Legal Articles Armed Forces Tribunal Act Cannot Curtail High Court’s Power Of Judicial Review U/A 226: Allahabad HC March 10, 2022 / March 10, 2022 | Leave a Comment “i. This Hon’ble Tribunal may kindly be pleased to issue a writ, order, rule or direction directing the respondents authorities specially the respondent no.4 to pay interest @ 18% per annum on account of delayed payment of pension other retiral dues such as Gratuity, G.P.F., Group Insurance, Commutation of pension, Leave encashment and arrears of […] Read more » Allahabad HC Armed Forces Tribunal Act Cannot Curtail High Court’s Power Of Judicial Review U/A 226 Power Of Judicial Review U/A 226
Legal Articles Child In Conflict With Law Can’t Be Treated As Under Trial Prisoner U/S 436-A CrPC: MP HC March 9, 2022 / March 9, 2022 | Leave a Comment At the outset, the Bench while elaborating on the law laid down in this learned judgment is stated thus: “(i) Section 1(4), 3,12 of Juvenile Justice (Care and Protection of Children) Act, 2015 as well as Rule 8 of Juvenile Justice (Care and Protection of children) Model Rules, 2016 do not contemplate release of Juvenile […] Read more » Child In Conflict With Law Can’t Be Treated As Under Trial Prisoner U/S 436-A CrPC MP HC MP HC Discharges Man U/S 498A IPC
Legal Articles Right Of Accused Under Section 50 Of NDPS Act To Be Searched In Presence Of Magistrate Violated: Gujarat HC Upholds Order Of Acquittal March 8, 2022 / March 8, 2022 | Leave a Comment Most remarkably, the Bench then hastens to add in para 12 that, “It is a cardinal principle of criminal jurisprudence that in an acquittal appeal if other view is possible, then also, the appellate Court cannot substitute its own view by reversing the acquittal into conviction, unless the findings of the trial Court are perverse, […] Read more » Gujarat HC Upholds Order Of Acquittal Right Of Accused Under Section 50 Of NDPS Act
Legal Articles SC/ST Act – Anticipatory Bail Can Be Granted If No Prima Facie Offence Is Made Out: Gujarat HC March 8, 2022 / March 8, 2022 | Leave a Comment While taking the right step in the right direction, the Gujarat High Court in a learned, laudable, landmark and latest judgment titled Chaudhary Pravinbhai Revabhai Vs State of Gujarat in R/Criminal Appeal No. 1625 of 2021 delivered just recently on March 2, 2022 has admitted the criminal appeal challenging the quashment […] Read more » Anticipatory Bail Can Be Granted If No Prima Facie Offence Is Made Out
Legal Articles Kerala High Court Notifies Directions For Road Safety Amid Rising Accidents Involving Sabarimala Pilgrims March 7, 2022 / March 7, 2022 | Leave a Comment (I) The 2nd respondent Transport Commissioner, through the Enforcement Officers in the Motor Vehicles Department, and the 3rd respondent State Police Chief, through the District Police Chief of the concerned Districts shall ensure strict enforcement of the Road Safety Policy and also the provisions under the Motor Vehicles (Driving) Regulations, 2017, in terms of the […] Read more » Directions For Road Safety Amid Rising Accidents Involving Sabarimala Pilgrims Kerala High Court
Legal Articles Children Aged 16 Years Competent To Decide Their Inclination To Reside With Either Parent: MP HC March 7, 2022 / March 7, 2022 | Leave a Comment “13. Respondents No.5 & 6 are aged 16 years, therefore, they are in a position to give their choice as to with whom they want to live. They recorded their statement before the Magistrate as well as before the Registrar of this Court that they are willing to live with their father. So far the […] Read more » Children Aged 16 Years Competent To Decide Their Inclination To Reside With Either Parent Children Aged 16 Years Competent To Decide Their Inclination To Reside With Either ParentMP HC
Legal Articles Daughter Entitled To Get Equal Share In Parent’s Inherited Property: Chhattisgarh HC March 7, 2022 / March 7, 2022 | Leave a Comment The amended provisions of section 6(1) provide that on and from the commencement of the Amendment Act, the daughter is conferred the right.Section 6(1) (a) makes daughter by birth a coparcener “in her own right” and “in the same manner as the son.” Section 6(1) (a) contains the concept of the unobstructed heritage of Mitakshara […] Read more » Chhattisgarh HC Daughter Entitled To Get Equal Share In Parent’s Inherited Property
Legal Articles Right Of Accused To Recall Witness U/S 311 CrPC Can’t Always Be Denied In Lieu Of Prosecutrix’s Right U/S 33(5) POCSO Act: Orissa HC March 7, 2022 / March 7, 2022 | Leave a Comment “Power to summon material witness, or examine person present. Any Court may, at any stage of any inquiry, trial or other proceeding under this Code, summon any person as a witness, or examine any person in attendance, though not summoned as a witness, or recall and re- examine any person already examined; and the Court […] Read more » Orissa HC Prosecutrix’s Right U/S 33(5) POCSO Act Right Of Accused To Recall Witness U/S 311 CrPC Can’t Always Be Denied
Legal Articles Corruption A Termite And Root Cause Of All Problems Like Poverty, Inequality, Illiteracy, Social Unrest Etc: Allahabad HC March 7, 2022 / March 7, 2022 | Leave a Comment While elaborating on the facts, the Bench then envisages in para 3 that, “The present case has been registered on the basis of a written complaint by Shri Anmol Sachan, PI/CBI/ACB/Lucknow, dated 23/05/2019 against Dr. Sunita Gupta, the then Sr. D.M.O., Northern Railway (N.R.), Divisional Hospital, Charbagh, Lucknow and her husband Dr. Rajeev Gupta, Professor, […] Read more » Allahabad HC Corruption A Termite And Root Cause Of All Problems
Legal Articles Karnataka HC Issues Directions To Ensure Victim Is Given Notice Of All Bail Proceedings Concerning POCSO Cases March 7, 2022 / March 7, 2022 | Leave a Comment No less remarkable is what is then clearly stated in para 16 that, “Though the prosecution of such offences rests with the State, who is to act impartially, the prosecution system is overburdened, many a time prosecutors not having been appointed, leading to inordinate delay. If a victim or complainant wants to and can effectively […] Read more » Karnataka HC Victim Is Given Notice Of All Bail Proceedings Concerning POCSO Cases
