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President of India has appointed Justice Antony Dominic, senior-most Judge of Kerala High Court, as the Acting Chief Justice of Kerala High Court with effect from 6th  November, 2017 consequent upon the retirement of present Chief Justice Justice Navaniti Prasad Singh. … [Read more...] about Justice Antony Dominic Appointed As Acting Chief Justice Of Kerala HC [Read Notification]

“………An accused is entitled to a fair investigation. Fair investigation and fair trial are concomitant to preservation of fundamental right of an accused under Article 21 of the Constitution of India. But the State has a larger obligation i.e. to maintain law and order, public order and preservation of peace and harmony in the society. A victim of a crime, thus, is equally entitled to a fair investigation…….” … [Read more...] about #WheresTheDNA: DNA Evidence: Right To Fair Investigation And Trial

During a recent hearing, the Court took note of an earlier order passed in April this year, wherein it had directed that the prescription be placed in public domain and be widely publicized. It further noted that the impugned notification had been premised on the report of an expert body, in order to ensure that the children attend age-appropriate classes. … [Read more...] about Delhi HC Upholds Upper Age Limit For Nursery Admissions In Schools [Read Judgment]

Supreme Court of India’s initiative for disclosing the reasons for the elevation, transfer and confirmation of judges in the higher judiciary is commendable, a step in the right direction but still a lot needs to be done to make the process more transparent. The ‘October 3, 2017 resolution of the collegium’ which opens a window for transparency reads as “The decisions henceforth taken by the collegium indicating reasons shall be put on the website of the Supreme Court, when recommendation(s) is/are sent to Government, with regard to cases relating to initial elevation to High Court Bench, confirmation as permanent Judge(s) of High Court, elevation to the post of Chief Justice of High Court, transfer of High Court Chief Justices/Judges and elevation to Supreme Court, because on each occasion the material which is considered by the Collegium is different.” It further provides that “The resolution is passed to ensure transparency and yet maintain … [Read more...] about Supreme Court Starts Doing What It Preaches; But Much More Needs To Be Done

There are certain provisions which are present in the Indian Evidence Act, 1872, such as Section 112, which determine child’s parentage and states that a child born in a valid marriage between a mother and a man within 280 days of the dissolution of the marriage, and the mother remaining unmarried shows that the child belongs to the man, unless proved otherwise but again no specific provision which would cover modern scientific techniques. DNA analysis is of utmost importance in determining the paternity of a child in the cases of civil disputes. Need of this evidence is most significant in the criminal cases, civil cases, and in the maintenance proceeding in the criminal courts under Section 125 of the CrPC. But it has been held by the Supreme Court on several occasions that right to life and personal liberty is not an absolute right. In Govind Singh vs State of Madhya Pradesh, the Supreme Court held that a fundamental right must be subject to restriction on the basis of … [Read more...] about #WheresTheDNA: DNA & Indian Legal System: Code Of Criminal Procedure & Indian Evidence Act Must Be Amended