Page 10 - Courts

Pak court dismisses Imran Khan's petitions against anti-corruption agency

A top court here has dismissed the petitions filed by ousted prime minister Imran Khan and his wife Bushra Bibi against the National Accountability Bureau (NAB) call-up notices in the Toshakhana corruption case. A two-member Islamabad High Court bench comprising Chief Justice Aamer Farooq and Justice Babar Sattar on Thursday declared the petitions ineffective, The News International reported.

Indian courts to hear domestic violence cases if offence happens abroad: HC

A court in India can take cognizance of a case of domestic violence even if the alleged offence takes place in a foreign country, the Nagpur bench of the Bombay High Court has held. The court recently rejected a plea by an Indian man who claimed that a magistrate's court in Nagpur can not act on a complaint of domestic violence filed by his estranged wife because the alleged incidents had taken place in Germany. Justice G A Sanap noted in the ruling that the Protection of Women from Domestic Violence Act (DV Act) was a "social beneficial legislation", and it does not matter where the offence has taken place. The copy of the judgement, passed on March 29, became available on Wednesday. "...though the Domestic Violence Act extends only to the whole of India as provided under section 1 of the DV Act, the domestic violence caused on the foreign soil could also be taken cognizance of," the high court said. In the present case, consequence of trauma, suffering and distress carried by th

Death row convicts taking advantage of inordinate delay in mercy petitions

Death row convicts are taking advantage of an inordinate delay in deciding mercy petitions, the Supreme Court has said while directing the state governments and authorities concerned to see such pleas are decided and disposed of at the earliest. A bench of Justices MR Shah and CT Ravikumar said even after the final conclusion by the top court, there is an inordinate delay in not deciding the mercy petition, the object and purpose of the death sentence would be frustrated. "Therefore, as such, all efforts shall be made by the State Government and/or the concerned authorities to see that mercy petitions are decided and disposed of at the earliest, so that even the accused can also know his fate and even justice is also done to the victim," the bench said. The observations came on a petition filed by the Maharashtra government challenging an order of the Bombay High Court which commuted the death sentence awarded to a woman and her sister. The high court commuted the death sentence to

Courts to have liberal view towards Consumer Protection Act provisions: SC

The Supreme Court said on Thursday the Consumer Protection Act, 1986 is a "social benefit-oriented" legislation and courts have to adopt a constructive, liberal approach while construing the provisions of this law. The apex court said the law meets long-felt necessity of protecting the common man from such wrong for which the remedy under ordinary law for various reasons has become "illusory" and the importance of the Act lies in promoting welfare of the society by enabling the consumer to participate directly in the market economy. A bench of Justices Ajay Rastogi and C T Ravikumar made these observations while delivering its judgement on a batch of appeals filed by an insurance firm against the December 2004 verdict of the National Consumer Disputes Redressal Commission (NCDRC) which had held that a person who takes insurance policy to cover the envisaged risk does not take the policy for the commercial purpose. Elaborating on the facts of the case, the top court noted a vehicle

Tech can help reduce case pendency in courts, says Law Minister Rijiju

Law Minister Kiren Rijiju on Saturday highlighted that about five crore cases are pending in courts and said technology can play an important role in not only reducing pendency, but also making the process of delivery of justice easily accessible to people. He also highlighted that after the completion of the third phase of the e-Courts project, the time would not be far when all courts in the country will become totally paperless "It pains me to see about five crore cases still pending for their final disposal. We can use technology as a solution to reduce pendency of cases in our courts," the minister said at the release of the first edition of the Dogri version of the Constitution of India at the University of Jammu. Jammu and Kashmir and Ladakh High Court Chief Justice Kotishwar Singh, senior judges of the high court, Jammu University Vice Chancellor Umesh Rai, Law Secretary Achal Sethi and Jammu Deputy Commissioner Avny Lavasa were among those who attended the function. Regard

