SC: Children of void marriage legitimate
Retired Delhi cop made to wait 3 months for FIR in online fraud
Can’t defer witness deposition at accused’s request: SC
Indian authorities can take note of foreign court order: Bombay HC
Magistrates should exercise caution in applying judicial minds: SC
Disciplinary proceedings are not human rights violation: Delhi HC
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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”. …
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Delhi Police head constable had to run from pillar to post for over three months after Rs 10,000 was fraudulently withdrawn from his account by cyber crooks. …
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. …
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. …
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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. …
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. …
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. …
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
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.
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. …
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. …
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. …
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. …
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. …
Nov 24, 2016
NEW DELHI: For long, a couple of firms had a virtual monopoly over printing judgments of the Supreme Court in book format and selling it to advocates, institutions and others. So much so that one of them claimed copyright over the manner in which it edited and published the judgments.
But on Wednesday, a Supreme Court bench of Justices Ranjan Gogoi and N V Ramana ruled that no one could have copyright over judgments delivered by the apex court. It could be reproduced in its raw form by anyone without the risk of being accused of infringing copyright, the bench said, settling a long-standing dispute. …
Nov 25, 2015
NEW DELHI: Prosecution has been using electronic evidence to seek conviction of accused for a decade but for the first time, the Supreme Court on Monday permitted an accused to bring on record taped telephonic conversations to prove his innocence in a child sexual abuse case. …
Nov 02, 2015
The court said the father would have had to be alive on September 9, 2005, if the daughter were to become a co-sharer with her male siblings. …
Sep 5, 2015
NEW DELHI: Former Law Commission chairman Justice A P Shah, who as chief justice of Delhi high court delivered the landmark judgment decriminalizing homosexuality by reading down Section 377 of IPC, has slammed the Supreme Court for reviving the controversial penal provisions by quashing the HC verdict. …
Jul 7, 2015
BAREILLY: Passing a “historic” verdict based purely on circumstantial evidence, the court of additional district and sessions judge has sentenced a man to life imprisonment even after all eight witnesses turned hostile. The man had been charged with the murder of his wife and the judge saw it fit to go with the circumstantial evidence produced by the prosecution. …
Courts can skip empty formalities: SC .Business-standard.com
June 28, 2015
It is a basic principle of law that no action shall be taken without providing a hearing to the affected party. This principle, called the law of natural justice, is “flexible” according to situations, and it need not be followed as an empty formality, Supreme Court stated in its recent judgment, Dharampal Satyapal vs Deputy Commissioner. The doctrine cannot be applied as a “strait-jacket formula. …
India to get own version of class action lawsuits TimesofIndia.indiatimes.com
May 21, 2015
NEW DELHI: India is set to have a stronger consumer protection law with its own version of class action suits. As the term is usually defined, a class action suit is one in which one or several persons sue on behalf of a larger group of persons, referred to as “the class”. …
Testimony of sole witness enough for conviction: SC TimesofIndia.indiatimes.com
Apr 11, 2015
CHENNAI: An accused can be convicted on the testimony of a sole witness if the person is completely reliable, said the Supreme Court, upholding the verdict of the Madras high court which awarded five years of rigorous imprisonment to people facing conspiracy charge in a murder case. …
PMO plans to merge tribunals for efficiency, Company Law Board and CAT could be merged Economictimes.indiatimes.com
27 Feb, 2015
NEW DELHI: The Prime Minister’s Office is planning to prune the list of all important national tribunals and merge some of them to create larger entities and ensure efficiency. …
Proxy counsel cannot argue a case: High court TimesofIndia.indiatimes.com
Feb 16, 2015
Background: There are times when the advocate on record is stuck in some other court and cannot attend to another matter. In such cases, he appoints a “proxy counsel” to take care of the case in his absence. …
HC asks 2 cops to face trial 23 years after torturing woman TimesofIndia.indiatimes.com
Jan 25, 2015
MUMBAI: Police can’t torture an accused to extract information, the Bombay high court has ruled in a landmark judgment, and ordered two policemen to face trial for brutally assaulting a woman in custody 23 years ago. …
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