बार काउंसिल ऑफ इंडिया (बीसीआई) ने वरिष्ठ अधिवक्ताओं, कानूनी फर्मों और स्वतंत्र वकीलों की सहायता करने वाले कनिष्ठ अधिवक्ताओं के लिए न्यूनतम वजीफा की सिफारिश करते हुए नए दिशानिर्देश जारी किए हैं।यह कदम दिल्ली उच्च न्यायालय के 29 जुलाई के निर्देशों के बाद उठाया गया है, जिसके बाद अधिवक्ता सिमरन कुमारी ने जूनियर वकीलों के सामने आने वाली वित्तीय चुनौतियों के बारे में एक अभ्यावेदन दिया था। मद्रास उच्च न्यायालय ने पहले भी राज्य के सभी जूनियर वकीलों को ₹15,000 से ₹20,000 के बीच न्यूनतम मासिक वजीफा देने का आह्वान किया था।इसी तर्ज पर, शहरी क्षेत्रों में जूनियर वकीलों के लिए, बीसीआई ने न्यूनतम ₹20,000 प्रति माह वजीफा देने की सिफारिश की है। ग्रामीण क्षेत्रों में, अनुशंसित राशि ₹15,000 प्रति माह है, जो जूनियर अधिवक्ता की नियुक्ति की तारीख से तीन साल की न्यूनतम अवधि के लिए प्रदान की जाएगी। हालांकि, न्यूनतम वजीफा अनिवार्य नहीं है। सभी राज्य बार काउंसिल और बार एसोसिएशन को संबोधित एक परिपत्र में, बीसीआई ने स्वीकार किया कि जूनियर अधिवक्ताओं को अक्सर अपने करियर के शुरुआती चरणों में महत्वपूर्ण वित्तीय कठिनाइयों का सामना करना पड़ता है। इसने यह भी उल्लेख किया कि छोटे शहरों या कम आकर्षक क्षेत्रों में वरिष्ठ अधिवक्ताओं और फर्मों के पास पर्याप्त वजीफा प्रदान करने के लिए वित्तीय संसाधन नहीं हो सकते हैं। इसलिए, जबकि दिशा-निर्देशों को प्रोत्साहित किया जाता है, उन्हें पूरे पेशे में अनिवार्य रूप से लागू नहीं किया जाता है। बीसीआई ने इस बात पर जोर दिया है कि वरिष्ठ अधिवक्ताओं और कानूनी फर्मों को न केवल वित्तीय सहायता पर ध्यान केंद्रित करना चाहिए, बल्कि जूनियर अधिवक्ताओं को मार्गदर्शन भी प्रदान करना चाहिए। इसमें कोर्टरूम अवलोकन, कानूनी शोध, प्रारूपण और केस रणनीति पर मार्गदर्शन के अवसर प्रदान करना शामिल है। दिशानिर्देश वरिष्ठ अधिवक्ताओं और फर्मों को वजीफा राशि, अवधि और मार्गदर्शन के अवसरों को निर्दिष्ट करने वाले पत्रों के साथ जूनियर अधिवक्ताओं की नियुक्ति को औपचारिक बनाने के लिए प्रोत्साहित करते हैं। वजीफा भुगतान और नियुक्ति शर्तों का सटीक रिकॉर्ड बनाए रखा जाना चाहिए और वार्षिक रिपोर्ट में संबंधित राज्य बार काउंसिल को प्रस्तुत किया जाना चाहिए। जूनियर अधिवक्ता जिन्हें अनुशंसित वजीफा नहीं मिलता है या नियुक्ति से संबंधित शिकायतों का सामना करना पड़ता है, वे अपने संबंधित राज्य बार काउंसिल में शिकायत दर्ज करा सकते हैं। हालांकि, बीसीआई ने कहा कि वास्तविक वित्तीय बाधाओं पर आधारित शिकायतों को लचीले ढंग से निपटाया जाएगा, कुछ वरिष्ठ चिकित्सकों द्वारा सामना की जाने वाली सीमाओं को स्वीकार करते हुए। इसके अलावा, परिपत्र में उल्लेख किया गया है कि बीसीआई इन दिशानिर्देशों के कार्यान्वयन की समय-समय पर समीक्षा करने के लिए एक समिति का गठन करेगी, जो फीडबैक और मौजूदा आर्थिक स्थितियों के आधार पर वजीफा राशि को समायोजित करेगी।

World Teachers Day 2024: Why is World Teachers Day celebrated, what is the theme World Teachers Day 2024: World Teachers Day is being celebrated all over the world today. While Teachers' Day is celebrated on 5 September every year in India, World Teachers' Day is celebrated on 5 October every year globally. Its purpose is to salute the contribution of teachers around the world, their dedication, conscientiousness, encourage them and raise awareness about their rights. Apart from this, its objective is also to promote international solidarity and emphasize the importance of quality education globally. World Teachers' Day (International Teachers' Day) is organized jointly by UNICEF, International Labor Organization and Education International . Its celebration started in 1994. What is the history On October 5, 1966, a conference was held in Paris in which the 'Teaching in Freedom' treaty was signed. In this treaty, many recommendations were made to raise the level of rights, responsibilities, recruitment, employment, learning and teaching of teachers. In the year 1994, UNESCO's recommendation was passed with the support of 100 countries to celebrate World Teachers' Day internationally in the United Nations. After this, International Teachers' Day started being celebrated from 5 October 1994. What is the theme (World Teachers Day 2024 Theme): Theme of World Teachers Day 2024 Every year the theme of World Teachers' Day is decided by UNESCO. This time the theme is - "Valuing the voice of teachers: Towards a new social engagement for education". This theme highlights the importance of involving teachers in making educational policies. Happy World Teachers' Day to all teachers

क्यों मनाया जाता है कि विश्व शिक्षक दिवस, क्या है थीम. World Teachers Day 2024 : आज दुनिया भर में विश्व शिक्षक दिवस मनाया जा रहा है। भारत में जहां हर साल 5 सितंबर को शिक्षक दिवस मनाया जाता है, वैश्विक स्तर पर हर वर्ष 5 अक्टूबर को विश्व शिक्षक दिवस मनाया जाता है। इसका मकसद विश्व भर के शिक्षकों के योगदान, उनके समर्पण भाव, कर्तव्यनिष्ठा को सलाम करना, उन्हें प्रोत्साहित करना एवं उनके अधिकारों के प्रति जागरुकता बढ़ाना है। इसके अलावा इसका उद्देश्य अंतर्राष्ट्रीय एकजुटता को बढ़ावा देना और वैश्विक स्तर पर गुणवत्तापूर्ण शिक्षा के महत्व पर जोर देना भी है। विश्व शिक्षक दिवस (अंतर्राष्ट्रीय शिक्षक दिवस) का आयोजन यूनिसेफ, अंतर्राष्ट्रीय श्रम संगठन और एजुकेशन इंटरनेशनल (ईआई) मिलकर करते हैं। इसे मनाए जाने की शुरुआत 1994 से हुई थी। क्या है इतिहास 5 अक्टूबर, 1966 को पेरिस में एक सम्मेलन का आयोजन हुआ था जिसमें 'टीचिंग इन फ्रीडम' संधि पर हस्ताक्षर किए गए थे। इस संधि में शिक्षकों के अधिकार, जिम्मेदारी, भर्ती, रोजगार, सीखने- सिखाने के स्तर को ऊपर उठने के लिए कई सिफारिशें की गई थीं। संयुक्त राष्ट्र में विश्व शिक्षक दिवस को अंतरराष्ट्रीय स्तर पर मनाने के लिए साल 1994 में 100 देशों के समर्थन से यूनेस्को की सिफारिश को पारित कर दिया गया। इसके बाद 5 अक्टूबर 1994 से अंतरराष्ट्रीय शिक्षक दिवस मनाया जाने लगा। क्या है थीम ( World Teachers Day 2024 Theme ):विश्व शिक्षक दिवस 2024 की थीम हर वर्ष यूनेस्को की ओर से विश्व शिक्षक दिवस की थीम तय की जाती है। इस बार की थीम है - "शिक्षकों की आवाज को महत्व देना: शिक्षा के लिए एक नए सामाजिक जुड़ाव की ओर'। यह थीम शैक्षिक नीतियां बनाने में शिक्षकों को शामिल करने के महत्व पर रोशनी डालती है। सभी शिक्षकों को विश्व शिक्षक दिवस की हार्दिक शुभकामनाएं

Non-violence is the greatest religion. Be the change you wish to see in the world. The greatness of humanity lies not in how powerful it is, but in how humane it is. Until you actually lose someone, you do not understand their value. To answer cruelty with cruelty is to accept your own moral and intellectual degradation. Love is the greatest weapon in the world. An eye for an eye will make the whole world blind. The greatness of a nation and its moral progress can be judged by the way its people are treated." The United Nations General Assembly resolution of 15 June 2007 declared 2 October (Gandhi Jayanti) as the International Day of Non-Violence because of the universal appeal and relevance of non-violence, aiming to support "a culture of peace, tolerance, understanding and non-violence". Tributes to Mahatma Gandhi, the father of the nation, a symbol of truth, non-violence and peace, on his birth anniversary

