संदेश

जुलाई, 2018 की पोस्ट दिखाई जा रही हैं

Accused Entitled to Compensation if he is Falsely Implicated in Criminal Case-MPHC

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

SC Supports Live Streaming of Court Proceedings

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.

If we can not protect fundamental rights, wind-up the courts - Justice Goel.

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

SC Suggests Allowing Visitors of All Faith to Offer at Jagannath Temple

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

Should Gambling and Betting be Legalized in India?

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

Detail study to maintenance under section 125 code of criminal procedure code

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