberty of the individual, guaranteed under Article 21 of the Constitution of India, is very precious fundamental right and it should be curtailed only according to law." Emphasizing on the "indefeasible right" of an accused to be released on default bail after expiry of 60 or 90 days of custody, as the case may be, the Uttarakhand High Court on Tuesday held that the...

Delhi HC Issues Notice In Plea Moved by Bar Council of Delhi Seeking Movement of Lawyers In and Out Of Delhi [Read Order]

Delhi High Court has issued notice in a plea moved by the Bar Council of Delhi seeking court's direction to allow lawyers residing in NCR to move in and out of Delhi to attend courts and offices. The Division Bench of Justice Manmohan and Justice Sanjeev Narula has issued notices to the Centre, Delhi Government, Haryana Government and the Government of Uttar Pradesh. ...

Citing The Urgency Of The Matter, Delhi HC Asks Centre and Delhi Govt To Form Policy To Curb Overcrowding at Liquor Shops [Read Order]

Delhi High Court has asked the Centre as well as the Delhi Government to urgently decide as to how to control the problem of overcrowding and the resultant violation of social distancing outside liquor shops. While highlighting that this is a policy decision where the court can't intervene, the Division Bench of Justice Rajiv Sahai Endlaw and Justice Sangita Dhingra Sehgal has...

Delhi HC Dismisses PIL Seeking Financial Aid For Sex Workers and Persons Of LGTBQ Community To Survive COVID19 Pandemic [Read Order]

Delhi High Court has dismissed the plea seeking financial aid for the sex workers as well as the persons belong to the LGBTQ community in order to ensure their survival during the COVID19 pandemic. The Division Bench of Justice Rajiv Sahai Endlaw and Justice Sangita Dhingra Sehgal observed that the Supreme Court as well as various governments have already brought out several...

How 'Aarogya Setu' Can Be Made Mandatory When Many Workers Have No Smartphones, Kerala HC Asks Centre

The High Court of Kerala on Tuesday orally raised doubts about the practicality of the mandatory condition imposed on employers to make their employees download 'Aarogya Setu', the contact tracing app developed by the National Informatics Centre amid the COVID-19 pandemic."There are valid concerns about the mandatory condition on the employers. Many have no smartphones. How do you propose...

'State Has To Wake Up And Legislate Appropriate Enactments To Curtail Social Media War': Kerala HC [Read Order]

"The State has to wake up and legislate appropriate enactments to curtail the social media war", observed the Kerala High Court on Monday, highlighting the limitations of the Information Technology law as it stands today. The Court was considering the bail application of a female anchor of an online news channel which is airing news on social media platforms of Youtube and Facebook. A case...

People With Mental Illness Can't Be Discriminated In Matters Of Employment: Delhi HC Declares A Candidate With Bipolar Disorder Is Fit For Judicial Service [Read Judgment]

A Delhi High Court bench of Justices Vipin Sanghi and Sanjeev Narula on 8th May, 2020 gave an important Judgment regarding selection of judges under the Persons with Disability (PwD) category.The petitioner, Bhavya Nain, was a candidate with Bipolar Affective Disorder (BAPD) which is a mental illness. He applied for the Delhi Judicial Service Exam 2018 under the PwD category (Autism,...

Need Not Draw Decrees For Awards; Issue Free Award Copies To Parties In 15 Days: Madras HC Issues Directions To MACT [Read Judgment]

"The Claims Tribunal shall arrange to deliver free copies of the award to the parties concerned within 15 days from the date of the award as contemplated by Section 168 (2) of the Act and Rule 20(6) of the Rules."The Madras High Court on Monday held that the Motor Accidents Claims Tribunal need not draw decrees like regular civil courts, for the same is not contemplated either under the...