RANJIT GIRI

September 11, 2018 Case name: Sri Indranil Mukherjee v. The State of West Bengal & anr. The seminal issue that fell for consideration before the High Court of Calcutta was whether after taking cognizance on charge sheet, Judicial Magistrate can order further investigation under Section 173(8) of the Criminal Procedure Code? In the case, the Petitioner on being aggrieved with the charge-sheet, filed an application for further investigation under Section 173(8) of the Code, however the Magistrate rejected the same and subsequently petitioner has sought for setting aside the order impugned, on the grounds that despite specific allegation against the respondent no. 2 in the FIR, neither the same was considered by the I.O. during investigation nor the Magistrate considered it while taking cognizance on the charge sheet. The High Court of Calcutta in view of the facts and circumstances of the case held that in the larger interest of the justice and for fair trial, it is i

बोकारो। शहर का चर्चित बैंक मैनजर निशांत पंसारी हत्या कांड में बोकारो के अपर जिला एवं सत्र न्यायधीष द्वितीय श्री जर्नादन सिंह कि अदालत ने सेसन ट्रायल-100/16 कि सुनवाई करते हुए बैंक मैनेजर निषांत पंसारी कि हत्या करने के आरोपी राॅची निवासी विकाष जायसवाल को साक्ष्य के आभाव में रिहा कर दिया। आरोपी विकास जायसवाल कि ओर से युवा अधिवक्ता रणजीत गिरि ने बहस की। बैक मैनेजर कि हत्या अज्ञात अपराधियों ने घर लौटते समय दिनांक 22 दिसंबर 2015 को कर दिया था। सूचक मृतक बैंक मैनेजर निषांत पंसारी के भाई गोमिया निवासी प्रषांत श्रीवास्तव के फर्दबयान के आधार पर प्राथमिकी सेक्टर 6 थाना कांड संख्या-24/15 भादवी के धारा 302/120 बी एवं 27 आमर्स एक्ट में दर्ज किया गया था। जिसमें सूचक ने कहा था कि 22 दिसंबर 2015 को निषांत कुमार पंसारी अपने चीरा चास स्थित घर अपने स्वीफट कार से जा रहा था कि अचानक रात्री के 9.40 बजे आषा लता विकलांग स्कुल के सामने पक्की सडक पर दो अज्ञात अपराधकर्मियों द्वारा गोली मार कर कर दिया गया। प्राथमिकी पुलिस ने अज्ञात अपराधकर्मियों पर किया था। सूचक ने अपने भाई कि हत्या में उसके महिला प्रेमीका अं

July 09, 2018 The High Court of Madhya Pradesh in a recent case took strong note of the State’s duty to compensate if any injustice has been meted out to its citizens. The High Court in the case awarded compensation of 1 Lac each to the appellants who were falsely implicated in a criminal case. While pronouncing its order, the High Court of Madhya Pradesh made the following observations: If because of poor investigation and tainted prosecution, the accused suffers and it is apparent that he is innocent then he deserves compensation from the State under Right to Life. Right to Life is a Fundamental Right enshrined under Chapter III of the Constitution of India and Preamble of our Constitution gives priority to secure Justice to citizen at the top of all virtues, therefore, it is incumbent upon the State to take care of its citizens, when a citizen is severely bruised by the organs of the State therefore, appellants deserve compensation because of poor investigation and tainted

July 09, 2018 In a landmark case today, the Supreme Court Bench has recognized live streaming of court proceedings as the need of the hour. The Supreme Court Bench comprising of Chief Justice Dipak Misra, Justice A.M. Khanwilkar and Justice D.Y. Chandrachud while taking the matter preferred live streaming of Court proceedings except in cases involving in camera proceedings, matrimonial and  rape cases. In view of the aforesaid, the Supreme Court has now directed Attorney General to advance its recommendations for guidelines governing such procedure. The Petition for live streaming of constitutional matters was advanced by Senior Counsel Indira Jaising who argued that the right to seek and receive information including live streaming of Supreme Court proceedings is a fundamental right of litigant under Article 21 of the Constitution.