October 18, 2023 10:30 AM Bar Council of India has announced the revised schedule for AIBE XVIII examination in 2023. The exam will now be held on November 26, 2023. Additionally, the registration deadline for the exam has been extended. Candidates can now submit their application forms till November 4, 2023. Earlier the last date for registration was fixed as 9 October 2023. Those planning to sit the AIBE 18 exam should take note of the new schedule. The last date to submit AIBE XVIII application form for 2023 is now November 4, 2023. The application form can be found on the official website 👉 https://www.allindiabarexamination.com/(https://www.allindiabarexamination.com/) AIBE XVIII examination will be conducted in pen-and-paper mode across 50 examination centers in 50 cities across the country. Candidates will have the option to choose from three different examination centres. The question paper of AIBE 18 will consist of 100 multiple choice questions. The purpose of the examination is to provide Certificate of Practice (COP) to law graduates to practice law. To be eligible for AIBE XVIII examination in 2024, candidates must fulfill certain criteria. It includes a bachelor's degree in law (3-year LLB or 5-year LLB) from a university recognized by the Bar Council of India. There is no age limit to take the AIBE examination, and law graduates must have a valid enrollment certificate. They are required to pass the AIBE examination within two years of enrollment in any State Bar Council. As part of the registration process for AIBE XVIII, candidates will have to fill various details on their application form. This includes personal details, educational qualifications, State Bar Council nomination details and preferred testing cities and languages.

बार काउंसिल ऑफ इंडिया ने 5 फरवरी को राजकोट में AIBE-XVII के लिए उपस्थित होने वाले कुछ उम्मीदवारों को गुमराह करने और धोखा देने में शामिल होने का आरोप लगाते हुए मीडिया रिपोर्टों की जांच करने के लिए एक फैक्ट फाइंडिंग कमेटी का गठन किया है।बीसीआई की प्रेस रिलीज़ में कहा गया है-“बार काउंसिल ऑफ इंडिया की जनरल काउंसिल ने दिनांक 06.02.2023 के एक संकल्प के आधार पर संचलन के माध्यम से गुजरात क्षेत्रीय समाचार पत्रों में दिनांक 06.02.2023 में 5 फरवरी, 2023 को राजकोट (गुजरात) में एआईबीई-XVII में उपस्थित होने वाले कुछ उम्मीदवारों (अधिवक्ताओं) को गुमराह करने और धोखा देने में एडवोकेट श्री जिग्नेश जोशी सहित कुछ लोगों के खिलाफ भागीदारी के संबंध में समाचार पत्रों की रिपोर्ट से संबंधित सच्चाई का पता लगाने के लिए एक तथ्य खोज समिति का गठन किया है।मीडिया में रिपोर्ट किए गए उत्तरों की केवल तुलना और जांच से (अधिवक्ता श्री जिग्नेश जोशी द्वारा कथित रूप से परीक्षार्थियों को आपूर्ति की गई), उत्तर पुस्तिका के लीक होने या अनुचित साधनों के उपयोग का तथ्य असत्य प्रतीत होता है।हालाँकि, प्रथम दृष्टया यह स्थापित किया गया है कि अधिवक्ता श्री जिग्नेश जोशी ने अपने साथियों के साथ कुछ उपस्थित युवा अधिवक्ताओं को मोबाइल के माध्यम से उनके व्हाट्सएप ग्रुप पर जवाब देने के झूठे बहाने से गुमराह करने की कोशिश की थी।यह एडवोकेट श्री जिग्नेश जोशी द्वारा बार एसोसिएशन के चुनावों में उनके वोट हासिल करने के प्रयास में अपने स्वार्थ की पूर्ति के लिए किया गया था। इससे पता चलता है कि उम्मीदवारों को दिए गए 28 उत्तरों में से 21 उत्तर गलत हैं। इस प्रकार अधिवक्ता श्री जिग्नेश जोशी ने अभ्यर्थियों को गुमराह करने तथा नकल करने के लिए लुभाने का प्रयास किया है।हालाँकि, परीक्षा हॉल में कुछ अधिवक्ताओं द्वारा इस उद्देश्य के लिए मोबाइल का उपयोग करना एक बहुत ही गंभीर मामला है। एआईबीई के दौरान मोबाइल के उपयोग की अनुमति नहीं है।सीसीटीवी की जांच के लिए फैक्ट फाइंडिंग कमेटी का गठन किया गया है। फुटेज से पता चल सके कि इस दुष्कर्म में कौन लोग संलिप्त हैं।यदि किसी प्रकार के अनुचित साधनों के प्रयोग का तथ्य सिद्ध होता है तो बार काउंसिल ऑफ इंडिया द्वारा दोषी व्यक्तियों के विरूद्ध उचित अनुशासनात्मक एवं अन्य कानूनी कार्रवाई की जायेगी।तीन सदस्यीय समिति की अध्यक्षता माननीय श्री न्यायमूर्ति जे. उपाध्याय, गुजरात उच्च न्यायालय के पूर्व न्यायाधीश, माननीय श्री जयंत डी. जयभावे, सदस्य, बार काउंसिल ऑफ इंडिया और प्रो. (डॉ.) एस शांताकुमार करेंगे। , निदेशक, गुजरात राष्ट्रीय विधि विश्वविद्यालय, गुजरात सदस्य होंगे।समिति से अनुरोध है कि सूचना प्राप्त होने की तारीख से 7 दिनों के भीतर माननीय अध्यक्ष, बार काउंसिल ऑफ इंडिया को अपनी रिपोर्ट प्रस्तुत करें।

सुप्रीम कोर्ट ने माना है कि केवल एक मजिस्ट्रेट या उच्च न्यायालय के पास किसी मामले की आगे की जांच का आदेश देने की शक्ति है न कि किसी जांच एजेंसी के पास। जस्टिस कृष्ण मुरारी और जस्टिस संजय करोल की पीठ ने दोहराया कि समकालीन एक्सपोसिटो का सिद्धांत, जो कि उन मामलों की व्याख्या है जिन्हें लंबे समय से समझा और लागू किया गया है, कानून की इस व्याख्या का समर्थन करता है। विचाराधीन मामले में भारतीय दंड संहिता की धारा 420 के तहत आरोपित एक अभियुक्त शामिल है। अपीलकर्ता ने दावा किया कि उचित प्रक्रिया के उल्लंघन में आगे की जांच का आदेश दिया गया था, और उच्च न्यायालय ने कार्यवाही को रद्द नहीं कर गलती की थी।राज्य ने तर्क दिया कि जिला पुलिस प्रमुख के आदेश के अनुसार ही आगे की जांच की गई थी। अदालत ने आगे की जांच के बीच अंतर किया, जो ताजा सामग्री की खोज के आधार पर पिछली जांच की निरंतरता है, और ताजा जांच, जो केवल अदालत द्वारा आदेश दिए जाने पर ही हो सकती है। अदालत ने कहा कि मजिस्ट्रेट ने आगे की जांच की अनुमति नहीं दी थी और दूसरी अंतिम रिपोर्ट बिना आधार के थी।इसके अलावा, यह दिखाने के लिए रिकॉर्ड पर कोई सामग्री नहीं रखी गई थी कि अपीलकर्ता का प्रतिनिधित्व झूठा था या वित्तीय लेनदेन का कोई सबूत था। नतीजतन, अदालत ने उच्च न्यायालय के आदेश को रद्द कर दिया और अपीलकर्ता के खिलाफ आपराधिक कार्यवाही को और रद्द कर दिया।

