Legal Articles CBI’s Authority To Investigate Within ‘Railway Areas’ In A State Remains Unfettered By State Govt’s Withdrawal Of Consent: Calcutta HC February 5, 2021 by Sanjeev Sirohi | Leave a Comment In a learned, latest, landmark and laudable judgment titled Anup Majee Vs Union of India and others in WPA No. 10457 of 2020 while exercising its appellate side of Constitutional Writ jurisdiction, a single Judge Bench of Calcutta High Court ruled cogently, convincingly and categorically that the authority of the CBI to investigate into […] Read more » Calcutta HC CBI’s Authority To Investigate Within ‘Railway Areas’ In A State
Legal Articles Cancerous To The Justice Delivery System If Hostile Witnesses Believe They Are Beyond The Rule Of Law: Bombay HC February 5, 2021 by Sanjeev Sirohi | Leave a Comment In a recent, righteous and remarkable judgment titled Saraswati vs The State of Maharashtra in Criminal Appeal No. 40 of 2015 that was reserved on 4 January, 2021 and delivered finally on 19 January, 2021, the Aurangabad Bench of the Bombay High Court minced no words to hold unequivocally that the courts cannot “turn […] Read more » Bombay HC Cancerous To The Justice Delivery System If Hostile Witnesses Believe They Are Beyond The Rule Of Law Justice Ravindra V Ghuge
Legal Articles Pressing Breasts Without Disrobing Not “Sexual Assault” As Per POCSO Act But Offence Under Section 354 IPC: Bombay HC February 4, 2021 by Sanjeev Sirohi | Leave a Comment To begin with, if there is one judgment of Bombay High Court which is attracting maximum attention and a lot of strong reactions from even the top court, it is this one which is titled Satish vs The State of Maharashtra in Criminal Appeal No. 161 of 2020 delivered on January 19, 2021 in […] Read more » Pressing Breasts Without Disrobing Not “Sexual Assault”
Legal Articles Violation Of Fundamental Right To Speedy Trial Is A Ground For Constitutional Court To Grant Bail In UAPA Cases: SC February 2, 2021 by Sanjeev Sirohi | Leave a Comment It is most refreshing, reasonable and righteous to learn that most recently on February 1, 2021, the Apex Court in a learned, latest, landmark and laudable judgment titled Union of India vs KA Najeeb in Criminal Appeal No. 98 of 2021 has commendably held that restrictions under Section 43-D(5) of UAPA does not oust the […] Read more » Violation Of Fundamental Right To Speedy Trial
Legal Articles Section 41A CrPC : Allahabad HC Issues Slew Of Directions To Ensure Compliance of Safeguards From Arbitrary Arrest In 498A Cases February 2, 2021 by Sanjeev Sirohi | Leave a Comment Let me say this from the bottom of my heart: Words just cannot be adequate to describe the amount of immense satisfaction that one experiences to learn that in a learned, latest, laudable and landmark judgment titled Vimal Kumar & 3 Others v. State of UP & 3 Others in Criminal Misc. Writ Petition No. […] Read more » Allahabad HC arbitrary arrest Compliance of Safeguards From Arbitrary Arrest In 498A Cases
Legal Articles Police Liable For His Death On Account Of Their Negligence: Orissa HC Directs State To Pay Rs 5 Lakh As Compensation To Parents Of Deceased February 2, 2021 by Sanjeev Sirohi | Leave a Comment In a well-written, well-reasoned, well-articulated and well-worded judgment titled Purna Chandra Mohapatra and Another vs State of Odisha & Others in Writ Petition (Civil) No. 13774 of 2005 that was delivered as recently as on January 27, 2021, the Orissa High Court has rightly directed that a sum of Rupees Five Lakhs be paid […] Read more » Custodial Death Division Bench of Chief Justice Dr S Muralidhar Police Liable For Death On Account Of Negligence Purna Chandra Mohapatra and Another vs State of Odisha & Others Writ Petition (Civil) No. 13774 of 2005
Legal Articles Extra-Ordinary Power Of Trial Court Under Section 319 CrPC Should Be Exercised Sparingly: SC January 31, 2021 by Sanjeev Sirohi | Leave a Comment In a welcome move, the Apex Court most recently on January 29, 2021 in a latest, learned, landmark and laudable judgment titled Ajay Kumar @ Bitu vs State of Uttarakhand [Criminal Appeal No. 88 of 2021] has reiterated clearly, cogently, convincingly and categorically that the power of a Trial Court under Section 319 of the […] Read more » Extra-Ordinary Power Of Trial Court Under Section 319 CrPC Section 319 CrPC Should Be Exercised Sparingly
Legal Articles Punishing An Adolescent Boy Who Enters Into A Relationship With A Minor Girl Was Never The Objective Of POCSO Act: Madras HC January 31, 2021 by Sanjeev Sirohi | Leave a Comment In a balanced, bold and brilliant judgment titled Vijayalakshmi & Anr. v. State & Anr. in Crl.O.P.No.232 of 2021 and Crl.M.P.No.109 of 2021 delivered on January 27, 2021, the Madras High Court minced no words to state unequivocally that, “Punishing an adolescent boy who enters into a relationship with a minor girl by treating […] Read more » Punishing An Adolescent Boy Who Enters Into A Relationship With A Minor Girl The Objective Of POCSO Act
Legal Articles Statutes Must Be interpreted In A Just, Reasonable And Sensible Manner: Supreme Court January 29, 2021 by Sanjeev Sirohi | Leave a Comment It has been most rightly held by the Apex Court in a latest, landmark, laudable and learned judgment titled Commercial Taxes Officer, Circle-B, Bharatpur vs M/s Bhagat Singh in Special Leave Petition (C) No. 15870/2020 delivered just recently on January 21, 2021 in exercise of its extraordinary appellate jurisdiction that a statute must be interpreted […] Read more »
Legal Articles Decriminalising Adultery Could Lead To Instability In Armed Forces: Centre To SC January 28, 2021 / January 28, 2021 by Sanjeev Sirohi | Leave a Comment To start with, the Centre has in a measured, commendable and calibrated move very rightly sought a clarification from the Supreme Court to the effect that the 2018 order decriminalizing adultery would apply only to civilians and not defence personnel because not prosecuting soldiers for adultery could cause “instability” in the armed force. Soldiers are […] Read more » Decriminalising Adultery
