LAW: Legal Service is Not Business; Delhi Govt.’s Powers Over Services In NCT …

Legal service is not business
Delhi Govt. Has Powers Over Services In NCT
Bar Council allows foreign lawyers, law firms to practice in India
Virginity test on female detainee or accused in custody unconstitutional: Delhi High Court
Madras HC imposes Rs 25,000 fine on panchayat president over petition against cop without proof
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“Legal Service Is Not Business”: Madras HC Asks State Bar Councils To Take Action Against Lawyers Soliciting Work Through Online Service Providers

Live Law.in
3 July 2024
The Madras High Court has come down heavily on lawyers soliciting work through online websites in violation of Bar Council of India Rules. The court has asked the Bar Council of India to issue circulars/instructions/guidelines to State Bar Councils to initiate disciplinary proceedings against lawyers for advertising or soliciting their services directly or indirectly.

Read more …..

Delhi Govt. Has Powers Over Services In NCT

The conclusions of Hon’ble Supreme Court in its Judgment dated 11.05.2023 included the following:-
“d. The executive power of NCTD is co-extensive with its legislative power, that is, it shall extend to all matters with respect to which it has the power to legislate;”
“i) NCTD has legislative and executive power over “Services”, that is, Entry 41 of List II of the Seventh Schedule because:
(I) The definition of State under Section 3(58) of the General Clauses Act 1897 applies to the term “State” in Part XIV of the Constitution. Thus, Part XIV is applicable to Union territories; and
(II) The exercise of rule-making power under the proviso to Article 309 does not oust the legislative power of the appropriate authority to make laws over Entry 41 of the State List.”
– SC Judgment dated 11.05.2023 – Government of NCT of Delhi v. Union of India 

Bar Council allows foreign lawyers, law firms to practice in India

Times of India
Mar 15, 2023
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Virginity test on female detainee or accused in custody unconstitutional: Delhi High Court

A single judge bench was hearing a plea by Sister Sephy, convicted for the murder of Sister Abhaya in 1992 in Kerala, and observed that the basic dignity of a person in custody has to be upheld.
Theindianexpress.com
Feb 07, 2023
Virginity test conducted on a female detainee or accused under investigation whether in judicial or police custody is unconstitutional, the Delhi High Court held on Tuesday.
A single judge bench of Justice Swarana Kanta Sharma held that the virginity test conducted on Sister Sephy, convicted for the murder of Sister Abhaya in 1992 in Kerala, was unconstitutional, and further observed that the basic dignity of a person in custody has to be upheld, which had been flouted in this case.
Justice Sharma further granted liberty to Sister Sephy to seek compensation for violation of her human rights after the criminal case is over. Read more …

Madras HC imposes Rs 25,000 fine on panchayat president over petition against cop without proof

The judge said that the petitioner, in her official capacity, cannot pick a quarrel with a public official unnecessarily.
Newindianexpress.com
19th April 2022
MADURAI: Observing that filing petitions against police officials without proof would demoralise them and affect investigation, the Madurai Bench of the Madras High Court recently imposed Rs 25,000 cost on president of Pappanam panchayat in Ramanathapuram district for filing a petition seeking action against Abiramam police inspector.
The panchayat president, Amutha, claimed the inspector ill-treated her when she went to the police station on March 2, 2022, in connection with a case lodged against her husband. Justice SM Subramaniam, however, said the inspector had taken necessary action on both the complaint and counter-complaint in the case.
Read more …..