Court to hear Sisodia's bail plea in money laundering case on April 5

A court on Saturday adjourned till April 5 the hearing on the bail plea of AAP leader Manish Sisodia, who has been arrested by the ED in a money laundering case linked to alleged irregularities in implementing the now-scrapped excise policy in Delhi. Special Judge MK Nagpal adjourned the hearing after Sisodia's counsel sought more time to prepare a detailed response to ED's submission on the bail plea. Sisodia moved the bail plea on Tuesday and the court sought the Enforcement Directorate's response by March 25. On Wednesday, after seven days of questioning by the ED, the court sent him to 14-day judicial custody. On Friday, the court reserved its order on a separate bail plea moved by Sisodia in the excise policy case lodged by the Central Bureau of Investigation. Special Judge Nagapal said the court will pronounce its order on the bail plea in the CBI case on March 31. The ED arrested the former Delhi deputy chief minister on March 9 at Tihar jail, where he was lodged in connec

Live telecast attaches stricter responsibility on judges: SC to courts

The Supreme Court has said that though virtual hearings and live-telecast of court proceedings introduces transparency in the judicial system, it attaches with a stricter standard of responsibility

Imran asks chief justice to allow him to appear virtually for proceedings

Pakistan's ousted prime minister Imran Khan has requested the country's chief justice to allow him to join court proceedings through a video link in cases lodged against him, claiming he could be killed if he deposes physically. In a letter to Chief Justice of Pakistan Umar Atta Bandial on Monday, the embattled PTI chief also urged him to club the cases registered against him. "A death trap was laid out at the Federal Judicial Complex, Islamabad on Saturday last where I had to attend a hearing in the Toshakhana gifts case. Some 20 namaloom afraad (unknown people) -- a reference to intelligence agencies men -- were present in the complex to kill me," Khan said during an address to the nation on Monday. He also played a video which showed the purported suspects in plainclothes present in the judicial complex carrying plastic handcuffs.

HC to ensure all essentials recorded in format of order in bail matters: SC

The Supreme Court has said high courts should endeavour to ensure that all basic essentials like FIR number, police station concerned and offences allegedly committed are recorded in the format of order in bail matters. The apex court said it has noticed that format of orders by various high courts in bail proceedings "differs significantly". While dealing with a matter of anticipatory bail arising out of an order of the Patna High Court, a bench of justices S R Bhat and Dipankar Datta noted that in many instances, the orders do not contain any description of the proceedings pending before the trial court there and at times, no advertence to the nature of the offence alleged in the FIR. "This court is of the opinion that in bail/anticipatory bail matters, high courts should endeavour to ensure that all basic essentials (i.e. FIR no., date, the concerned police station and the offences allegedly committed etc) are duly recorded or reflected in the format of the order," the bench said

Pak court grants Imran Khan bail in 8 terrorism cases, one civil case

Pakistani court here granted protective bail to the former prime minister on Friday in eight terrorism cases and a civil case after he appeared before the court

Court should separate chaff from grain when evidence is partly reliable: SC

The Supreme Court said on Tuesday a court is required to be circumspect, separate the chaff from the grain and seek further corroboration from reliable testimony, direct or circumstantial, in cases where evidence is partly reliable and partly unreliable. The apex court, which acquitted four people convicted and sentenced to life imprisonment in a murder case of 2006, observed that immediate lodging of FIR provides credence to the prosecution's case when the parties involved are at loggerheads. A bench headed by Justice B R Gavai allowed the appeals filed by the accused challenging the November 2014 judgement of the Chhattisgarh High Court which had dismissed their appeals and confirmed the May 2008 verdict of the trial court convicting them and others in the case. The bench, also comprising Justices Vikram Nath and Sanjay Karol, said in the category of "wholly reliable" witness, there is no difficulty for the prosecution to press for conviction on the basis of testimony of such a .