Supreme Court The Supreme Court observed that an FIR under Section 306 IPC (abetment of suicide) cannot be quashed under Section 482 CrPC on the basis of settlement. High Courts Cannot Quash Abetment to Suicide Case Based on Compromise With the Deceased’s Relatives. The Supreme Court ruled on Friday that criminal proceedings in serious crimes such as abetting suicide cannot be quashed by High Courts based solely on a financial settlement between the accused and the deceased person A Bench of Justices Indira Banerjee and V Ramasubramanian reasoned that offences such as attempted murder and aiding and abetting suicide are crimes against society as a whole, not just an individual. “An FIR under Section 306 of the IPC (suicide attempt) cannot even be quashed on the basis of any financial settlement with the informant, surviving spouse, parents, children, guardians, caregivers, or anyone else,” the Court ruled. The appellant in this case was the wife of a deceased suicide victim. The accused allegedly defrauded the husband of a large sum of money, leaving the deceased in financial distress. The Gujarat High Court had quashed the first information report against the accused, citing a settlement between the accused and the deceased’s purported cousin, who was also the original complainant. Furthermore, the wife’s request for a recall of that order for not being heard while quashing the FIR was denied, giving rise to the current appeal before the Supreme Court. The Supreme Court noted that the High Court had not stated whether it had jurisdiction to dismiss a criminal complaint in a suicide case, which was also a non-compoundable offence, based on settlement between the parties. The Bench emphasised that in criminal law, a complainant’s position is that of an informant who is entitled to a hearing, not one who can withdraw a complaint against a serious offender. The Court also stated that hearing a cousin of the deceased does not waive the requirement to hear the deceased’s wife. “The wife of the deceased would have a greater interest than cousins and employees in prosecuting accused persons charged with abetting her husband’s suicide,” the Court stated. The Supreme Court reasoned that the crime of aiding suicide is one of crimes against society, and a complaint in this regard cannot be dismissed based on compromises. “Heinous or serious crimes that are not private in nature and have a significant impact on society cannot be averted through a compromise between the offender and the complainant and/or the victim. Murder, rape, burglary, dacoity, and even aiding and abetting suicide are not private or civil offences. Such offences are against society.” In this regard, the court relied on its decision in Laxmi Narayan, in which the offence of attempted murder was not quashed. The Bench explained how the High Court’s order could set a dangerous precedent by allowing complaints to be filed for oblique reasons in order to extract money from the accused. “Furthermore, financially strong offenders would go free, even in cases of grave and serious offences such as murder, rape, bride burning, and so on,” the Court added. As a result, it granted the appeal and held that the criminal proceedings could not have been stopped by the High Court.

Delay in AIBE 17 (XVII) 2023 Result Issue Reaches Supreme Court- Lawyer Files Plea Says Right to Livelihood is in Jeopardy A lawyer has filed a petition with the Supreme Court requesting the Bar Council of India (BCI) to announce the results of the 17th All India Bar Examination (AIBE), which took place in February 2021. The petitioner argues that failure to announce the AIBE results is jeopardizing her legal right to practice as an advocate, which will affect her source of income.  According to the Petitioner, life can be miserable without a livelihood, and article 21 of the Indian Constitution guarantees the right to life as a fundamental right, including the right to livelihood.  The AIBE is a mandatory examination for lawyers to enroll with a State Bar Council and engage in the practice of law. The delay in declaring the AIBE results is unreasonably abusing the BCI’s powers, and the petitioner has asked the Court to instruct the BCI to announce the results as soon as possible.

The husband said that he has become a monk, yet the Supreme Court refused to accept the petition for divorce? know why Recently, the Supreme Court overturned the divorce of husband and wife who have been living separately for 18 years. On the request of the husband, the High Court granted the divorce. However, the wife refused to get a divorce. She appealed to the Supreme Court, which overturned the divorce decision. The husband had argued for divorce, claiming that he had become a hermit and was no longer involved in household life. According to the Supreme Court, sometimes it becomes more important for a woman to get married. She can live her life with the help of her vermilion even if she is separated from her husband. A bench of Justices UU Lalit and S Ravindra Bhatt also observed that it may be impossible for a couple now living separately for 18 years to reconcile. However, because of the way society treats women and because it is important for the woman herself that she remains married, the couple's divorce is annulled. The woman's husband is a resident of Bhind in Madhya Pradesh. The husband had earlier filed for divorce in the family court. It was claimed that his wife had left him and was living separately from him. The wife was opposing the divorce. In 2008, the family court rejected the divorce application. After that the husband went to the Madhya Pradesh High Court. He filed a petition in the Gwalior Bench for divorce. The High Court had approved the divorce in 2014. Also ordered the husband to give Rs 5 lakh to the wife. The wife appealed against this decision in the Supreme Court. The Supreme Court asked the High Court to reconsider its decision in 2017, but the High Court granted divorce for the second time. Thereafter, the Supreme Court heard the matter. The husband's argument for divorce was given on his behalf in the court, which said that he has now become a monk. He has surrendered everything. According to the Supreme Court, if the husband has become a monk, it does not matter whether the marriage is annulled or restored. Further, the bench said that the amount given by the husband to the woman after the decision of the Madhya Pradesh High Court will not be taken from her.

A video went viral on social media on Sunday in which a woman can be seen abusing two security guards and calling a security guard "Bihari" and using other obscene language. Later it was found that the video is from Noida, UP and the woman is a lawyer working in DSK Legal Law Firm. A woman lawyer (Bhavya Roy) has been arrested and kept in judicial custody for 14 days for misbehaving with the security guards at her Noida residential society. Reportedly, Roy, who was intoxicated at the time of the incident, was also seen assaulting the security guards and it was claimed that three girls had filed a complaint against the security guard. According to reports, the woman lawyer has been accused of sections 153, 323 and 504, 506 of the IPC.

Case Title: Jameel Ahmed. v. Chhattisgarh State Bench: Justice Deepak Kumar Tiwari Recently, the Chhattisgarh High Court ruled that merely possessing obscene cassettes does not constitute an offence. A bench of Justice Deepak Kumar Tiwari was considering an appeal challenging the judgment passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, under which the appellant was convicted of offenses under sections 292 and 293 IPC. was ordained. In this case the appellant's shop was running and 99 cassettes were recovered from the said shop. The appellant was involved in the activity of taking objectionable photographs of local women/girls. The confiscated cassettes contained pornographic films. A case of offense has also been registered under IPC section 376. It was found that the confiscated cassettes contained obscene films, offenses under sections 292 and 293 of the IPC were added. The trial court convicted the appellant under sections 292 and 293. The issue of consideration before the bench was: Whether the petitioner is liable for offense under sections 292 and 293 of IPC? The High Court relied on the case of Sarat Babu Digumarty vs Sarkar (NCT Delhi) and observed that electronically generated activities which may be obscene are specifically punishable under section 67 of the Information Technology Act, 2000, and not That under section 292 of IPC. The bench observed that except the recovery of the cassette, there is no material available on record to show that the accused committed the acts mentioned under sections 2(a) to 2(e) of section 292 of the IPC. Mere possession of obscene cassettes cannot amount to an offense and the prosecution has utterly failed to provide any evidence to the effect that possession was found for the purpose of lending it." In view of the above, the bench allowed the appeal.

If you have not verified yourself after filing ITR, then your ITR will be considered incomplete. Earlier, 120 days were available for e-verification, which has now been reduced to 30 days. If you are going to file your ITR ie Income Tax Return this month, then there is an important news for you. Let us tell you that 31 July 2022 was the last date to file ITR. After that you will have to pay a fine of Rs 5000 for filing ITR. ITR can be filed with penalty till 31st December. Apart from this, along with filling ITR, it is also necessary to verify it.

Today is a historic day in the Supreme Court - for the first time there will be a live telecast of the court proceedings Friday 26 August 2022 is a historic day in the history of the Supreme Court, as the court proceedings will be telecast live for the first time. A notice issued on Friday morning said: Please note that on the retirement of Hon'ble Chief Justice of India, the proceedings of Hon'ble Chief Justice's Court i.e. Ceremony Bench on 26th August, 2022, 10:30 AM will be livestreamed through webcast portal of NIC. Earlier the CJI had talked about starting live streaming of court proceedings especially the Supreme Court. Justice DY Chandrachud, who will become CJI at the end of November this year, has also been an active supporter of live streaming court proceedings.

Case Title: Mrs. Sarita Vs Gauravi Bench: Justices Vivek Russo and Amar Nath (Kesharwani) Citation: 2016 First Appeal No. 417 Recently, the Madhya Pradesh High Court ruled that minor differences cannot be termed as cruelty between husband and wife. A bench of Justice Vivek Russo and Justice Amar Nath was hearing the appeal filed by the wife. Section 19 of the Family Court Act challenges the judgment passed by the Family Court in which the marriage between husband and wife was dissolved on the ground of cruelty. In this case, the appellant (wife), respondent (husband) and their family met and solemnized their marriage. After marriage, the husband came to know that some wrong information like date of birth and qualification has been given in the wife's resume. The wife created the scene and misbehaved with the respondent's mother over trivial matters. The wife left her in-laws' house with all her jewelery and threatened to implicate all the family members in a criminal case. The Respondent approached the Family Court, Indore, 13(1) (i-a) of the Hindu Marriage Act, 1955 for the mother to dissolve the marriage on the ground of cruelty. The Family Court Judge has found that the conduct of the wife accused by the husband has been proved which constitutes mental cruelty to her. Since he has suffered mental cruelty, he is entitled to a decree of divorce and, accordingly, the solemnized marriage is dissolved. The issue of consideration before the bench was: Was the decision passed by the family judge in accordance with the law or not? The bench said that since the husband has agreed to the marriage, the husband cannot be allowed to spoil the life of the wife without any fault without any reason. Minor differences cannot be termed as cruelty between husband and wife. One should not expect overnight change in husband and wife. Both should give time to each other to transfer into married life as wife and husband. The High Court held that after the marriage, the appellant/wife lived with the respondent/husband for hardly six months and thereafter she left him and the law does not permit it. Neither mental cruelty nor physical cruelty has been established in the present case. In view of the above, the bench allowed the appeal and set aside the impugned judgment.