‘An ounce of personal love is worth more than tons of professional services rendered at public institution’: Delhi Court

Livelaw.in
Nov 05, 2021
A Delhi Court has observed that an ounce of personal love and care for the wholesome growth of the minor kids is worth more than tons of professional services rendered at any public institution.
Making the said observation, Additional Sessions Judge Dharmender Rana questioned the conduct of a Child Welfare Committee for giving custody of two minor kids aged 3 and half years and 5 months old to a Children Home over the custody of their grandparents.
Read more …

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‘SC-ST Act case can be quashed in case of fair compromise’

Times of India
Nov 04, 2021
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Arrest should be last option for police; irrational, indiscriminate arrests amount to gross violation of human rights: Allahabad High Court

“Personal liberty is a very precious fundamental right and it should be curtailed only when it becomes imperative.” the court observed.
Barandbench.com
07 Apr 2021
Irrational and indiscriminate arrests are gross violation of human rights and arrest should be the last option for the police, the Allahabad High Court said on Tuesday, granting anticipatory bail in a matrimonial dispute (Arshad v. State of Uttar Pradesh). Read ….

Mutation does not transfer property title, upheld Supreme Court

January 28, 2021
To clear doubts related to transfer of title, the Supreme Court once again reiterated that mutation does not confer property title. The apex court disposed an appeal filed by the Bruhat Bengaluru Mahanagara Palike (BBMP) against a Karnataka High Court judgment. Read more at … 

Don’t punish a child for marrying a female adult, says Supreme Court

Thehindu.com
January 03, 2020
The anti-child marriage law does not intend to punish a male aged between 18 and 21 years for marrying a “female adult,” the Supreme Court has held in a recent judgment.
A Bench led by Justice Mohan M. Shantanagoudar was interpreting Section 9 of the Prohibition of Child Marriage Act, 2006, which says: “whoever, being a male adult above 18 years of age, contracts a child marriage shall be punishable with rigorous imprisonment which may extend to two years or with fine which may extend to one lakh rupees or with both.” …

No handcuffing of accused except under magistrate’s orders: SC

Timesofindia.indiatimes.com
Dec 8, 2019
NEW DELHI: Though Supreme Court has time and against disapproved of handcuffing of undertrial prisoners and convicts, terming it an inhuman practice, it has provided for exceptions that could have been relevant in the case of four men who were gunned down by the police in Hyderabad. …

Bombay high court nixes government’s phone-tap orders as they ‘violate right to privacy’

Timesofindia.indiatimes.com
Oct 23, 2019
MUMBAI: The Bombay high court on Tuesday quashed three order passed by the Union home ministry to intercept phone calls of a businessman being probed by the CBI in a bribery case, saying it violates the right to privacy as held by the Supreme Court.  …

5 Steps to Take When You’re Accused of a Crime You Didn’t Commit

Scoopempire.com
Sep 3, 2019
Being accused of a crime you didn’t commit can be a horrible experience, especially if you’re worried about how you’re going to prove your innocence. Even if you have a decent alibi that shows you weren’t even at the scene of the crime, coordinating the details and witnesses in a manner that convinces a judge or jury to rule in your favour can seem like a challenge in and of itself. After all, the world is full of criminals who claim to be innocent, so how do you set yourself apart from the crowd? For starters, here are five steps you should take after being accused of a crime that you didn’t commit: …

Owner must act within 12 years or squatter will get rights: SC

Timesofindia.indiatimes.com
8 Aug 2019
NEW DELHI: If a rightful owner of an immovable property fails to take action to get back possession within the limitation period then his rights are lost and person in possession acquires an absolute title, the Supreme Court ruled on Wednesday, but held that no benefit of adverse possession should be given to people who encroached upon public land. …

Criminal Trial- Evidence Of A Solitary Witness Will Call For Heightened Scrutiny: SC

Livelaw.in
6 Aug 2019
The Supreme Court has observed that the evidence of a solitary witness in a criminal case requires heightened scrutiny.
The bench comprising Justice Ashok Bhushan and Justice Navin Sinha observed as follows while considering an appeal [Jagdish vs. State of Haryana] against conviction recorded by the High Court: …

‘Accused Can be Ordered to Give Voice Samples’: SC’s Crucial Ruling on Criminal Probes in India

News18.com
August 2, 2019
New Delhi: The Supreme Court on Friday ruled that a judicial magistrate can order an accused to give his voice samples even against his consent in the course of a criminal investigation.
A three-judge bench, headed by Chief Justice of India Ranjan Gogoi, decided the issue authoritatively after a division bench remained divided on the legality of such an order and referred the matter to the larger bench in 2012. …