Kerala govt to set up more courts for speedy disposal of vigilance cases

The Kerala government has decided to increase the number of courts handling vigilance matters for speedy disposal of such cases. The decision was taken in a meeting chaired by Kerala Chief Minister Pinarayi Vijayan for evaluating vigilance activities in the state, a government statement said. Besides deciding to set up more courts, the meeting also came out with a slew of fresh directions for improving the probe in vigilance cases, the statement issued by the Chief Minister's Office (CMO) said. Among the fresh directions, one was with regard to appointment of vigilance officers. It was directed in the meeting that before appointing officers in the internal vigilance cell, an intelligence inquiry has to be conducted and a report of the same be prepared, the statement said. For appointment of police officers to the vigilance department, it was directed that an examination has to be conducted and a list of eligible candidates prepared, it said. The eligible candidates would be train

Not judges but system at fault, taking steps to improve it, says Rijiju

Voicing concern over the rising pendency of cases, Union Law Minister Kiren Rijiju on Saturday said it is "not the fault of the judge but of the system", and the government is taking more steps to address the issue. We are moving towards the kind of system that should be there in the country, he said while highlighting efforts to repeal redundant and obsolete laws, improve the infrastructure of courts and equip them with technology. The minister was speaking at a conference on 'Sustainable Development in India: Evolution and Legal Perspective' organised by the Law Commission of India at Mohanlal Sukhadia University in Udaipur. The minister said the number of pending cases has crossed 4.90 crore. It is not a good thing to have so many cases pending in any country or society. It has several reasons... the condition of judges is also bad. One judge handles 50-60 cases in a single day. They dispose of so many cases but the number which comes daily is double. "The common man asks why

Vivad se Vishwas-II: Govt aims to settle 500 cases involving about Rs 1 trn

The Budget has proposed the Vivad se Vishwas-2 scheme to settle long-pending litigation in cases where an arbitration order has been challenged in any Indian court

Centre seeks to interfere in functioning of courts, alleges Mamata Banerjee

West Bengal Chief Minister Mamata Banerjee objected to the Centre's proposal for the inclusion of govt nominees in the collegium system on appointments to the higher judiciary

Kanjhawala hit-and-drag case: Delhi court grants bail to Ashutosh Bhardwaj

A local court here on Tuesday granted bail to Ashutosh Bhardwaj, an accused in the Kanjhawala hit-and-drag case.

More SC, ST, OBC judges in district, subordinate courts than higher courts

Lower judiciary not well-represented in proportion to the population in some states like Odisha and West Bengal

Portal of filing online appearance slips in SC to be activated from Jan 2

In a bid to facilitate the procedure of marking appearances of advocates, the Supreme Court has developed an online module which will be activated from January 2. Chief Justice of India D Y Chandrachud, had on December 16, announced that from New Year, lawyers would not be required to file appearance slips manually, but would log into 'Advocate Appearance Portal' to mark their presence. Presently, advocates write their names along with details like the case and its serial number on a prescribed paper form, to mark their presence in a hearing to ensure that their names get reflected in the court orders or judgements. A notice, uploaded on the apex court's website, regarding activation of portal of filing online appearance slips said that the Advocates-on-Record (AoR) may mark the appearances of lawyers appearing in the court through the link provided on the top court website and on its official mobile application. "The said facility shall be available for the duration spanning from

6.3 mn cases considered delayed due to non-availability of counsel: CJI

Over 63 lakh cases across the country have been considered to be delayed due to non-availability of counsel and over 14 lakh cases are delayed as they await some kind of document or record, Chief Justice of India DY Chandrachud said on Friday here. Speaking at the inauguration of the Andhra Pradesh Judicial Academy, Justice Chandrachud said people must get rid of the colonial mindset of referring to and treating the district courts as subordinate judiciary in hierarchy and in practice. They are not only the backbone of the judiciary but also the first interaction with the judicial institution for many. Bail, but not jail, is one of the most fundamental rules of the criminal justice system. Yet in practice the number of undertrials languishing in prisons in India reflects a paradoxical situation, deprivation of liberty, even for a single day is a day too many, he further said. "Across the country according to the NJDG (National Judicial Data Grid) data, almost 14 lakh cases have b

Allahabad HC reverses UP government notification on OBC reservation

The Lucknow bench of the Allahabad High Court on Tuesday ordered conduct of urban local body elections in UP without OBC reservation.