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Inquiry In Anticipatory Bail Applications Must Be Limited To Applicant's Case, Can't Be Directed Against Third Parties : Supreme Court
The Supreme Court, on Thursday, held that it is not open for High Courts to implead third parties in exercise of powers under Section 438 of the Code of Criminal Procedure, the provision that deals with anticipatory bail. In a plea assailing interim orders of the Patna High Court which had issued notice seeking appearance of Sahara Chief Subrata Roy in anticipatory bail proceedings of...
Eknath Shinde Group Can't Claim To Be Real Shiv Sena Only Based On Majority In Assembly : PDT Achary [Video Interview]
PDT Achary, former Secretary General of Lok Sabha, explains in this interview with Manu Sebastian, Managing Editor of LiveLaw, the law relating to recognition of political parties following a split. Achary discusses the legal provisions in the context of the recent rebellion in Shiv Sena party in Maharashtra. This is the sequel to the interview published on July 1 regarding the application...
Unmarried Woman Pregnant Out Of Consensual Relationship Cannot Seek Termination Of Pregnancy After 20 Weeks: Delhi High Court
Refusing interim relief to a 25 year old unmarried woman seeking termination of her pregnancy of 23 weeks and 5 days, the Delhi High Court has observed that an unmarried woman, whose pregnancy arises out of a consensual relationship, is clearly not covered by any of the Clauses under the Medical Termination of Pregnancy Rules, 2003.The petitioner's pregnancy would complete 24 weeks on 18th...
Police Can't Carry Out Intrusive Surveillance; Opening Rowdy Sheets, Collecting Photos, Home Visits As Per Standing Orders Violate Privacy : AP High Court
In a significant judgment, the Andhra Pradesh High Court held that the opening of rowdy sheets to brand persons as "rowdies", collection and display of their photos, domiciliary visits and summoning to police station as per the existing Police Standing Orders amount to a "direct infringement of the right to privacy".The Court held that the Police Standing Orders do not qualify as "law" within...
Supreme Court Explains Scope Of Judicial Review Of Administrative Action Based On Subjective Opinion/Satisfaction Of Authority
The Supreme Court explained the scope of judicial review of action of administrative authority based on it's subjective opinion or satisfaction."The action based on the subjective opinion or satisfaction can judicially be reviewed first to find out the existence of the facts or circumstances on the basis of which the authority is alleged to have formed the opinion", the bench comprising...
Karnataka IAS Officer Moves Supreme Court Against Adverse Remarks Of Justice HP Sandesh Of High Court
Karnataka IAS Officer J Manjunath,who was arrested by Anti Corruption Bureau in a bribery case recently, has approached Supreme Court against the remarks made by Justice HP Sandesh of the Karnataka High Court.Manjunath was the former Bengaluru Deputy Urban Commissioner, who was arrested by the ACB following certain critical remarks made by Justice Sandesh. Justice Sandesh had made...
Section 27 Evidence Act- Discovery Of Weapon At The Instance Of Accused By Itself Does Not Prove That He Had Concealed Or Used It : Supreme Court
The Supreme Court observed that merely because discovery of weapon was at the instance of accused, it does not mean he had concealed or used it.The bench observed thus while considering an appeal filed by a murder convict, whose conviction under Section 302 IPC was upheld by the Bombay High Court. One of the contentions raised by the appellant was that the eye witnesses in this case...
Voice Of Dissent Necessary For Healthy Democracy, Mere Criticism Of Political Parties No Ground To Invoke S.153A & 295A IPC: Delhi Court On Zubair's Bail
"The voice of dissent is necessary for healthy democracy. Therefore, merely for the criticism of any political parties it is not justified to invoke section 153A and 295A of Indian Penal Code," a Delhi Court observed today while granting bail to Co-Founder of Alt News Mohammed Zubair.The development ensued in an FIR registered by Delhi Police against Zubair recently for allegedly...
BREAKING| Delhi Court Grants Bail To Mohammed Zubair In Case For 2018 Tweet
A Delhi Court on Friday granted bail to Co-Founder of Alt News Mohammed Zubair in the Delhi FIR registered against him recently for allegedly hurting religious sentiments and promoting enmity through his tweet made in 2018.Additional Sessions Judge Devender Kumar Jangala of Patiala House Courts pronounced the order after reserving it yesterday. The bail is granted on the condition to furnish...