In a landmark Judgment [State of Bihar & Ors. Vs. Rajmangal Ram ] the Supreme Court yesterday re-iterated that the high Courts have no power to interdict a criminal proceeding midcourse on the basis of the legitimacy or otherwise of the order of sanction to prosecute. The Supreme Court was considering two appeals by the State of Bihar against separate orders passed by the High Court of Patna, the effect of which is that the criminal proceedings instituted against the respondents under different provisions of the Indian Penal Code as well as the Prevention of Corruption Act, 1988 have been interdicted on the ground that sanction for prosecution of the respondents in both the cases has been granted by the Law Department of the State and not by the parent department to which the respondents belong. The Supreme Court order was based on the bar contained under S.19(3)(b) of the Prevention of Corruption Act, 1988 . It is to be noted that Section 19(3)(c) of the Prevention of … [Read more...] about How to bye-pass a Statutory Prohibition and a Supreme Court Veto; An illustrative Case
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India’s Factory Fire Illustrates a Culture of Lax Safety Standards [VIDEO]
Some have called India’s hundreds of clothing and textile factories “death traps.” And many would find it hard to argue otherwise, taking into account the country’s spate of factory fires in recent months. In September, 289 people perished during a fire in a Pakistani textile factory complex. As is the case in many of these tragedies, workers were trapped behind locked doors and windows were barred. That same month, a fire at an India fireworks factory killed 34. So what’s the deal with India’s factories? As Business Insider states:Several factors combine to make death traps of factories across south Asia. In many instances, exits have been padlocked, basements used as store rooms for highly flammable raw materials and no fire escapes installed, while smoke alarms or sprinkler systems are unheard of.Adding to that is the fact that fire services in south Asia are not properly or comprehensively trained and … [Read more...] about India’s Factory Fire Illustrates a Culture of Lax Safety Standards [VIDEO]
Stipulating Dress Code for Advocates cannot be termed as either Arbitrary or Unreasonable: Kerala HC [Read Judgment]
“The dress worn by the Advocate clearly induces the seriousness of purpose and a sense of decorum which are highly necessary and conducive for the dispensation of justice”- Justice A.M. ShaffiqueThe High Court of Kerala has dismissed a writ petition challenging the present dress code of advocates prescribed by the Bar Council of India under Section 49 of the Advocates Act holding that the right to practise as an Advocate being a statutory as well as a fundamental right, reasonable restrictions can be imposed thereon. Justice AM. Shaffique of the Kerala High Court held : “Providing a dress code for those practising in various Courts can only be termed as a reasonable restriction and cannot be termed as either arbitrary or unreasonable.”The petitioner, a practising lawyer, had challenged the dress code prescribed by the Bar Council of India on the ground that it caused severe hardship and inconvenience to lawyers in Kerala on account of profusely sweating … [Read more...] about Stipulating Dress Code for Advocates cannot be termed as either Arbitrary or Unreasonable: Kerala HC [Read Judgment]
Pak SC upholds setting up of military courts to try civilians; says vires of constitutional amendment can be examined
A 17 judge bench of the Supreme Court of Pakistan (SC) on Wednesday by majority of 11 against 6 upheld the 21st amendment to the Constitution of Pakistan providing for the establishment of military courts in Pakistan. The Court by a comprehensive majority of 14 against 3 also dismissed petitions challenging the 18th amendment to the Constitution. The 17-judge bench was presided over by the Chief Justice of Pakistan Nasirul Mulk.Pakistan’s Parliament had passed the 21st Amendment extending the jurisdiction of the Military Courts to try certain class of civilians after Taliban gunmen massacred 134 children at the Army Public School in Peshawar, last year.Parliament’s move to create special courts had sparked concern amongst human rights activists and in April a group of lawyers had approached Pakistan’s Supreme Court challenging the said 21st constitutional amendment.The 18th Amendment to the Constitution provided for the establishment of a judicial commission and … [Read more...] about Pak SC upholds setting up of military courts to try civilians; says vires of constitutional amendment can be examined
To redefine the maxim “Pater est quem nuptiae demonstrant”
The meaning of the above maxim is that the father is he who is married to the mother. The above maxim is well accepted in India through section 112 of the Indian Evidence Act, 1882 (the Act). The section 112 of the Act says as follows:-“112. Birth during marriage, conclusive proof of legitimacy.-The fact that any person was born during the continuance of a valid marriage between his mother and any man, or within two hundred and eighty days after its dissolution, the mother remaining unmarried, shall be conclusive proof that he is the legitimate son of that man, unless it can be shown that the parties to the marriage had no access to each other at any time when he could have been begotten.”As per this section, it is abundantly made clear that the child born, either during the existence of a valid marriage between the mother of that child and her husband or born within two hundred and eighty days of the dissolution of such marriage when the mother remains to be unmarried, is … [Read more...] about To redefine the maxim “Pater est quem nuptiae demonstrant”