Will

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]

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

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

The admissibility of the DNA evidence before the court always depends on its accurate and proper collection, preservation and documentation which can satisfy the court that the evidence which has been put in front it is reliable. There is no specific legislation which is present in India that can provide specific guidelines to the investigating agencies and the court, and the procedure to be adopted in the cases involving DNA as its evidence. Moreover, some provisions allow examination of person accused of rape by medical practitioner and the medical examination of the rape victim respectively. But the admissibility of these evidences has remained in a state of doubt as the opinion of the Supreme Court and high courts in various decisions remained conflicting. Judges do not deny the scientific accuracy and conclusiveness of DNA testing, but in some cases, they do not admit this evidence on the ground of legal or constitutional prohibition and, sometimes, the public policy. … [Read more...] about #WheresTheDNA: DNA & Indian Legal System: Code Of Criminal Procedure & Indian Evidence Act Must Be Amended