Justice Adarsh Kumar Goel in his farewell speech today made a sharp attack on those criticizing him for the controversial judgment "diluting" the SC/ST (Prevention of Atrocities) Act by banning immediate arrests and keeping open provision for anticipatory bail. He said he was only against arbitrary arrests and protecting the innocent and if this could not be allowed “you may wind up the courts”, he said. He said as per the dissenting opinion in the ADM Jabalpur case which is a law today, there can be no arbitrary arrests. “So even during an emergency there was one judge of this court and he happened to be from Punjab and gave an interpretation that there can be no arbitrary action, nobody is arrested. Now in this context let me tell you about the judgment in SC/ST case and since I am having this opportunity to say something ….normally we do not say anything after we write the judgment but as a free man I am saying something ..supposing the person is falsely accused .. shoul

July 06, 2018 Case name: Mrinalini Padhi v. Union of India Date of Order: July 05, 2018 In the case, the Two-Judge Bench of the Supreme Court was considering the District Judge’s report issued in pursuance of the Court’s order, whereby the District Judge had reported suggestions for the management of Sri Jagganath Temple in Orissa. While considering the suggestions in the Report, the Supreme Court noted that the Temple Management can consider, subject to such regulatory measures with regard to dress code, furnishing of a declaration or such other requirements as considered necessary permitting every visitor irrespective of his faith to offer respects and make offerings to the Deity. The Supreme Court made the aforesaid suggestion in view of its order in the case of Adi Saiva Sivachariyargal Nala Sangam and ors. vs. Government of Tamil Nadu and anr.[1], wherein it was observed that “Religion incorporates the particular belief(s) that a group of people subscribe to. Hindui

The Law Commission of India on July 5th released its 276th Report on Legal Framework: Gambling and Sports Betting Including in Cricket in India. The Report was prepared by the Law Commission in pursuance of Supreme Court’s order in the case of Board of Control for Cricket in India v. Cricket Association of Bihar & ors.[1], wherein the Apex Court had asked the Law Commission to study pos sibility of legalizing betting in India. The Commission in its report has inter alia made the following recommendations: Gambling and Sports Betting shall be properly regulated would ensure transparency in the market, as also strike at the underworld’s control over the illegal and unregulated gambling industry. Additionally, the revenue so generated by regulating and taxing betting and gambling, may become a good source of revenue, which in turn, could be used for public welfare. That legalising betting and gambling is not desirable in India in the present scenario. Therefore, the State a

INTRODUCTION As it is considered to be the sacred, fundamental and natural duty of a Person to look after his wife, children and parents, Section125 to section 128 of the code of criminal procedure (CRPC) gives effect to this natural duty of Man and serve a special purpose to avoid vagrancy. These provisions were Enacted with an object of enabling discarded Wives, helpless and deserted Children and destitute parents to secure the Much –Needed Relief. Moreover, Section 125 is regarded as the means of establishing social justice and to provide protection to Women and Children which falls under the constitutional Mandate of Article 15 (3) of Indian Constitution further reinforced by Article 39 of Indian constitution. So with Changing times more and more people are fighting for their Rights and filing cases under section 125 crpc for their right to Maintenance, hence many difficulties which they face during their fight to acquire maintenance are answered below to make their journey of acq

June 16, 2018 Case name: Sanjay Kumar Sinha vs Asha Kumari This appeal is filed by the husband against the final judgment whereby the High Court dismissed the application filed by the appellant husband In the case, the appellant husband had filed the divorce petition under Section 13 of the Hindu Marriage Act, 1955 against the respondent wife. The respondent had filed application under Section 24 of the Act in the aforesaid Divorce petition and claimed from the appellant (husband) pendente lite monthly maintenance for herself and her daughter. In the case, the respondent (wife) had also filed one application under Section 125 of the Criminal Procedure Code, 1973 seeking maintenance. Thus, two maintenance orders were passed in favour of the respondent and the same was contested by the appellant. In appeal, the Supreme Court made disposed of the appeal and held that the second consequent order upon passing of the maintenance order under Section 24 of the Act by the Family Court,