Justice UU Lalit, the CJI-nominated, has made three major announcements regarding reforms during his 74-day tenure as the next Chief Justice of India. Speaking at the farewell function organized by SCBA (Supreme Court Bar Association) for outgoing CJI NV Ramana, Justice UU Lalit made the following announcements:- More transparency in the listing system. A system will be put in place to independently mention the instant list of cases. Efforts will be made that the Constitution Bench should function throughout the year. Justice UU Lalit began his address by saying that he cannot match the popularity of Justice Ramana. He also mentioned the two major achievements of CJI Ramana, clearing judicial vacancies and the importance given to judicial infrastructure. Justice UU Lalit pointed out that the efforts made by CJI Ramana and the National Legal Services Authority to set up legal aid defense lawyers in all districts are now visible. Significantly, Justice Lalit will be the 49th Chief Justice of India and he will take oath on August 27.

Case Title: Daya Vati Vs. State of Delhi NCT & Anr Bench: Justice Jasmeet Singh Citation: CRI.M.C. 3636/2022 The benefit of section 167 CrPC will be available only if the accused has been in jail for 90 consecutive days: HC Delhi HC ruled that the provisions of section 167 Cr.P.C. This will be applicable only if the accused has been in jail for 90 consecutive days. A bench of Justice Jasmeet Singh was considering a petition seeking cancellation of bail of the accused challenging the impugned order in the FIR under Section 302/365/34 of IPC. The petitioner in this case is the mother of the deceased Vishal alias Moni. The petitioner's son had left on his motorcycle. Vishal informs his friend Chandru aka Sonu about his kidnapping and threat to his life. The deceased Vishal alias Moni called his mother and told her mother that she was not safe. After this, the father of the deceased Vishal got a call and the deceased asked his father to save him. Respondent No. 2, Nagesh was arrested and charged under sections 365 and 302 IPC. The Sessions Judge granted bail to respondent no. The issue of consideration before the bench was: Can Respondent No. 2 be granted bail or not? The bench said that the sessions court has failed to give any cogent reason for granting bail, except the fact that the case is based on circumstantial evidence. The High Court said that the nature of the complaint is very serious. Bail in such heinous crime of murder requires utmost attention and serious involvement of the court. It cannot be treated carelessly. The bench observed that “the fact remains that respondent No. 2 would be entitled to default bail of 90 days under section 167 of CrPC. Not helping respondent no 2 as well as respondent no 2 was granted bail after spending 45 days in jail. Provisions of section 167 Cr.P.C. This will be applicable only if the accused has been in jail for 90 consecutive days. In view of the above, the High Court allowed the petition.

The mere mention of the name in the suicide note is not sufficient to award a sentence unless other evidence shows that it is not riddled with lies: HC Recently, the Punjab and Haryana High Court ruled that the mere mention of the name in the suicide note is not sufficient to convict unless other evidence shows that it is true and does not suffer from any aura of falsehood. A bench of Justice Sureshwar Thakur was considering an appeal challenging the judgment passed by the Additional Sessions Judge, where the accused were convicted of offenses punishable under sections 306 and 34 of the IPC. In this case, the complainant's father Satbir (since deceased) had taken a CC limit of Rs 75.0 lakh from Punjab National Bank. Sharvan Kumar (second accused) was acting as a middleman and his father obtained the facility of CC limit from the bank with the help of the acquitted accused. Pradeep Sharma, owner of M/s Shyam Trading Company, has obtained a loan by fraudulently from Punjab National Bank, Mall Road branch, Delhi in which the case was registered. The investigating officer told him that the signatures of his father Satbir were attached to these debentures. His father Satbir told that although the signature on the loan papers of M/s Shyam Trading Company is his own he does not know Pradeep Sharma. It is further told that these have been signed by the acquitted accused Shravan Kumar at their behest of them and Ravi Bharti (Jodi) told them that Pradeep Sharma is their relative. On this, the complainant and his father met both, but they did not give any details about Pradeep Sharma but said that since those papers are signed by Satbir, therefore, now they will have to face the consequences and the pair will not reveal anything further. Her father consumed the poisonous substance after being tortured by the acquitted accused Shravan Kumar, Ravi Bharti, and Pradeep Sharma. During the investigation, the police also found a suicide note in which Satbir mentioned the names of Ravi Bharti and acquitted the accused as the person responsible for his death. It was clearly written in the suicide note that both of them have trapped Satbir in the net and hence he has consumed a poisonous substance. Satbir also put his signature at the bottom of the suicide note. The issue of consideration before the bench was:

Title: Lata Pramod Dangre vs State of Maharashtra Case No.: CRL WP No.: 866 of 2021 Daughter cannot be prosecuted for abetment to suicide for continuously demanding money from father: HC The Bombay High Court (Nagpur Bench) has ruled that the daughter's repeated pecuniary demands from her father will not attract the offense of abetment to suicide. A bench of Justices Manish Pitale and Govind Sanpalik made the remarks while hearing a plea by a woman who was booked for allegedly abetting her father's suicide. The woman was accused of repeatedly demanding money from her father and mother. The woman is the daughter of the second wife of the deceased. The deceased father committed suicide in September 2021 and in the suicide note he said that his daughter and second wife were harassing him mentally and demanding money. The note also mentions an incident where the deceased invested Rs 2 lakh as a fixed deposit for his second wife but the petitioner forced him to increase the amount to Rs 5 lakh. Even though he managed to increase the amount to Rs 5 lakh, it was then increased to Rs 15 lakh. Initially, the court observed that the suicide note shows the anguish of the deceased on being harassed by the petitioner and his second wife, but also shows that at best, the second wife of the deceased was demanding money at the instance of the petitioner and was asking for their share in agricultural land. The court also noted that the informant in the case is the son-in-law of the deceased who had married the daughter of the first wife of the deceased. It was also noted that the suicide note was written five days before the deceased took the extreme step. According to the court, in such cases, the court is also required to consider the surrounding circumstances, which may affect the deceased to take extreme steps. In this context, the court observed that there is no close link between the suicide note and the deceased committing suicide. Therefore, the court allowed the petition and quashed the FIR lodged against the petitioner.

Attorney General (AG) of India KK Venugopal argued before a Constitution Bench of the Supreme Court on Tuesday that holding the All India Bar Examination (AIBE) before enrollment would be the most appropriate course of action [Anuj Agarwal v Union of India]. The submission was supported by senior advocate KV Viswanathan before a five-judge bench comprising Justices SK Kaul, Sanjiv Khanna, AS Oka, Vikram Nath, and JK Maheshwari. "The Act allows, as it stands now, to frame rules for the pre-enrollment examination. ", the senior counsel informed the court. On the Court's question about the impact of this approach on the judgment in V Sudeer v Bar Council of India, Viswanathan explained that the judgment in the matter was wrong. The pre-enrolment training for those entering the legal profession initiated by the Bar Council of India (BCI) was subject to challenge in this case. The Court had struck down the requirement of such training while observing, "These rules show that an enrolled advocate may practice as a full-fledged advocate, subject to the conditions laid down in these rules. His authority once granted cannot be restricted to his acting in court when he The State remains enrolled as an advocate on the roll. Therefore, it must be held that section 49(1)(ah) cannot uphold the impugned rules." During the hearing, Justice Kaul also recommended that the difficulty level of AIBE should be determined based on the number of advocates enrolled in the country. The judge underlined that the minimum standard required was set before being allowed to enroll and practice in the examination. Therefore, it must be of sufficient quality to determine the ability to practice. "How many lawyers do you need in the system? Ideally, if the job is done fairly, how many lawyers would be needed? Is there a need for such a liberal test?" He asked. He suggested that BCI conduct an analysis in this regard. When the issue of necessary training of young lawyers came to the fore, Viswanathan urged the court to consider training young lawyers. He suggested that this may be prescribed as one of the determining factors for lawyers for designation as seniors or for promotion to the Bench. The hearing will continue tomorrow. The Constitution Bench is hearing petitions challenging the validity of Rule 9 to 11 of the BCI Rules for violation of Sections 16, 24 and 30 of the Advocates Act and Articles 14 and 19 (1) (g) of the Constitution. Rule 9 makes clearing AIBE a mandatory pre-condition for every practicing advocate. Rule 10 enables the BCI to conduct examinations and Rule 11 deals with the process of issuing certificates to practice. The questions referred for consideration of the Bench are: (1) Whether pre-enrollment training can be lawfully prescribed by the Bar Council of India in terms of the Bar Council of India Training Rules, 1995 made under section 24(3)(d) of the Advocates Act, 1961 and if so If so, what is the decision of this Court in V. Sudhir v. Bar Council of India et al. [(1999) 3 SCC 176)] Need to be reconsidered? (2) Can a pre-enrolment examination be prescribed by the Bar Council of India under the Advocates Act, 1961? (3) If questions numbers 1 and 2 are answered in the negative, whether the post-enrolment examination has been validly prescribed by the Bar Council of India in accordance with section 49(1)(ah) of the Advocates Act, 1961?

