LATEST NEWS
“Prolonged incarceration of undertrialS violates liberty”: Supreme Court relaxes bail condition for Nigerian in jail
The Supreme Court recently stated, in Ejike Jonas Orji vs. Narcotics Control Bureau, that prolonged incarceration of pre-trial detainees violates their fundamental right to liberty and dignity. The court made this observation while relaxing the parole conditions of a Nigerian national accused of drug trafficking. On August 17, a bench of Justices Hrishikesh Roy and […]
The Punjab and Haryana High Court imposes a 10,000 fee on cohabitants seeking protection in the absence of a life-threatening situation.
The Punjab & Haryana High Court recently fined a cohabiting couple 10,000 for filing an application for police protection in the absence of a clear danger to their life or liberty. During an earlier hearing on the petition, Justice Alok Jain clarified that if the State determined that there was no perceived threat to the […]
casual approach of gujarat HC towards rape survivor’s plea to terminate pregnancy criticised by the apex court
The Supreme Court objected to the Gujarat High Court’s handling of a case in which a 26-week expectant rape survivor sought an abortion. [XYZ vs. Gujarat State] A bench of Justices BV Nagarathna and Ujjal Bhuyan observed that a substantial amount of time had been lost due to the High Court’s initial decision to adjourn […]
Importance of ‘Support persons’ emphasized by the Apex Court for POCSO victims; Issues Guidelines.
The Supreme Court issued an order regarding the appointment of support personnel under the POCSO Act and their qualifications. The Court issued directives for the formulation of appointment guidelines. It is important to note that the POCSO Rules, 2020 define a’support person’ as “someone assigned by a child welfare committee to assist a child during […]
The Supreme Court Issues A Guide To Prevent The Use Of Gender Stereotypes In Opinions And Pleadings
The Chief Justice of India, DY Chandrachud, announced this morning that the Supreme Court has compiled a “Handbook on combating Gender Stereotypes” to identify and eliminate the use of words and phrases that are laden with gender stereotypes in court decisions and court language. “This is intended to assist judges and the legal community in […]
Public Interest includes fair and transparent process; not limited to maximising Govt revenue: supreme court
A Division Bench of the Supreme Court, comprised of Justices Hrishikesh Roy and Pankaj Mithal, ruled while hearing a number of appeals, “Public interest need not remain exclusively limited to ensuring maximal revenue accrual for the Government. Instead, the public interest encompasses, but is not limited to, a fair, transparent, and stable procedure that all […]
Marine Insurance | Insurer not liable for any loss if ship is sent to sea in an unworthy state.
The Supreme Court ruled that, in marine insurance, if a ship is sent to sea in an unseaworthy condition, the insurer is not responsible for any losses attributable to unseaworthiness. It also noted that knowledge of a breach of warranty by an insurer does not inherently constitute a waiver unless expressly stated. The Court ruled […]
Bills to replace IPC, CrPC and Indian Evidence Act Introduced in Lok Sabha
Today, in the Lok Sabha, the Central Government introduced three measures to repeal and replace the Indian Penal Code (CrPC) and the Indian Evidence Act. The Union Minister of Home Affairs, Amit Shah, introduced the following bills: The Bharatiya Nayaya Sanhita, 2023 (to consolidate and amend the provisions relating to offences and matters connected thereto […]
When adverse possession of government land is asserted, courts must act with greater caution: Supreme Court
The Supreme Court, relying on the State of Rajasthan v. Harphool Singh (2000) 5 SCC 652, opined that when the disputed land, claimed by adverse possession, pertains to the government, the nature of the Court’s inquiry must be more thorough and effective. When the land subject to proceedings in which adverse possession has been claimed […]
Supreme Court refuses to entertain PIL on use of acronym ‘INDIA’ by Opposition Alliance.
Friday, the Supreme Court denied a petition filed in the public interest to prevent 26 opposition political parties from using the acronym I.N.D.I.A (Indian National Developmental Inclusive Alliance) for their alliance. The bench of Justices Sanjay Kishan Kaul and Sudhan Dhulia determined that the petition was filed for ‘publicity,’ prompting petitioner Rohit Kheriwal to withdraw […]
FIR quashed against the former Gujarat assistant solicitor general and Senior Advocate IH Syed by Supreme Court
The Supreme Court annulled the first information report (FIR) filed against former Assistant Solicitor General (ASG) and Senior Advocate IH Syed for extortion, unlawful confinement, and other offences. [IH Syed v. Gujarat State] A bench of Justices AS Bopanna and Prashant Kumar Mishra also vacated the 2 June 2022 order of the Gujarat High Court […]
Individuals are vested with the right to choose their gender, not courts; Sex and Gender – not the same: Kerala high court
A court in Kerala has recently ordered the conditional attachment of the property of a police Sub-Inspector (SI) who is among those accused of assaulting and tormenting a Kollam-based attorney [C Jayakumar v G Gopakumar & Others]. Sub-Judge Santosh Das ordered the accused SI to provide a 25 lakh bond or to explain why he […]