June 16, 2018 Case name: Senior Citizen Welfare Organization & another v. State of Uttarakhand & Anr. In a recent case, the High Court of Uttarakhand while recognizing the failure of State to maintain adequate old age homes for the senior citizens in the State has issued a slew of mandatory directions. In the case, the Petitioner is a registered Society who have instituted this petition with the object to protect the rights of the senior citizens as per the provisions of the Maintenance and Welfare of the Parents and Senior Citizens Act, 2007 (the Act). The Petitioner in the case alleged that as per Section 19 of the Act old age homes is to be established in each district of the State of Uttarakhand. Section 19 ordains the State Government to establish and maintain such number of old age homes at accessible places at least one in each district to accommodate minimum 150 senior citizens who are indigent. However, the Respondent State has established only two old age ho

June 16, 2018 It has been recently reported that the High Court of Bombay in a case has accepted service of notice through WhatsApp. While accepting the service of notice Justice GS Patel remarked that not only the WhatsApp message but also the attached document in PDF format was opened by the recipient, hence the same was deemed to be duly received. In the case, the High Court was taking up an execution application wherein the recipient Rohit Jadhav was evading the receipt of notice. This is not the first instance that a Court has allowed service of summons through technological means. In May last year, the Delhi High Court in the case  Tata Sons Limited & ors. v. John Doe(s) & ors.  had permitted the Plaintiff to serve summons upon the Defendant by text message or WhatsApp or e-mail and to file affidavit of service.

June 06, 2018 In this recent case, the High Court of Bombay has settled the legal proposition that the death of the main accused does not absolve charges or abates trial against other allied accused in the case. In the case at hand the main accused i.e. Accused No.1 was a Public Servant and was reported to be dead before framing of charge and hence criminal proceeding against him were abated. However, charges were framed against other accused (who were not Public servant) for offences under the Prevention of Corruption Act. It was contended by the prosecution in the case Special Judge also could not frame any charge against other accused in the case who were non­public servant. The High Court of Bombay after relying on precedents and facts of the case directed that the Special Judge shall proceed to frame charges against the accused in the case. While pronouncing its order, the High Court relied on Supreme Court’s recent judgement in the case of  State of Tamil Nadu Vs. Nir

June 06, 2018 It has been reported that a contempt petition has been instituted with the Supreme Court against CBSE (Central Board of Secondary Education) for allegedly violating its order in the case of CBSE & Anr. v. Aditya Bandhpadhyay and Ors.[1], whereby the Apex Court had upheld the right of an examinee to access his evaluated answer-books, by e ither inspecting them or take certified copies thereof and had observed that the examining bodies (Universities, Examination Boards, CBSC etc.) are neither security nor intelligence organisations and therefore the exemption under Section 24 of the RTI Act will not apply to them. The disclosure of information with reference to answer-books does not also involve infringement of any copyright and therefore Section 9 of the Act will not apply. Resultantly, unless the examining bodies are able to demonstrate that the evaluated answer-books fall under any of the categories of exempted `information’ enumerated in clauses (a) to (j) of su

June 06, 2018 In a case  (The State of Maharashtra v. Vijay Ghogre & ors.)  taken up by the Supreme Court yesterday, the Bench has directed that  the Union of India is not debarred from making promotions in accordance with law, subject to further orders, pending further consideration of the matter. The Supreme Court’s direction was made in a case challenging Delhi High Court’s judgment passed in August last year, whereby the Court had struck down  Circular issued by the Department of Personnel and Training (DoPT) in 1997 . The Circular in question states that in furtherance of Constitution Bench judgment in the case of  Indra Sawhney v. Union of India  ( AIR 1993 SC 477 )  and in pursuance of insertion of Article 16(4A) it  has been  decided to continue the reservation in promotion, as at present, for the Scheduled Castes and the Scheduled Tribes in the services/posts under the Central Government beyond 15.11.1997 till such time as the representation of each of the above t

