Who

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]

The recent initiative of SC would go a long way in addressing this excessive use of discretion in the matters of appointment and transfer. Reasons for selections and rejections will certainly reduce the discretion of the judges in the collegium. But, I am of the considered view that much more needs to be done to make higher judiciary more transparent, accountable and democratic. Balanced role of Supreme Court and executive in the appointment of judges is the way forward. Sooner the better, if this desired way is realized and adopted. … [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