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O P Jindal Global University

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Advocate Sanjeev Sirohi

Abort Pregnancy of disabled girl (Pic by Google).jpg

HC: Right to progeny and termination thereof is a fundamental right under article 21 of Indian Constitution [Read Order]

Address social evil of Sexual Harassment of WomenAddress social evil of Sexual Harassment of Women

While shunning 'moral policing' by ICC, HC holds that ICC can't comment on personal conduct of parties while dealing with sexual harassment at workplace

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Govt. cannot operate like limitation does not apply to it: Sc imposes costs on officers responsible for 462 days delay in SLP

Delhi High Court

HC: Encroachment of public land in the garb of a place for worship ought to be discouraged

Orissa High Court, pic by: Sentinel Assam

HC: Legal obligation in case of detention under NSA must be discharged with great sense of responsibility [Read Order]

Rape Victim's Two Finger Test, pic by: Sputnik News

HC directs Trial Courts to desist from undertaking ‘Two Finger Test’ and to avoid disclosing rape survivors identity [Read Order]

Prison Punishment

HC: Once a prisoner obtains custody parole in a case, he need not obtain permission from every court where he has been convicted or is pending trial [Read Order]

Bombay High Court

Deprecating order of Executive Magistrate, HC held that state needed to fix responsibility [Read Order]

Child Rape

Purpose of rehabilitative sentencing is to reform offender as a law abiding citizen: HC grants bail to 20-year-old boy in POCSO case

Child Rape Survivor

HC: POCSO victims are entitled to receive information about Court proceedings including status of bail of accused [Read Order]

Delhi High Court

HC: No legality or validity can be attached to a fatwa, especially in respect of ownership of immovable property [Read Order]

Opposition wants select committee to take up triple talaq bill

[Triple Talaq] SC: Relatives of husband cannot be accused of offence under Muslim Women (Protection of Rights on Marriage) Act [Read Order]

UAE

HC: International arrest warrant by itself not sufficient to extradite a person to UAE unless there is a written request [Read Order]

Women Undertrial Prioners

HC: Keeping accused in custody as offences alleged to be committed are serious would amount to inflicting pre-trial punishment [Read Order]

Corruption

Absolute devotion, integrity and honesty is a sine qua non for every bank employee: SC upholds dismissal of a bank clerk [Read Order]

Motor Vehicle Act

SC: Advocates cannot throwaway legal rights of parties by entering into arrangements contrary to law [Read Order]

Arbitration agreement

SC: The ground that allegations of fraud are not arbitrable is a wholly archaic view, deserves to be discarded [Read Order]

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HC: Mandatory publication of notice of intended marriage under Special Marriage Act violates right to privacy [Read Order]

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HC: Media Trial During Investigation Interferes With Administration Of Justice; Amounts To Contempt Of Court [Read Order]

Supreme Court

SC: High Court exercising bail jurisdiction cannot pass directions which will have direct bearing upon trial [Read Order]

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SC: Criminal court exercising bail jurisdiction is not expected to act as recovery agent to realize dues of complainant [Read Order]

Interpretation of Statutes

SC: Statutes must be interpreted in a just, reasonable and sensible manner [Read Order]

judgement

SC: Extra- ordinary power of Trial Court u/s 319 Cr.P.C. should be exercised sparingly [Read Order]

Arrest

[Section 41A Cr.P.C.] HC issues slew of directions to ensure compliance of safeguards from arbitrary arrest in 498A cases [Read Order]

Custodial Death

Police liable for his death on account of their negligence: HC directs State to pay Rs. 5 Lakh as compensation to parents of the deceased [Read Order]

Indian Railways

Rail accident claim can’t be denied on account of boarding wrong train mistakenly: HC directs railway to pay 8 Lakh to a victim’s mother [Read Order]

encroachment 621*358

SC: Illegal occupants of Government/ Panchayat Land cannot claim regularization as a matter of right [Read Order]

Human Rights in India

HC: Recommendations of State Human Right Commission are legally enforceable, binding on Government/ Authorities

Vacancies lying vacant

SC: Recruitment of candidates in excess of notified vacancies would be unconstitutional [Read Order]