He had forwarded a Facebook post containing derogatory remarks about women journalists and media. The Supreme Court on Friday denied interim protection from arrest to actor-turned-politician S.Ve. Shekher for forwarding a Facebook post containing derogatory remarks about women journalists and media. On May 22, the court provided the BJP leader protection from arrest till June 1. But a Vacation Bench of Justice L. Nageswara Rao and Mohan M. Shantanagoudar on Friday asked Mr. Shekher to appear before the magistrate court and apply for regular bail. Charge sheet filed: T.N. govt. This was after advocate Yogesh Kanna, for Tamil Nadu government, submitted that the State had filed a charge sheet in the case. “If a charge sheet has been filed, it is a norm that the accused appear before the court. Go and appear before the court,” Justice Rao addressed advocate Balaji Srinivasan, appearing for Mr. Shekher. “You are a big man... an actor,” Justice Shantanagoudar remarked at one

June 01, 2018 Case name: Amrit Paul Singh & Anr. v. TATA AIG General Insurance & ors. In this recent case, the Supreme Court denied claim of insurance to the Appellant in Motor Vehicle Accident case on the ground that on the date of accident the driver of the vehicle in question was not holding the permit. Also read  Important Judgments on Compensation in Motor Vehicle Accident Cases In the case, the Appellants being legal representatives of deceased claim insurance from the respondent Insurance Company. Here it would be germane to mention that the deceased met with an accident while driving motor cycle which was hit by an offending truck. The Respondent Insurance Company opposed the claim on the ground that the vehicle in question was driven in violation of the terms of the insurance policy inasmuch as the vehicle on the date of accident did not have the permit. In appeal the Motor Accidents Claim Tribunal (MACT) as well as the High Court held that as the driver

June 01, 2018 In a remarkable case (Jabbar v. State, decided on May 30, 2018) the Delhi High Court to combat recidivism by the Appellant who was guilty of committing sodomy on a 6 year old boy punished the accused appellant for a period of 15 years of rigorous imprisonment. In the case, the appellant appealed against Additional Session Judge’s order whereby the appellant was held liable for offence under Section 6 of the POCSO Act i.e. sodomizing and, thereby, committing aggravated penetrative sexual assault on, a 6-year-old boy. The High Court after hearing the facts and circumstances in the case and in view of evidence on record dismissed the appeal and made the following key observation with reference to the POCSO Act in the case: That the POCSO Act applies to every person below 18 years of age. It also referred to Supreme Court’s recent observation in the case of Alakh Alok Srivsatava vs Union of India[1] to hold that the POCSO Act is a gender neutral legislation

May 31, 2018 It has been reported that in first of its kind move, the Ministry of External Affairs (MEA) has decided to revoke passports of 5 NRIs against whom Look-out-Circular had been issued. NRI Matrimonial Disputes: Government to Issue LOC against Husbands Evading Arrest In an official statement issued by the Ministry of Women and Child Development (MWCD) in April this year, the Ministry had been apprised that in view of augmented incidents of NRI matrimonial disputes, the Government would issue Look-out Circulars (LoCs). The Ministry stated that it has been decided that 5 cases pertaining to the NRI Matrimonial Dispute have been found fit for issuance of Look-out-Circular (LOC) & MWCD will issue those 5 LoCs. LOC for evading arrest-  In criminal matter involving NRI’s, LOC could be issued by the investigating agency in cognizable offences, when the overseas husband is deliberately evading arrest or not appearing in the trial court despite Non Bailable Warrants

May 31, 2018 Case name: Monika Sharma v. Manish Kumar In a recent case, the High Court of Himachal Pradesh transferred divorce petition pending adjudication to place favourable to the Petitioner i.e. wife in view of the Apex Court’s holding that in matrimonial proceedings, it is the wife’s convenience which must be looked into. In the case, the Petitioner wife prayed that the proceedings, against her under  Section 13 (1) (1-a) (1-b) of the Hindu Marriage Act, 1955  which are pending adjudication at District Una in Himachal Pradesh be transferred to District Kangra, taking into consideration the fact that petitioner serving as Assistant Professor (Economics) at Government College at Kangar, and that she has a minor school going daughter, who is residing with her. The High Court of Himachal Pradesh made an order in favour of the wife and referred to Supreme Court’s order in the case of  Sumita Singh v. Kumar Sanjay and Anr. [1] ,  wherein it was held that in matrimonial pro