Irrational And Indiscriminate Arrests Are Gross Violation Of Human Rights, Arrest Should Be The Last Option For The Police: Allahabad High Court

The Allahabad High Court on Wednesday (06th January) observed that after the lodging of FIR, the arrest can be made by the police at will and that there is no definite period fixed for the police to arrest an accused against whom an FIR has been lodged. The Bench of Justice Siddharth, however, noted that arrest should be the last option for the police and it should be restricted...

Bank Liable For Fraudulent Online Transaction If Account Holder's Fault Not Proved : NCDRC

The National Consumer Disputes Redressal Commission (NCDRC) recently held that in case of fraudulent transactions leading to withdraw of money from a person's bank account, the concerned bank shall be responsible for the loss, not the customer, if it is not proven that the fraudulent transaction had taken place due to account holder's fault. The ruling was made by Presiding Member...

Right To Personal Liberty : Challenge Before Constitutional Courts

The Special NIA Court's order in Allan-Thwaha case, which has been reversed by the High Court, was a remarkable turn in anti-terror jurisprudence as it said fight against terrorism has to be balanced with human rights.

Internet Intermediary Not Liable For Actions Of Vendors On Online Marketplace : Karnataka High Court Quashes Case Against Snapdeal

The Karnataka High Court has ruled that an intermediary as defined under the Information Technology Act or its directors/officers would not be liable for any action or inaction on part of a vendor/seller making use of the facilities provided by the intermediary in terms of a website or a marketplace. A single bench of Justice Suraj Govindaraj in its order dated January 7, said :"The...

Need For Minimum Practice As Advocate For Judicial Service : Reigniting The Debate

"Judges do not have an easy job. They repeatedly do what the rest of us seek to avoid; make decisions" - Professor Pannick, Judges Recently, Rule 5(2)(a)(i) of the Andhra Pradesh State Judicial Service Rules of 2007 was challenged before the Supreme Court (SC). The rule laid down a pre-condition of three years of practice as an advocate to be eligible to write the Civil Judge exam in...

Sushant's Face Revealed He Was Innocent & Sober, A Good Human Being, Says Bombay HC Judge

A judge of the Bombay High Court on Thursday praised late actor Sushant Singh Rajput's work in the film "M S Dhoni: The Untold Story" and said that one could make out from the actor's face that he was a good human being.The oral remarks were made Justice SS Shinde, who presided the division bench which reserved its verdict on a petition filed by Rajput's sisters - Priyanka Singh and Meetu...

Justice Hima Kohli Sworn In As First Woman Chief Justice Of Telangana High Court

Justice Hima Kohli was sworn in as the Chief Justice of the Telangana High Court on Thursday. Telangana Governor Dr Tamilisai Sounderarajan administered the oath at a ceremony held at Raj Bhavan, Hyderabad.With Justice Kohli's appointment, Telangana High Court has got its first woman Chief Justice. She is the lone woman Chief Justice in the country at present out of 25 High Courts. It was...

'To Err Is Human. Society Must Reform A Person Who Commits A Small Theft': Kerala High Court Quotes Poet Ayyappa Panicker

If a person commits a small theft, society must reform him, remarked Kerala High Court while acquitting a person convicted in a criminal case.Justice PV Kunhikrishnan began his judgment disposing this criminal appeal by quoting the line from the poem 'Moshanam' of the famous poet Ayyappa Panicker – "Just because I have stolen a few things, why should you call me a thief? The judge also...

S.18 of SC/ST Act-Unless The 'Offender's Action Is Impelled By The Consideration That The Victim Is A Member Of 'SC or ST', Bar For Anticipatory Bail Won't Apply

In a significant judgment, a Single Judge Bench of the Delhi High Court comprising of Justice Anup Jairam Bhambhani on Tuesday while granting anticipatory bail to an accused charged under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 held that the anticipatory bail application under Sec. 438 of CrPC can only be barred under Sec. 18 of the SC ST Act...

[Column] Justice Perspective- Justice A. Muhamed Mustaque

Since evolution there existed a system of natural justice on earth, more so with primates who possessed an inclination towards fairness and sharing. Of these primates the Human race with their added value of community and intelligence created justice systems based on their lifestyle, challenges, needs and times.Justice as a concept is driven by values and principles chosen by a...

Allan-Thwaha UAPA Case : Kerala High Court Substitutes Reasons With Rhetoric

An astonishing feature of the High Court judgment is that it does not discuss or deal with the legal analysis undertaken by the Special Court.

'Faulty Initial Investigation, Unskilled Prosecution, Lack of Involvement By Trial Judge' : Kerala High Court About Walayar Rape-Death Cases

While ordering re-trial in the Walayar rape-death cases, the Kerala High Court observed that the flaws in the initial investigation, unskilled prosecution and also the passive involvement of the trial judge led to the acquittal of all accused.The High Court even went to the extent of saying that such flaws cumulatively resulted in making the trial a "mock trial"."...we are fully convinced ...