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]

In Babu Bhai vs State of Gujarat (2010), the Supreme Court stated as follows: “………Not only fair trial but fair investigation is also part of constitutional rights guaranteed under Articles 20 and 21 of the Constitution of India. Therefore, investigation must be fair, transparent and judicious as it is the minimum requirement of rule of law. The investigating agency cannot be permitted to conduct an investigation in a tainted and biased manner. Where non-interference of the court would ultimately result in failure of justice, the court must interfere. In such a situation, it may be in the interest of justice that independent agency chosen by the High Court makes a fresh 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

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