Social Media Side-Effects

HC issues additional directions to avoid and prevent disclosure of rape victim’s identity even indirectly [Read Order]

HC: Corruption is like a termite or a poisonous snake which has penetrated deeply into our systems [Read Order]

Doctor

SC: Mere absence of doctor's certification would not ipso facto render dying declaration unacceptable

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SC: Consent of family, community or clan not necessary once two adult individuals agree to enter into wedlock [Read Order]

Identification Of Prisoners Acts,1920

Rajasthan Govt. amends ‘Rajasthan Prison Rules’ removing provisions allowing caste/ religion based allocation of labour in jails

Private Security

State is the best judge to assess the threat to an individual: HC denies ‘X’ category security to BJP Minority Morcha head Jamal Siddiqui [Read Order]

Gold Smuggling

HC: Gold smuggling with intent to threaten economic security of country a ‘Terrorist Act’ under UAPA [Read Order]

Fraud_Case

SC: Consent decree would not serve as an estoppel where the compromise was vitiated by fraud, misrepresentation or mistake [Read Order]

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HC: A man marrying woman knowing fully that she isn't legally divorced from her earlier marriage can’t plead invalidity of marriage in section 125 Cr.P.C. proceedings

Jail

Not proper to keep him in Jail forever: SC reduces sentence imposed on dacoity cum murder convict to 22 years imprisonment [Read Order]

order

Pass reasoned Judgment along with operative order: SC criticizes NCDRC practice of passing ‘Reasons to Follow’ orders [Read Order]

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Only senior citizens/ parents entitled to prefer appeal against order of Tribunal under Senior Citizen Act 2007 [Read Order]

Religion

HC: Religious processions should spread positivity/ brotherhood & in no manner should cause any communal disturbance [Read Order]

Evidence, pic by: Teacher Magazine

SC: Non- explanation by accused in section 313 CrPC statement cannot be used as a link to complete chain of circumstances [Read Order]

Hong Kong Arbitration, pic by: South China Morning Post

HC: Commercial matters involving arbitration disputes can only be heard by Commercial Court of status of District Judge/ Addl. District Judge [Read Order]

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SC: Evidence of interested person can be considered if it is corroborated [Read Order]

Cow Slaughtering

HC to Municipal Corporation: Strictly follow directions to ensure that there is no unauthorized & uncontrolled slaughtering of cattle including cows [Read Order]

arrest warrant

HC: Proclaimed offender declaration u/s 82(4) CrPC cannot be made against person accused of sections 406, 420 IPC [Read Order]

Charges

SC: Seriousness of charges is one of the relevant considerations while considering bail applications [Read Order]

Delhi Riots 2020, pic by: Yahoo

HC refuses bail to Shahrukh Pathan in Delhi riots case while holding that video clipping of riots shook its conscience [Read Order]

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HC: Unless self-administered, no vaccination can cure the evil of virus of commercial mindedness of Educational Institutions [Read Order]

Prison Punishment

Chairman of UP Bar Council writes to Allahabad HC’s acting Chief Justice and seeks bail for undertrial convicts

Pakistan Army, pic by: Asia Times

Lahore HC: Pakistan Army is biggest land grabber [Read Order]

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[Acquittal of Senari Massacre Accused] HC: Identification of accused in Court without Test Identification Parade insufficient [Read Order]

Karnataka High Court

HC: Filing common charge-sheet in case of same accused impermissible [Read Order]

Allahabad High Court

HC: Persons under illegal detention shall be paid compensation by State [Read Order]

FIR.jpeg, pic by medium.com

HC: A second FIR based on the very same allegations cannot be registered when the first FIR has been quashed on merits [Read Order]

Criticizing Bar Council decisions amounts to misconduct: BCI amends Rules to improve standards of professional conduct & etiquette for advocates

Filing of petitions and Affidavits in A4 size paper in Court, pic by: दैनिक जागरण

HC: Advocates' clerks cannot file Affidavits on behalf of parties on the original side

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Delhi HC upholds order of interim maintenance to alleged live-in partner of married man under DV Act [Read Order]

Cheque Bounce

Telangana High Court issues practice directions pursuant to Supreme Court order on cheque bounce cases