Case Title:-Bar Council of India v. Bonnie Foi Law College & Ors. [SLP(C) No. 22337/2008] and other connected matters A Constitution Bench of the Supreme Court on Wednesday reserved judgment on a batch of petitions challenging the validity of the All-India Bar Examination. The five-judge Bench comprised Justices Sanjay Kishan Kaul, Sanjiv Khanna, A.S. Oka, Vikram Nath, and J.K. Maheshwari. The lead petition is an appeal by special leave preferred by the Bar Council of India against a 2008 decision of the Madhya Pradesh High Court in a case dealing with the grant of affiliation and recognition to a law college. When the matter travelled to the apex court in appeal, a three-judge Bench headed by Chief Justice T.S. Thakur referred it to a Constitution Bench composed of five Judges for final determination of the "questions of considerable importance affecting the legal profession in general" that were raised before the apex court. It was during the pendency of this petition that the Bar Council of India, under the chairmanship of Senior Advocate Gopal Subramanium, had decided to conduct an all-India bar exam for the first time in 2010. After more than six years since the referral, and more than 14 years since the High Court ruling, the Constitution Bench is set to finally lay the controversy to rest. Yesterday, the Court heard the submissions of the Attorney-General of India and Senior Advocate K.K. Venugopal and the amicus curiae, Senior Advocate K.V. Vishwanathan. They called into question the correctness of the law laid down in V. Sudeer v. Bar Council of India & Anr. [(1999) 3 SCC 176] and pushed for a pre-enrolment examination. This argument seemed to find favour with the BCI Chairman, Manan Kumar Mishra, and Vice-Chairman, S. Prabakaran, who appeared on behalf of the statutory body. Picking up from where he had left off, Vishwanathan continued assailing the Supreme Court decision in V. Sudeer [(1999) 3 SCC 176]. He also questioned the soundness of the ruling in Indian Council of Legal Aid & Advice v. Bar Council of India [(1995) 1 SCC 732], on which the Sudeer Bench had placed reliance. Vishwanathan claimed that by virtue of these decisions, the Bar Council of India had been placed in a subservient position vis-à-vis the state bar councils. He urged that the paramountcy of the Bar Council needed to be preserved in light of the objectives and purposes of the Act, and the organisational framework created under it. An issue that persistently troubled the Bench, and was pointed out by both Justices Kaul and Khanna, was the implications of the deletion of Clause (d) in Section 24(1) as a result of which, the requirement imposed on a law graduate to undergo a course of "training in law and pass an examination after such training" was removed. Vishwanathan repelled the contention that this would abridge the powers of the Bar Council of India, strenuously arguing that such power could be located in Section 49(1)(ag), which had been kept intact. Therefore, the BCI, Vishwanathan reiterated, was competent to frame rules with respect to the prerequisites for persons who were entitled to practice law. Justice Kaul mused – "We are a constitutional court. We could interpret the constitutional question and be done with it. But we have to try and make the system workable…There is no perfect world, in an imperfect world, we have to decide how to reduce the imperfections." The Bench highlighted a number of issues that followed from the proposal to conduct a pre-enrolment examination, including, inter alia, the impact of "hundreds of people enrolling on the same day" after the results of the pre-enrolment examination on seniority, the prerequisites for applying for the examination, the competence of a law graduate to work and receive emoluments in the "interregnum period", the difference in the academic calendars of different colleges, and the lack of uniformity of fee structures. Justice Kaul observed – "Say, pre-enrolment exams take place. We don't want another litigation on how it will work out. Can there be some thought process, some uniformity in it?" Several suggestions were floated by Vishwanathan, such as making students eligible to take the examination in their final year to prevent loss of time and conducting the examination biannually to accommodate differences in academic calendars. Mishra reminded the Court that their purpose was to determine the competence of the Bar Council to conduct qualifying examinations. Justice Kaul pithily remarked – "Your argument is basically that you are free to hold pre or post-enrolment exams as you deem fit. And that you should be allowed to do that." In the course of his submissions, Vishwanathan also relied on Satish Kumar Sharma v. Bar Council of Himachal Pradesh [(2001) 2 SCC 365] and Pratap Chandra Mehta v. State Bar Council of Madhya Pradesh [(2011) 9 SCC 573], which he asserted, recognised the overarching powers of the Bar Council. After the amicus curiae concluded, the Court heard the submissions made on behalf of the Bar Council of India. Mishra, after delineating the spheres in which the state bar councils and the Bar Council of India operated, urged that the power to make rules to prescribe prerequisites were conferred by Section 49. The conditions laid down in Section 24 indicated the eligibility simpliciter, which could further be qualified by the Bar Council in the exercise of its powers of, inter alia, superintendence and control. The Court also heard the arguments advanced by the counsel for the petitioners who endorsed the abolition of the post-enrolment bar examination. It was contended that the All India Bar Examination was unconstitutional and arbitrary. Advocate Kartik Seth, assailed the Bar Council on a number of counts, including the levy of an exorbitant fee for enrolment. Seth also reiterated Vishwanathan's recommendation of making final-year law students eligible to take the bar. Justice Kaul countered – "You have prepared well; you have done your homework. But we cannot take into consideration everything…This is a constitutional court. We cannot say charge Rs 3000 instead of Rs 3500. What you are giving, are suggestions. Let the Bar Council of India decide whether they would want to implement them."

SOVA was earlier focusing on countries like US, Russia, and Spain, but in July 2022 it added several other countries including India to its list of targets. The new mobile banking 'Trojan' virus - SOVA - that can secretly encrypt an Android phone for ransom and is difficult to uninstall, is targeting Indian customers. India's federal cyber security agency issued an advisory saying that the virus has upgraded to its fifth version after it was first detected in Indian cyberspace in July."It has been reported to CERT-In that Indian banking customers are being targeted by a new type of mobile banking malware campaign using SOVA Android Trojan. The first version of this malware appeared for sale in underground markets in September 2021 with the ability to harvest user names and passwords via keylogging, stealing cookies, and adding false overlays to a range of apps," the advisory said. Here's all you need to know about the SOVA virus SOVA can add false overlays to a range of apps and "mimic" over 200 banking and payment applications in order to con the Android user The latest version of this malware hides within fake Android applications that show up with the logo of a few famous legitimate apps like Chrome, Amazon, NFT (non-fungible token linked to cryptocurrency) platform to deceive users into installing them. The Indian Computer Emergency Response Team or CERT-In is the federal technology arm to combat cyber attacks and guards the Internet space against phishing and hacking assaults and similar online attacks. The agency said the malware is distributed via smishing (phishing via SMS) attacks, like most Android banking Trojans. The lethality of the virus can be gauged from the fact that it can collect keystrokes, steal cookies, intercept multi-factor authentication (MFA) tokens, take screenshots and record video from a webcam and can perform gestures like screen click, swipe etc. using android accessibility service. Another key feature of the virus, according to the advisory, is the refactoring of its "protections" module, which aims to protect itself from different victim actions. For example, it said, if the user tries to uninstall the malware from the settings or pressing the icon, SOVA is able to intercept these actions and prevent them by returning to the home screen and showing a toast (small popup) displaying "This app is secured". It can jeopardize the privacy and security of sensitive customer data and result in "large-scale" attacks and financial frauds. How does it work As per the advisory, once the fake android application is installed on the phone, it sends the list of all applications installed on the device to the C2 (command and control server) controlled by the threat actor in order to obtain the list of targeted applications. "At this point, the C2 sends back to the malware the list of addresses for each targeted application and stores this information inside an XML file. These targeted applications are then managed through the communications between the malware and the C2," it said. How to protect your Android devce: The CERT-In suggested some counter-measures and best practices that can be put into action by the users to keep safe from the virus. Users should reduce the risk of downloading potentially harmful apps by limiting their download sources to official app stores, such as your device's manufacturer or operating system app store, they should always review the app details, number of downloads, user reviews, comments and "ADDITIONAL INFORMATION" section, it said. One should also verify app permissions and grant only those which have relevant context for the app's purpose. They should install regular Android updates and patches and not browse un-trusted websites or follow un-trusted links and exercise caution while clicking on the link provided in any unsolicited emails and SMSs.

