Existence Of Parity Between Two Allowances For Several Years Does Not Mean It Should Continue In Future Also: SC [Read Judgment]

"It is an undisputed fact that parity had existed between the two allowances for 25 years, but that does not mean that such action of the Government can be taken to mean that the Government should continue such parity in the future also."

Even A Lady IPS Officer Not Safe: Madras HC Directs Installation Of CCTV Cameras In All Govt Offices To Prevent Sexual Harassment

The Madras High Court on Thursday directed the Internal Complaints Committee (ICC) to look into the sexual harassment allegations against S. Murugan, joint director of the Directorate of Vigilance & Anti-Corruption, on a complaint filed by a woman IPS officer.Justice SM Subramaniam confirmed the constitution of the ICC under Section 4 of The Sexual Harassment of Women at...

DU Professor Nandini Sundar, 5 Others Cleared Of Murder Charges By Chattisgarh Police

The names of Delhi University professor Nandini Sundar, and five others have been dropped by the Chattisgarh police from a murder case registered against them in 2016, for lack of direct evidence."The statements of the villagers were taken which suggests that they were not present at the time of the murder. Hence, we have taken back the cases against them", Jitendra Shukhla, Superintendent...

Is Conviction Based On Sole Testimony Of Victim In Rape Cases Sustainable?

A prosecutrix of a sex offence cannot be put on par with an accomplice. She is in fact a victim of the crime. The Evidence Act nowhere says that her evidence cannot be accepted unless it is corroborated in material particulars. She is undoubtedly a competent witness under S.118 and her evidence must receive the same weight as is attached to an injured in cases of physical violence.

Can A Judge Be Arrested? What Is The Procedure?

Can a judicial officer be arrested? This might be an interesting question, but the answer is well settled by the Supreme Court in Delhi Judicial Service Association Tis Hazari Court VS. State of Gujarat (1991), when it held that no person whatever his rank, or designation may be, is, above law and he must face the penal consequences of infraction of criminal law. The Apex court also...

Parliamentary Committee's Summons To Twitter CEO Jack Dorsey Is Not Supported By Procedure Or Precedent

The summons issued by the Parliamentary Standing Committee on Information Technology to Twitter CEO Jack Dorsey to appear before it on February 25 raises certain questions regarding its powers and functions.The Committee apparently felt snubbed, when Dorsey refused to appear on Monday following an earlier summons issued on February 5 to the discuss the issue of 'safeguarding citizens' rights on social/online news media platforms'."Given the short notice of the hearing, we informed the committee...

Criminal Complaints Cannot Be Quashed Merely Because Allegations Appear To Be Of A Civil Nature: SC [Read Judgment]

"If the ingredients of the offence alleged against the accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted."

Judicial Impact Assessment: 'An Important Facet Of The Institutional Independence Of The Judiciary'

Judiciary today is the most trusted institution of democracy as it is essentially the place of last refuge and the bastion of millions of citizens of this nation, but higher the trust, greater is the responsibility to maintain this trust and the faith of the people, and so it is a continuous challenge for the Judiciary to ensure that the faith of the public in the judicial system continues. It is now well settled that "Judicial Independence" of Judges does not merely means the independence of...

Successive Applications For Recalling Witnesses Should Not Be Encouraged: SC [Read Judgment]

"Where the prosecution evidence has been closed long back and the reasons for non-examination of the witness earlier is not satisfactory, the summoning of the witness at belated stage would cause great prejudice to the accused and should not be allowed."

What Is Meant By 'Taking Cognizance' In Section 190 of CrPC?

"Know The Law" is a series which explains the legal principles for the beginners in the legal professionSeveral provisions in Chapter XIV of the Code of Criminal Procedure use the word 'cognizance'.However, the word 'cognizance' has not been defined in the Code of Criminal Procedure.The meaning of the word has been explained by judicial pronouncements and it has acquired a...

Lawyers From Asian Countries Discuss Need For Stronger Privacy Laws

Lawyers and policy makers from several Asian countries discussed the nature of protection granted to privacy rights by laws in their respective jurisdictions in the second session of the LAWASIA Human Rights Conference held at New Delhi yesterday.The session chaired by Meenakshi Arora, Senior Advocate, explored the foreseeable impacts of technology on human rights, especially privacy rights,...

Dishonour Of Cheque : How To Discharge The Burden Of Accused?

Presumptions are devices by use of which the Courts are enabled and entitled to pronounce on an issue notwithstanding that there is no evidence or insufficient evidence. Under the Evidence Act all presumptions must come under one or the other class of the three classes mentioned in the Act, namely, (1) "may presume" (rebuttable), (2) "shall presume" and (3) "conclusive (irrebuttable). The term...