[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...

Voters Should Be Able To See Name, Photograph And Symbol of Candidates With Sufficient Clarity, Essential For Free And Fair Election: Kerala High Court

While disposing a petition relating to the visibility of a party's symbol on Electronic Voting Machines (EVMs), the Kerala High Court emphasized upon the importance of being able to see the name, photograph, and symbol with clarity. Underscoring the need for clear symbols/photographs in the election process, a Bench of Justice N Nagaresh remarked, "It is important and essential...

Conviction Of Accused Only On The Basis Of Presumption Under POCSO Act Would Offend Art. 20(3), 21 Of The Constitution: Tripura High Court

The Tripura High Court on Thursday held that the conviction of an accused only on the basis of presumption under sec. 29 and 30 of the POCSO Act would offend Art. 20(3) [No person accused of any offence shall be compelled to be a witness against himself] and Art. 21 [Right to Life] of the Constitution of India. Noting that such presumption would be lead up to the prosecution commencing the...

"Matter Of Policy, Court Won't Interfere, State May Reconsider":Madras High Court On Plea Against Increase In Court-Fees For Writ Petitions & Writ Appeals

Hearing a plea filed in connection with fixation of court-fees for writ petitions and writ appeals, the Madras High Court on Wednesday (31st March) observed that it is a matter of policy and the Court need not interfere in such decisions. The bench of Chief Justice Sanjib Banerjee and Justice Senthilkumar Ramamoorthy however, asked the State that it may reconsider as to...

Need Amendment To Define What Constitutes Sexual Intercourse On False Promise To Marry: Orissa High Court

"There is a need for the amendment in the legislation defining what constitutes "sexual intercourse" with the prosecutrix on the "pretext of a false promise of marriage". As in the present scenario, the law on this matter lacks clarity for the conviction of the accused." -Orissa High Court