Scope Of Article 226 Of The Constitution Of India: Important Judgments [Part-1]

Iivelaw.in
28 May 2019
SARVEPALLI RAMAIAH (D) THR. LRS. & ORS. V/s DISTRICTCOLLECTOR CHITTOOR DIST. & ORS., CIVIL APPEAL NO. 7461 OF 2009, SUPREME COURT OF INDIA,DATE OF DECISION: 14.03.2019, CORAM: R. BANUMATHI & INDIRA BANERJEE, JJ.
“Judicial review under Article 226 of the Constitution of India, 1950 is directed, not against the decision, but the decision-making process.”  …

SC: Children of void marriage legitimate

Tribuneindia.com
January 11, 2019
Holding that children of a void marriage are legitimate offspring, the Supreme Court has ruled that they can’t be denied the benefits of compassionate appointment.
Interpreting Section 16 of the Hindu Marriage Act, which confers legitimacy on children of void and voidable marriages, a Bench of Justice DY Chandrachud and Justice MR Shah said denying compassionate appointment to a child born out of a void marriage was “deeply offensive”. …

Retired Delhi cop made to wait 3 months for FIR in online fraud

Timesofindia.indiatimes.com
Nov 27, 2018
NEW DELHI: A 62-year-old retired Delhi Police head constable had to run from pillar to post for over three months after Rs 10,000 was fraudulently withdrawn from his account by cyber crooks. …

Can’t defer witness deposition at accused’s request: SC

Timesofindia.indiatimes.com
Nov 7, 2018
NEW DELHI: The Supreme Court has ruled against deferring witness deposition in a criminal case at the mere request of an accused and said courts of law had a duty to protect both the right of an accused for fair trial and the prosecution’s endeavour to prove its case. It also laid down a nine-point guideline for courts for conduct of criminal trials. …

Indian authorities can take note of foreign court order: Bombay HC

TimesofIndia.indiatimes.com
Mar 3, 2018
MUMBAI: In a significant order issued recently, a full bench of the Bombay high court ruled courts and quasi-judicial forums in this country can take note of the conviction of an Indian citizen by a foreign court, but the judgement will not be binding on such authorities in India.
The full bench was called upon to decide the issue while dealing with an application filed by Prabodh Mehta, a trustee of the multi-specialty Lilavati Hospital and Research Centre in Bandra. In 2013, the joint charity commissioner had dismissed Mehta as a trustee of the hospital over his conviction for an offence involving moral turpitude by a court in Belgium. …

Magistrates should exercise caution in applying judicial minds: SC

TimesofIndia.indiatimes.com
Feb 26, 2018
NEW DELHI: The Supreme Court has termed as “unfortunate” that in a number of cases, magistrates across India are not guided by concrete precedents set by it in exercising caution while applying their judicious mind.
Talking about the maxim that justice should not only be done, but should manifestly and undoubtedly be seen to be done, the top court said the magistrates are expected to apply their independent mind while taking cognisance of a matter and such a view, should be reflected in the order. …

Disciplinary proceedings are not human rights violation: Delhi HC

Indianexpress.com
February 8, 2018
Disciplinary proceedings are not human rights violation and security agencies, exempted from the purview of the RTI Act, need not provide information on such issues, the Delhi High Court has ruled. The ruling by Justice Vibhu Bakhru came on a CBI plea challenging a Central Information Commission (CIC) order directing the agency to provide one of its officers the status and details of disciplinary proceedings against him. …

Adult girl has a right to live life of her choice: SC

TimesofIndia.indiatimes.com
Jan 6, 2018
NEW DELHI: Striking hard at the societal tendency to impose restrictions on girls with regard to their choice of dress, profession and life partner, the Supreme Court on Friday declared that an adult woman enjoyed an unfettered right to lead a life of her choice.
“It needs no special emphasis to state that attaining the age of majority in an individual’s life has its own significance. S/he is entitled to make her/his choice. The courts cannot, as long as the choice remains, assume the role of parens patriae (legal protector),” said a bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud. …

