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]
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#WheresTheDNA: DNA Evidence: Right To Fair Investigation And Trial
Similarly, in a case of rape, where the prosecutrix is unable to identify the accused due to darkness or having been blindfolded etc., collection of DNA evidence would be an imperative. If as and when the suspects are identified, their DNA when matched with the DNA from the crime spot and the victim would establish their presence at the scene of crime. On the other hand, if the DNA does not match, it would be a fit case for removal of suspicion from the head of the suspect. Hence, collection of DNA evidence is equally important from the perspective of the prosecution as well as the accused and it can be said to be in compliance with Article 21. … [Read more...] about #WheresTheDNA: DNA Evidence: Right To Fair Investigation And Trial
Delhi HC Upholds Upper Age Limit For Nursery Admissions In Schools [Read Judgment]
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 Starts Doing What It Preaches; But Much More Needs To Be Done
The decision of the SC to upload resolutions with reasons is the outcome, in all probabilities, of the resignation of Justice Jayant Patel, the judge of Karnataka High Court. The collegium of the SC came in for sharp criticism over the issue of this resignation. Justice Jayant Patel was in the line of seniority to become the chief justice of the Karnataka High Court. But before that, he was transferred by the collegium headed by CJI Justice Deepak Misra to Allahabad High Court, where he would be third in seniority for becoming the chief justice. I suppose, sensing injustice being done to him, Justice Patel resigned. It’s not the first time that collegium system has come in for sharp criticism. Previously also, we have seen how competent judges could not reach SC for one or the other reasons. The case in point is of Justice A P Shah, who retired as the chief justice of the Delhi High Court. He was never recommended by SC collegium for his elevation to the Supreme Court. Justice … [Read more...] about Supreme Court Starts Doing What It Preaches; But Much More Needs To Be Done
#WheresTheDNA: DNA & Indian Legal System: Code Of Criminal Procedure & Indian Evidence Act Must Be Amended
DNA analysis for a criminal investigation uses highly sophisticated scientific equipment – first a DNA molecule from the suspect is disassembled and selected segments are isolated and measured. Then the suspect’s DNA profile is compared with one derived from a sample of physical evidence to see whether the two match. If a conclusive non-match occurs, the suspect may be eliminated from consideration. If a match occurs, a statistical analysis is performed to determine the probability that the sample of physical evidence came from another person with the same DNA profile as the suspect’s. Juries use this statistical result in determining whether a suspect is guilty or innocent. … [Read more...] about #WheresTheDNA: DNA & Indian Legal System: Code Of Criminal Procedure & Indian Evidence Act Must Be Amended