POCSO: Can POCSO case be canceled due to agreement between accused and victim, Supreme Court agrees on investigation The Supreme Court has agreed to examine a legal question whether cases under the Protection of Children from Sexual Offenses (POCSO) Act can be quashed on the basis of an agreement between the accused and the victim. A bench of Justices Ajay Rastogi and AS Oka stayed the order of the Kerala High Court dated August 26, 2019, quashing the FIR lodged against the accused under the POCSO Act, 2012 on the basis of an agreement reached between the accused and the aggrieved parties. did. The apex court issued a notice on the appeal filed by the Kerala government against the order of the High Court. In this case, the accused, a teacher by profession, was booked under sections of the POCSO Act and the case pertained to sexual assault on a child in that institution by an educational institution or religious institution. The counsel for the petitioners informed that the FIR for offenses punishable under sections 9 (f) and 10 of the Protection of Children from Sexual Offenses Act, 2012 at Malappuram police station has been quashed, the apex court said. It is not acceptable in view of the Court's decision to do so on the basis of the agreement being reached between the parties.

The National Investigation Agency (NIA) arrested an Advocate practising in the Kerala High Court during raids on the homes of second-rung leaders of the banned Popular Front of India (PFI) in Kerala yesterday. The NIA apprehended Advocate Muhammed Mubarak during raids conducted in 56 different locations across Kerala early Thursday morning. His arrest was recorded today, and he appeared before the Special NIA Court in Ernakulam today. The Court has remanded him in custody until January 13. He is the fourteenth person arrested in Kerala by the NIA in connection with the PFI. He was apprehended in Vyppin, Ernakulam District, Kerala. According to the NIA, Muhammed Mubarak was a member of the PFI’s murder squad and was training other PFI members in martial arts. In recent years, the PFI has committed numerous murders in Kerala, including the heinous murder of Advocate Ranjith Sreenivasan. The NIA recovered lethal weapons from his home, including an axe, swords, and sickles. According to the NIA, the weapons were hidden in a badminton racket bag.

Recently, the NCDRC held an AIIMS doctor guilty of medical negligence as the patient loses voice after the surgery. The bench of Justices S.M. Kantikar and Binoy Kumar stated that “the operative procedure adopted by the doctor and hospital was an accepted reasonable standard of practice, but not having proper informed consent, amounts to negligence per se.” In this case, the Complainant was examined in AIIMS by Dr. Arvind Kumar (OP No.2) and surgery was advised for the ‘Anterior Mediastinum Tumor’. The doctor and his team performed surgery Median ‘Sternotomy’ and ‘Thymectomy’. After the operation, the Complainant was told by the doctor (OP No. 2) that he had to cut his left Phrenic Nerve as the same was passing through the Tthymaic mass and there was no other option left to remove the thymas mass. The consequence of cutting off the left Phrenic Nerve was that his left diaphragm was raised and exists like this till date. As soon as the Complainant regained consciousness he realized that he was not able to speak and informed the doctor. He took it very lightly. The Complainant went to the ENT Department (AIIMS) to get himself examined for the problem of voice suffered by him. After examination, the ENT Department of AIIMS declared left cord palsy (post-operative) and suggested the Complainant for speech Therapy. Dr. Arvind OP No. 2 based on the HPE report advised radiotherapy as a proper treatment, but Complainant did not show any improvement in his voice or movement of the left vocal cord. Being aggrieved the Complainant filed complaint before the State Commission and claimed an amount of Rs. 65,25,000/- as compensation from the OPs. The State Commission allowed the complaint. The issue for consideration before the bench was: Whether the hospital and doctor are liable for negligence or not? The Commission noted that due to achieving complete tumour excision the ipsilateral phrenic nerve was chosen by the OP-2. It is an accepted mode of treatment. It was not proper by leaving part of the tumour, as it would have endangered the patient’s life in future. Thus, it was due diligence that the doctor (OP-2) exercised the care during the entire procedure.

The laws of remission in India, including Article 72 of the Constitution, which allows the President to grant pardons, and Section 432 of the Criminal Procedure Code (CrPC), which deals with remission or suspension of sentence for convicts, all have their “basis in the Valmiki Ramayana,” according to Madras High Court judge Justice GR Swaminathan on Wednesday. Justice Swaminathan was speaking at the 16th Akhil Bharatiya Adhivaktha Parishad National Conference at Kurukshetra University in Haryana on the topic ’75 Years of Resurgent Bharat: Time for Bhartiya Jurisprudence.’ In recalling an incident from 1994, when he was a speaker at an Adhivaktha Parishad meeting that year, Justice Swaminathan stated that it was during a period of peak militancy in Kashmir. Some militants had been holed up inside a mosque a few days before the meeting and had threatened security forces that they would blow up the mosque if they tried to enter, he said. He stated that the meeting was held in this context, and when it was his turn to speak, he stated that he had read Salmond on jurisprudence and Dias on jurisprudence, but he had never heard of “Biryani jurisprudence.” He also discussed the Supreme Court’s recent release of six life-term convicts in the Rajiv Gandhi assassination case. He went on to say that around this time, he was reminded of a shloka from the Valmiki Ramayana in which Sita tells Hanuman that no human is perfect and that, as a result, one must abandon the idea of retaliation and instead forgive even one’s own tormentors. Justice Swaminathan referred to an article titled ‘Objection your honour’ that criticised Justice Nazeer’s statement. He urged everyone in the audience to read the text of Justice Nazeer’s statement again, translate it into their native tongues, and distribute such pamphlets to the public. Justice Swaminathan went on to say that while the current legal system has benefitted the country greatly, there is no reason why it cannot be improved. However, he added that what is required is not a blind application of ancient principles, but rather what is in tune with current needs and times. He also addressed recent disagreements between the Supreme Court collegium and Union Law Minister Kiren Rijiju.He stated that every time a new Chief Justice is appointed to the Madras High Court, the Bar Association’s welcome address recounts the Tamil epic tale of Silappatikaram, in which a king dies of cardiac arrest after realising he had failed to implement due process of law and had wrongfully executed a man accused of thievery. He concluded his speech by saying that, while the country’s current legal system, including the Constitution, is a mash-up of features from several Constitutions and legal principles from western nations, our genius was in “making Bharatiya music flow out of western instruments.

पिछले साल नवंबर में न्यूयॉर्क से दिल्ली आ रही एयर इंडिया की एक फ्लाइट में एक साथी महिला यात्री पर कथित तौर पर पेशाब करने के आरोप में गिरफ्तार शंकर मिश्रा को दिल्ली की एक अदालत ने शनिवार को 14 दिन कि न्यायिक हिरासत में भेज दिया।दिल्ली की पटियाला हाउस कोर्ट की मेट्रोपॉलिटन मजिस्ट्रेट अनामिका ने कहा कि जनता के दबाव को जांच को प्रभावित नहीं करना चाहिए और मिश्रा की पुलिस हिरासत की आवश्यकता नहीं होगी।मिश्रा को दिल्ली पुलिस ने शुक्रवार रात बेंगलुरू में नवंबर में एयर इंडिया के विमान में शराब के नशे में 70 वर्षीय एक महिला पर पेशाब करने के आरोप में गिरफ्तार किया था।टाटा ग्रुप के चेयरमैन को महिला का पत्र मीडिया में प्रकाशित होने के बाद यह घटना सार्वजनिक हुई।वेल्स फ़ार्गो में काम करने वाले मिश्रा को भी कंपनी ने यह कहने के बाद नौकरी से जाने दिया कि उनके खिलाफ लगाए गए आरोप “बेहद परेशान करने वाले” थे।मिश्रा के वकीलों ने हाल ही में एक बयान जारी कर कहा कि उन्होंने 28 नवंबर को महिला को मुआवजे की राशि का भुगतान किया था, लेकिन महिला की बेटी द्वारा लगभग एक महीने बाद 19 दिसंबर को उन्हें पैसे वापस कर दिए गए थे।कल बेंगलुरु में गिरफ्तारी के बाद मिश्रा को दिल्ली लाया गया था। लोक अभियोजक (पीपी) के अनुसार, मिश्रा ने जांच में सहयोग नहीं किया।हालांकि, न्यायाधीश ने कहा कि चालक दल के सदस्यों और अन्य गवाहों से पूछताछ के लिए मिश्रा को हिरासत में लेने की आवश्यकता नहीं होगी।मिश्रा के वकील, अधिवक्ता मनु शर्मा ने कहा कि उनके खिलाफ लगाए गए आरोपों में से केवल एक ही गैर-जमानती है।पीड़िता के वकील के मुताबिक, जिस फ्लाइट में यह घटना हुई, उसके क्रू मेंबर्स भी इसके लिए जिम्मेदार हैं।पक्षों को सुनने के बाद, अदालत ने पुलिस हिरासत के दिल्ली पुलिस के अनुरोध को अस्वीकार कर दिया और इसके बजाय मिश्रा को 14 दिनों के लिए पुलिस हिरासत में भेज दिया।मिश्रा ने भी अलग से जमानत याचिका दायर की और कोर्ट ने दिल्ली पुलिस को नोटिस जारी किया। 11 जनवरी को जमानत याचिका पर सुनवाई होगी।

AIBE XVIII (18) 2023-24 - The Bar Council of India (BCI) has opened the AIBE 18 registration 2023 on August 16, 2023 at 5 PM on its official website - allindiabarexamination.com. Interested applicants can appply for AIBE XVIII till September 30, 2023. The AIBE XVIII (18) 2023-24 will be conducted in offline mode, across the country. Law graduates who have enrolled at any state bar council and have not cleared the Bar exam yet can appear for the exam. The application form of AIBE XVIII (18) 2023-24 will open today in online mode. The AIBE XVIII (18) 2023-24 will be held on October 29, 2023. AIBE is conducted to test the basic legal knowledge and aptitude of law graduates. The AIBE syllabus 2023-24 will have questions from various legal principles, concepts of law and jurisprudence.

