Compliance Duty For Covid-19 Mask Norm Higher For Advocates, Cannot Be An Ego Issue : Delhi High Court

Dismissing petitions by 4 advocates challenging the Delhi government's order to wear masks as part of Covid-19 protocol even while travelling alone in a personal vehicle, the Delhi High Court today observed in a strongly worded order that, "Advocates as a class, owing to their legal training have a higher duty to show compliance especially in extenuating circumstances such as the...

Omissions; It's Proof And Significance In Criminal Trial

One of the statutory recognised methods in discrediting a witness is to contradict him with his previous / former statement. This is reflected in Section 155 (3) of the Indian Evidence Act which reads : "The credit of a witness may be impeached in the following ways by the adverse party, or with the consent of the Court, by the party who calls him: (1)…………… ...

Won't Let Artificial Intelligence Do Decision Making; Judges' Autonomy & Discretion Will Be Retained : CJI Bobde

The Supreme Court's Artificial Intelligence Committee on Tuesday launched its Artificial Intelligence portal SUPACE(Supreme Court Portal for Assistance in Court's Efficiency). Judges.The event was attended by CJI Bobde, CJI designate Justice NV Ramana and Justice Nageswara Rao, who is also the Chairman of the Supreme Court's AI Committee, and High Court Judges.While launching the...

Poverty Of Accused Is Not A Mitigating Factor While Awarding Punishment Under NDPS Act: Supreme Court

Merely because the accused is a poor man and/or a carrier and/or is a sole bread earner cannot be such mitigating circumstances in favour of the accused while awarding the sentence/punishment in the case of Narcotic Drugs and Psychotropic Substances Act, the Supreme Court observed.The bench comprising Justices DY Chandrachud and MR Shah observed that while striking balance between the...

[Covid-19] Allahabad High Court Asks UP Govt To Consider Administering Vaccines To All Citizens Including Those Below 45 Yrs Of Age

In view of the threat posed by the second wave of Covid-19 pandemic, the Allahabad High Court has asked the State Government to consider administering vaccine to all the citizens and not just those who are above 45 years of age. A Division Bench comprising of Chief Justice Govind Mathur and Justice Siddhartha Varma specifically expressed concern for such students who are to appear in...

Cases Where Anticipatory Bail Can Be Granted Even After Submission Of Charge Sheet: Allahabad High Court Issues Guidelines

The Allahabad High Court on Monday observed that non grant of anticipatory bail to an accused only on the ground that charge-sheet has been submitted by the Investigating Officer or cognizance has been taken by the Court against him under sec. 204 of Cr.P.C. without considering the prima facie veracity of the same, will "not be in the larger interest of justice."A single judge bench comprising...

"This Is Forum Shopping, Parties Not Entitled To Hop From Judge To Judge": Bombay HC Judge Justice GS Patel Rejects Plea For His Recusal

Justice GS Patel of the Bombay High Court recently rejected an application seeking his recusal from hearing a case and transfer to some other Court after the party, Respondent in the pending matter, cited the reason of not having faith in him. While rejecting the said application, Justice GS Patel opined thus: "The application for recusal is rejected outright. This is nothing but...

"Victim's Trauma Doesn't End With Rape" - Bombay High Court Recommends Amendment To Give Victim's 164 Statement The Status Of Examination-In-Chief

In a significant ruling, The Bombay High Court has urged the State and Central Governments, to bring amendments under relevant laws and give statements recorded before a magistrate under section 164 of the CrPC, the status of examination-in-chief. A division bench of Justices Prasanna B Varale and Shriram M Modak observed that the trauma of a victim does not end with the incident and...

Mumbai Sessions Court Dismisses Kangana Ranaut's Revision Petition Against Summons In Javed Akhtar's Defamation Case

A Sessions Court at Dindoshi, Mumbai rejected the revision application by actor Kangana Ranaut seeking to "suspend" the proceedings against her in the criminal defamation case filed by veteran lyricist Javed Akhtar. Akhtar has accused Kangana of damaging his "immaculate reputation by falsely attributing statements to him," in her interview with Republic TV anchor Arnab Goswami, on...

2011 Shanti Bhushan CD Case: Delhi Court Directs Further Investigation On Nine Points

A Delhi Court has recently directed the police to continue its probe for the second time into the 2011 case pertaining to a controversial CD involving conversation between former Law Minister Shanti Bhushan and politicians Mulayam Singh and Amar Singh. Chief Metropolitan Magistrate Pankaj Sharma, in the order dated 10th December 2020, ordered thus: "After careful perusal of the record,...

President Promulgates IBC Amendment Ordinance To Allow Pre-Packaged Insolvency Process For MSMEs

The Central Government has promulgated Insolvency and Bankruptcy Code(Amendment) Ordinance 2021 to allow pre-packaged insolvency resolution process for corporate debtors classified as micro, small or medium enterprises under the Micro, Small and Medium Enterprises Development Act, 2006.The Ordinance amends the Insolvency and Bankruptcy Code 2016 to allow the Central Government to notify...

High Courts Weekly Roundup [March 29 - April 4, 2021]

Allahabad High Court 1. Delay- "Rip Van Winkles Have a Place in Literature, But Not in Law": Allahabad High Court [Ganga Sahay & Ors. v. Deputy Director of Consolidation & Ors.] A Single Bench comprising of Justice Ajay Bhanot observed that the rule of delay and laches, as a policy of litigative repose, creates certainty in legal relations and curtails fruitless...