Top Three News
Decree-Holder Faces Same Problem In Execution As In 19th Century;Difficulties Of Litigant Begin After Obtaining Decree : Supreme Court
In a recent judgment, the Supreme Court had occasion to comment about the problems faced by litigants in execution of a decree.A bench comprising Justice Ajay Rastogi and AS Oka was dealing with a case in which the issue was whether the Delhi High Court, in its original civil jurisdiction, was competent to execute a foreign decree under Section 44A of the Civil Procedure Code.At the start of...
Prosecution Has Right To Ask Accused To Surrender Mobile Phone; No Violation Of Article 20(3) : Kerala High Court
The Kerala High Court on Saturday held that the prosecution has every right to seek that the accused should surrender mobile phones for forensic examination under Section 79A of the Information Technology Act. The Court rejected the argument that the surrender of mobile phones will infringe the fundamental right against self-incrimination under Article 20(3) of the Constitution of India....
Prior Sanction Required For Referring A Complaint Against Public Servants For Investigation U/S 156(3) CrPC: Calcutta High Court
In a significant development, the Calcutta High Court on Thursday observed that a prior sanction for prosecuting public servants is required before setting in motion even the investigative process under Section 156(3) of the Code of Criminal Procedure, 1973 (CrPC). The Court was adjudicating upon an appeal moved by former IPS officer Nazrul Islam seeking initiation of criminal proceedings...
Reservation in Promotions: Supreme Court Holds Cadre As Unit For Collecting Quantifiable Data On Adequacy Of Representation; Collection Of Data On Entire Service Meaningless [Updated With Judgment]
The Supreme Court on Friday delivered the judgment in the issue relating to reservation in promotions for Scheduled Castes and Scheduled Tribes. Centre and States had urged the Supreme Court to settle the confusion regarding the norms for reservation in promotions saying that several appointments have been stalled due to ambiguities.A Bench of Justices L Nageswara Rao, Sanjiv Khanna and...
POSH Act Applicable To Girl Students Of A School: Calcutta High Court
The Calcutta High Court on Monday observed that the provisions of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (2013 Act) is applicable to girl students of a school.A Bench comprising Justice HarishTandon and Justice Rabindranath Samanta placed reliance on the definition of 'aggrieved woman' as provided under Section 2 (a) of the 2013 Act...
When Judgment Debtor Pleads 'No Means', Execution Court Must Conduct Enquiry Before Issuing Arrest Warrant : Kerala High Court
The Kerala High Court has recently held that if a judgment debtor appears before the court when served with a notice and contends that he has no means to pay off the decreed debt, the Court is bound to enquire into this contention before issuing a warrant of arrest under Order XXI Rule 40 of the Civil Procedure Code.Justice A. Badharudeen was exploring the procedure to be followed before...
Prisoner Has No Fundamental Right To Conjugal Relationship As A Course; May Seek For 'Specific Purpose' Like Infertility Treatment: Madras HC
"The specific purpose may be infertility treatment or some similar reason, but it should not be construed to be a fundamental right for having conjugal relationship as a course", the larger bench clarified in the reference made by the Division bench
73rd Republic Day: The Promise of Purna Swaraj
The 26th of January every year is celebrated as the Republic Day- to commemorate the adoption of the Indian Constitution which came into effect on this day in the year 1950. In Indian political history, three dates hold special significance- 15th August, 1947 the day on which India won Independence; 26th November, 1949 as the day on which the Constitution of India was adopted by...
'What Harm In Teaching Hindi As A Third Language?' Madras High Court Asks Tamil Nadu Government In Plea For NEP Implementation
In a plea filed for implementation of National Education Policy (NEP), 2020 in the State of Tamil Nadu, Madras High Court has orally observed that it wouldn't be harmful if Hindi is taught in educational institutions as a third language, along with Tamil and English. The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu has ordered notice in...