Why punish married men alone for adultery, asks SC

TimesofIndia.indiatimes.com
Dec 9, 2017
NEW DELHI: The Supreme Court agreed on Friday to examine the constitutional validity of a 157-year-old ‘gender discriminatory’ provision in Indian Penal Code which punishes a married man for adultery for consensual sexual relations with another man’s wife.
A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud sought the Centre’s response in four weeks to a PIL by Joseph Shine from Kerala who is employed at Trento in Italy on why a married man alone and not the consenting wife of another should be hauled up. …

A Public Authority cannot act arbitrarily: SC

Oct 05, 2017 : Dtf.in
Hon’ble Supreme Court in its judgement dated 24.08.2017 has, inter alia, held as under:-
“Undoubtedly, a development authority as a public body cannot act arbitrarily or at its own whims, in deciding whether or not to renew the lease. Its decisions must be guided by public interest. … However, exercise of discretion must meet the touchstone of Article 14 of the Constitution. As a public authority, the decision must be fair, reasonable and guided by public interest.”
More: Copy of the SC judgment dated 24.08.2017 >>> Supreme Court Judgments

SC favours audio/video recording of court proceedings, to examine issue

TimesofIndia.indiatimes.com
Aug 15, 2017
NEW DELHI: Shedding its reluctance for years for audio-video recording of court proceedings, the Supreme Court on Monday favoured installation of CCTV cameras in all courts, including in the apex court itself, to record proceedings after the Centre backed the proposal.
In 2015, an SC bench, headed by then CJI H L Dattu, dismissed a PIL seeking its direction for video-recording of court proceedings. Similarly, the Bombay HC last year denied permission to introduce video recording, saying, “These are courts, not stages and sets from The Truman Show.” … Continue reading.

2-month deadline to complete rape trials unrealistic: Study

TimesofIndia.indiatimes.com
Jul 17, 2017
NEW DELHI: A 15-month-long study commissioned by the law ministry on trials of rape survivors has concluded that the provision under Section 309 of the Code of Criminal Procedure (CrPC) to complete a rape trial within two months of filing of the chargesheet was unrealistic.
The study said contrary to the provision in Section 309, even the survivor’s deposition was not completed in two months. The average time for deposition of the survivor was eight-and-a-half months, which continued beyond 15 months in some cases. …

Supreme Court sets timeline for courts for speedy trial, says bail should be decided in a week

TimesofIndia.indiatimes.com
Mar 10, 2017
NEW DELHI: Holding that speedy trial in criminal cases is part of the fundamental rights of an accused, the Supreme Court has suggested a time-frame for lower courts to decide a case to ensure that the accused do not languish in jail due to prolonged proceedings. …

Can’t restrain law portal, Google from posting court orders online: Gujarat high court

TimesofIndia.indiatimes.com
Jan 21, 2017
AHMEDABAD: Gujarat high court has ruled that it cannot restrain any website or internet search engine Google from posting any of its orders online.
Justice RM Chhaya on Thursday turned down a petition filed by one Dharmraj Dave, who had urged the court to direct a law portal and tech-giant Google to delete an HC judgement from internet because such a public exhibition of the order might jeopardize his chances of migrating to Australia. …

Don’t try to play lawmaker, Supreme Court tells judges

TimesofIndia.indiatimes.com
Dec 9, 2016
NEW DELHI: Judges should not exhibit “judicial valour” by passing sweeping orders that encroach on the domain of the executive and legislature as the separation of powers among the organs of the state must be honoured, the Supreme Court has said. …

Adult son has no legal right to stay in parents’ house, rules HC

TimesofIndia.indiatimes.com
Nov 30, 2016
NEW DELHI: An adult son has no legal right to stay in his parents’ self-acquired property, the Delhi high court has ruled while upholding the wishes of an elderly couple who wanted their son and daughter-in-law evicted from their house. …

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