The Delhi High Court Thursday asked the Delhi government to examine and hold stakeholder consultation on the draft of the ‘Advocates Protection Bill’ which seeks to protect and ensure a safe atmosphere for legal professionals in the wake of the killing of a lawyer in April. The high court was informed that the Co-ordination Committee of District Courts Bar Associations in the national capital has prepared the draft of the bill and it has been sent to the Delhi chief minister and law minister. “Let the same be placed on record along with the index. Let steps be taken by the Delhi government for examination of the draft bill and let stakeholder consultation be held by it. “After the stakeholders consultation on examination of the draft bill, let the action taken report be filed. List on September 6,” Justice Prathiba M Singh said. Advocate K C Mittal, representing the Co-ordination Committee of District Courts Bar Associations, informed the court about the first draft of the bill having been sent to the chief minister and law minister for consideration. The high court was hearing a plea by lawyers Deepa Joseph and Alpha Phiris Dayal seeking enactment of a law for protection of advocates and ensuring a safe atmosphere for them. On April 12, the high court had asked the Centre and the city government to respond to the petition and also sought a status report from the Bar Council of Delhi and the coordination committee, which submitted it is already in the process of drafting an ‘Advocates Protection Bill’ and holding consultation with public officials. Advocate Robin Raju, representing the petitioners, had earlier informed the court that Rajasthan has already enacted a law for protection of advocates. Advocate Virender Kumar Narwal, 53, was shot dead in southwest Delhi’s Dwarka by two motorcycle-borne assailants on April 1. In their plea, the petitioners have said there has been an “alarming rise” in incidents of violence inside the court premises in the city and it was “high time now” for a decision to be taken for enacting a law to guarantee protection to the legal fraternity and help remove the fear that has got embedded in their minds. The petitioners have stated their concern about their own safety has been “aggravated by seeing the visuals and video of the cold-blooded murder of an influential and senior member of the Bar”, and if such a bill is not passed in Delhi, the audacity of criminals to commit crimes against lawyers will increase. “The scenario particularly post the death of advocate Virender Narwal has created an atmosphere that does not feel favourable to practice the profession without fear and hence it impinges upon the right to practice any profession or to carry on any occupation, trade or business to all citizens under Article 19(1)(g) of the Constitution of India and also violates Article 21 of the constitution that guarantees protection of life and personal liberty,” the petition said. It said Rajasthan has already passed a law which provides for police protection to any lawyer who is attacked or against whom criminal force and criminal intimidation has been used while prescribing a punishment for the offender.

Case Title: Noor Mohammed v. Khurram Pasha Bench: Justices Uday Umesh Lalit, S. Ravindra Bhat and Sudhanshu Dhulia Citation: Arising out of Special Leave Petition (Criminal)No. 2872 of 2022 Sec 143A NI Act | If Accused has Failed To Deposit Interim Compensation He Can’t Be Denied Right To Cross-Examination: Supreme Court The Supreme Court on Tuesday ruled that an accused who had failed to deposit interim compensation could be fastened with any other disability including denial of the right to cross-examine the witnesses. The bench of Justices Uday Umesh Lalit, S. Ravindra Bhat and Sudhanshu Dhulia stated that “if a statute prescribes a method or modality for the exercise of power, by necessary implication, the other methods of performance are not acceptable.” In this case, an order was passed by the Trial Court directing the Appellant to deposit 20% of the cheque amount as interim compensation in terms of Section 143(A) of the Act within 60 days. The amount was not deposited by the Appellant. An application was made on behalf of the Appellant under Section 145(2) of the Act seeking permission to cross-examine the Respondent. The complaint Case was accepted by the Trial Court finding the Appellant guilty under Section 138 of the Act. The appellant court and Karnataka HC upheld the order passed by the trial court. Mr. Shailesh Madiyal, Counsel for the appellant submitted that in case the order of interim compensation as directed in terms of Section 143A of the Act is not complied with, the amount can be recovered in terms of Sub-Section 5 of said Section 143A as if it were a fine under Section 421 of the Code, but it would not be within the competence of the court to deprive an accused of his right to cross-examine a witness. Mr. Anand Nuli, Counsel for the respondent submitted that orders passed by the courts below were consistent with the mandate of Section 143A and the right to cross-examine was rightly closed by the courts below. The issue for consideration before the bench was: Whether the accused can be denied the right to cross-examine if he has failed to deposit interim compensation? Supreme Court opined that the method and modality of recovery of interim compensation is clearly delineated by the Legislature. It is a well-known principle that if a statute prescribes a method or modality for the exercise of power, by necessary implication, the other methods of performance are not acceptable. The bench stated that “The concerned provision nowhere contemplates that an accused who had failed to deposit interim compensation could be fastened with any other disability including denial of the right to cross-examine the witnesses examined on behalf of the complainant. Any such order foreclosing the right would not be within the powers conferred upon the court and would, as a matter of fact, go well beyond the permissible exercise of power.” In view of the above, The Supreme Court allowed the appeal and directed to permit the Appellant to cross-examine the Respondent and then take the proceedings to a logical conclusion.

Recently Bar Council of Punjab and Haryana barred 140 lawyers from practicing/appearing in any court after they were found guilty of "possession of fake and fabricated enrollment certificates". All these people were practicing in the same district of Punjab (Ludhiana) and were appearing in the court. The Bar has termed the case of practicing on the basis of fake Enrollment Certificate (Advocate's License) as a scam and a classic case. The Disciplinary Committee of the Bar Council of Punjab and Haryana, which included CM Munjal, Chairman Harish Rai Dhanda, member and co-opted member Vikas Bishnoi, has sent a list of such advocates to the Commissioner of Police, Ludhiana for immediate action, leading to the conviction of the culprits. to be prosecuted. The Bar's disciplinary committee was disposing of a complaint filed by a Ludhiana-based lawyer David Gill against Parminder Singh, who was enrolled as an advocate, alleging that he did not hold a valid licence. During the hearing, the Disciplinary Committee constituted a three-member internal committee to examine the licenses of all the members of the District Bar Association. The committee comprising Rajesh Kumar, Rahul Grover and Pradeep Sharma presented its report by displaying a chart made by comparing voter lists provided by Bar Association Ludhiana and Bar Council records. After scrutiny of records from 2000 to 2021, it was revealed that a total of 140 advocates of Ludhiana were practicing on non-existent enrollment numbers.

Bench: Justice R. Raghunandan Rao Citation: Writ Petition No.19480 of 2022 Recently, the Andhra Pradesh High Court ruled that the court can direct the police to issue a clearance certificate. Justice R. Raghunandan Rao was considering the petition filed for issuance of police clearance certificate and complaining that the inaction of the second respondent was high-handed, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India. In this case, the petitioner is working in Angola on the basis of his passport which is valid till 28.06.2028. The petitioner needs a police clearance certificate to renew his visa in Angola. Due to this requirement, the petitioner filed an application before the second respondent, which is the Regional Passport Officer, Visakhapatnam. Police NOC is not being given to the petitioner. The petitioner's wife had already filed a criminal complaint against him under sections 498-A, 323, 506 of the IPC read with section 3 of the Dowry Prohibition Act. The counsel for the petitioner submitted that a police clearance certificate can always be issued by incorporating the details of the above offense. Non-presentation of such a clearance certificate will result in the authorities in Angola not renewing his visa and consequently, he will lose his employment in Angola. Counsel for the Respondent submitted that the service of issuing of Police Clearance Certificate is a voluntary service rendered for the benefit of Indian citizens and there is no inherent duty on the other Respondent by virtue of any provision of law or judgment. Court, to issue such Police Clearance Certificate. The issue of consideration before the bench was: Whether Police Clearance Certificate can be issued to the petitioner or not? The bench observed that while the second respondent is issuing such certificates to the citizens residing abroad, the second respondent cannot take the stand that since it is a voluntary service, the second respondent is required to issue such certificates or There can be no instructions for non-issuance. In view of the above, the High Court directed the second respondent to issue police clearance certificate to the petitioner.