SC: For invoking section 364A IPC it is important to prove threat to cause death or harm to the victim along with proving kidnapping for ransom [Read Order]

Arms Act,1959

SC: Recovery of weapon used in commission of offence is not a sine qua non for conviction [Read Order]

CCTV at PS

Police nowadays relies on digital information, CCTV footage but shies of divulging details when comes to their own working [Read Order]

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HC: Article 20(3) isn’t violated if Magistrate directs accused to give voice samples during investigation sans consent [Read Order]

DTC Buses

MP HC on ban on Inter-State Bus Transportation: When there is loss of life or human suffering, Centre & State Govt. empowered to put restrictions [Read Order]

Madhya Pradesh High Court

HC: The practice of not answering query regarding maintenance of petition by an advocate is deprecated [Read Order]

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HC: Expected from Trial Court Judges to be patient and tolerant towards lawyers during the examination of witnesses

Forensic Science

HC: Forensic Science Laboratory’s report need not be proved by calling its director as it is a public document u/s 293 Cr.P.C. and hence admissible [Read Order]

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Case of Honey Trap: HC denies anticipatory bail to a woman who allegedly threatened man of filing a false rape case [Read Order]

Domestic Dispute

HC: Domestic Violence Act cannot be used as a ploy by son to claim father’s property on the strength of wife’s right of residence

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Arrest ‘patently illegal’: HC orders release of Ex-Punjab DGP Sumedh Singh Saini from Vigilance Custody [Read Order]

Lawyer

HC imposes Rs. 5 Lakh cost on Lawyer for unauthorized filing of plea on behalf of absconding IPS Officer and for misleading the Court [Read Order]

Karnataka High Court

[Section 167 (2) Cr.P.C.] Default Bail not available for not filing supplementary charge sheet [Read Order]

[Sec. 482 Cr.P.C.] SC: High Courts should not pass oral directions to restrain arrest; such directions irregular [Read Order]

Bombay High Court

[PC Act] Mere recovery of tainted money from accused without proof of demand not sufficient to convict [Read Order]

order

It breaks the back of litigants & kills justice: SC urges courts to get out of ‘adjournment culture’ [Read Order]

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In India, every state action must be fair, failing which it will fall foul of Article 14: SC sets aside direction to shift NH toll plaza [Read Order]

Karnataka High Court

HC: State Govt. order permitting only a Muslim priest to perform rituals at ‘Datta Peeta’ violates right to religion of both Hindus and Muslims [Read Order]

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HC: Individual liberty cannot be misused in a manner that threatens fabric of society by attempting to destabilise it, cause hurt [Read Order]

Death Penalty

Law Commission: Retain death penalty only for terror cases

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How long will mercy petition drama for terrorists continue?

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UP must have at least 10 High Court Benches

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P&H HC upholds eviction order under Senior Citizens Act: Son cannot insist on staying in father’s house saying he has contributed to renovation [Read Order]

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SC: Lok Adalat has no jurisdiction to decide a matter on merits [Read Order]

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HC: Can’t misuse sexually explicit image/ videos even if captured with the consent of women [Read Order]

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Delhi HC: Police filing POCSO cases at behest of minor girl’s family who oppose her romantic relationship a trite and unfortunate practice [Read Order]

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HC: Time to take cognizance of meaningless litigation generated due to lawyers abstaining from work [Read Order]

Narcotic Drugs Dealer

HC: Forensic Report forms the foundation of cases under NDPS Act and in its absence, the prosecution’s case falls to the ground [Read Order]

Cheque

SC: Dishonour of cheque issued as security can also attract offences u/s 138 of NI Act [Read Order]

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Victim best judge of incident: Calcutta HC upholds POCSO conviction and lays down guidelines [Read Order]

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HC annuls a 16-year long marriage while holding that wife's failure to disclose her mental disorder before her marriage constituted fraud on her husband [Read Order]

Education Laws

HC: False declaration about candidate’s educational qualification can be brought under Section 123(4) of the Representation of People Act [Read Order]

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Delhi HC: Malicious falsehood can’t become freedom of speech [Read Order]

ForgeryForgery

[S.195 Cr.P.C.] No FIR can be registered for forgery/conspiracy committed before Court on the basis of private complaint [Read Order]

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