May 26, 2023 10:04 PM नेशनल इंवेस्टिगेशन एजेंसी (एनआईए) ने हत्या और टेरर फंडिंग के मामले में दोषी करार दिए गए यासिन मलिक को फांसी की सजा की मांग के लिए दिल्ली हाई कोर्ट में याचिका दायर की है। जस्टिस सिद्धार्थ मृदुल की अध्यक्षता वाली बेंच इस याचिका पर 29 मई को सुनवाई करेगा।एनआईए ने कहा है कि यासिन मलिक ने अपना गुनाह कबूला है इस आधार पर उसे फांसी की सजा नहीं देने का फैसला सजा देने की नीति पर सवाल खड़े करता है। ऐसे आतंकवादी जिसने देश के खिलाफ युद्ध छेड़ा है, उसने फांसी से बचने के लिए गुनाह कबूल करने का रास्ता चुना है। 25 मई 2022 को पटियाला हाउस कोर्ट ने हत्या और टेरर फंडिंग के मामले में दोषी करार दिए गए यासिन मलिक को उम्रकैद की सजा सुनाई थी । पटियाला हाउस कोर्ट ने यासिन मलिक पर यूएपीए की धारा 17 के तहत उम्रकैद और दस लाख रुपये का जुर्माना, धारा 18 के तहत दस साल की कैद और दस हजार रुपये का जुर्माना, धारा 20 के तहत दस वर्ष की सजा और 10 हजार रुपये का जुर्माना, धारा 38 और 39 के तहत पांच साल की सजा और पांच हजार रुपये का जुर्माना लगाया था। कोर्ट ने यासिन मलिक पर भारतीय दंड संहिता की धारा 120बी के तहत दस वर्ष की सजा और दस हजार रुपये का जुर्माना, धारा 121ए के तहत दस साल की सजा और दस हजार रुपये का जुर्माना लगाया था। कोर्ट ने कहा था कि यासिन मलिक को मिली ये सभी सजाएं साथ-साथ चलेंगी। इसका मतलब की अधिकतम उम्रकैद की सजा और दस लाख रुपये की सजा प्रभावी होगी। 10 मई 2022 को यासिन मलिक ने अपना गुनाह कबूल कर लिया था। 16 मार्च 2022 को कोर्ट ने हाफिज सईद , सैयद सलाहुद्दीन, यासिन मलिक, शब्बीर शाह और मसरत आलम, राशिद इंजीनियर, जहूर अहमद वताली, बिट्टा कराटे, आफताफ अहमद शाह, अवतार अहम शाह, नईम खान, बशीर अहमद बट्ट ऊर्फ पीर सैफुल्ला समेत दूसरे आरोपियों के खिलाफ आरोप तय करने का आदेश दिया था।  एनआईए के मुताबिक पाकिस्तान की खूफिया एजेंसी आईएसआई के सहयोग से लश्कर-ए-तोयबा, हिजबुल मुजाहिद्दीन, जेकेएलएफ, जैश-ए-मोहम्मद जैसे संगठनों ने जम्मू-कश्मीर में आम नागरिकों और सुरक्षा बलों पर हमले और हिंसा को अंजाम दिया। 1993 में अलगववादी गतिविधियों को अंजाम देने के लिए आल पार्टी हुर्रियत कांफ्रेंस की स्थापना की गई। एनआईए के मुताबिक हाफिद सईद ने हुर्रियत कांफ्रेंस के नेताओं के साथ मिलकर हवाला और दूसरे चैनलों के जरिये आतंकी गतिविधियों को अंजाम देने के लिए धन का लेन-देन किया। इस धन का उपयोग वे घाटी में अशांति फैलाने , सुरक्षा बलों पर हमला करने, स्कूलों को जलाने और सार्वजनिक संपत्ति को नुकसान पहुंचाने का काम किया। इसकी सूचना गृह मंत्रालय को मिलने के बाद एनआईए ने भारतीय दंड संहिता की धारा 120बी, 121, 121ए और यूएपीए की धारा 13, 16, 17, 18, 20, 38, 39 और 40 के तहत केस दर्ज किया था।

Ordinarily the Dispute under Insurance Policy Claims Would not be Referred to Arbitration when the Reference is Limited to Quantum of Compensation: Delhi HC In a significant ruling, the High Court of Delhi has shed light on the scope of arbitration clauses in insurance policy disputes. Justice Prateek Jalan clarified that when an insurer denies liability entirely, the dispute cannot be referred to arbitration. “However, if the insurer disputes specific claims falling outside the policy’s coverage, while admitting overall liability, such disputes are within the purview of arbitration. This distinction is crucial in determining the appropriate forum for resolving disputes in insurance policy agreements”, the court highlighted. A recent case before the Delhi High Court involved a dispute between two parties who had entered into an insurance policy agreement. The agreement contained an arbitration clause that mandated arbitration for disputes concerning the quantum of compensation, provided liability was otherwise admitted. The petitioner sought the appointment of an arbitrator, but the respondent rejected the request, arguing that the dispute pertained to liability and was outside the scope of the arbitration clause. The court carefully examined the language and intent of the arbitration clause. Citing a precedent Mallak Specialities v. New India Assurance, the court emphasized that if an insurer denies liability in its entirety, arbitration is not appropriate. However, in the present case, the respondent disputed specific claims on the basis that they were not covered by the insurance policy, while admitting liability overall. The court drew a crucial distinction between scenarios where an insurer denies all liability and cases where specific claims fall outside the policy’s coverage. “It held that disputes falling within the latter category do not exceed the scope of the arbitration clause”, the cour added.

सुप्रीम कोर्ट ने मंगलवार को दिल्ली पुलिस को 20 वर्षीय एक महिला को सुरक्षा देने का निर्देश दिया, जो कथित रूप से घर से भाग गई थी और अपने परिवार के सदस्यों से अपनी जान को खतरा होने की आशंका से डर रही थी। शीर्ष अदालत ने मध्य प्रदेश उच्च न्यायालय के उस आदेश में हस्तक्षेप करने से इंकार करते हुए आदेश पारित किया, जिसमें महिला के अपहरण के आरोपी व्यक्ति की अग्रिम जमानत को रद्द कर दिया गया था। चूंकि मामले की सुनवाई न्यायमूर्ति बेला एम त्रिवेदी और न्यायमूर्ति प्रशांत कुमार मिश्रा की अवकाश पीठ कर रही थी, इसलिए महिला वीडियो कांफ्रेंसिंग के माध्यम से पेश हुई और अदालत से उसे व्यक्तिगत रूप से पेश होने की अनुमति देने का अनुरोध किया। अनुमति दिए जाने के बाद, वह पीठ के सामने पेश हुई और आशंका व्यक्त की कि उसके परिवार के सदस्यों से उसकी जान को खतरा है और आरोप लगाया कि उसका भाई उसका पीछा कर रहा है। महिला ने आशंका जताई कि उसे जबरन वापस अपने घर ले जाया जाएगा, जहां वह नहीं जाना चाहती। उसके मुताबिक, वह वाराणसी में रहती है और वहीं लौटना चाहती है। हालांकि, उसने सुरक्षा मांगी थी। जब महिलाओं ने अपनी स्थिति के बारे में अदालत को बताया, तो पीठ ने कहा कि उच्च न्यायालय ने यह देखते हुए कि वह जांच में सहयोग नहीं कर रहा है और बुलाए जाने के बावजूद जांच अधिकारी को जवाब नहीं दे रहा है, उस व्यक्ति को दी गई अग्रिम जमानत को रद्द कर दिया है।

1. "Spread love everywhere you go. Let no one ever come to you without leaving happier." -Mother Teresa 2. "When you reach the end of your rope, tie a knot in it and hang on." -Franklin D. Roosevelt 3. "Always remember that you are absolutely unique. Just like everyone else." -Margaret Mead 4. "Don't judge each day by the harvest you reap but by the seeds that you plant." -Robert Louis Stevenson 5. "The future belongs to those who believe in the beauty of their dreams." -Eleanor Roosevelt 6. "Tell me and I forget. Teach me and I remember. Involve me and I learn." -Benjamin Franklin 7. "The best and most beautiful things in the world cannot be seen or even touched - they must be felt with the heart." -Helen Keller 8. "It is during our darkest moments that we must focus to see the light." -Aristotle 9. "Whoever is happy will make others happy too." -Anne Frank 10. "Do not go where the path may lead, go instead where there is no path and leave a trail." -Ralph Waldo Emerson 11. "If life were predictable it would cease to be life and be without flavor." -Eleanor Roosevelt 12. "In the end, it's not the years in your life that count. It's the life in your years." -Abraham Lincoln 13. "Life is a succession of lessons which must be lived to be understood." -Ralph Waldo Emerson 14. "You will face many defeats in life, but never let yourself be defeated." -Maya Angelou 15. "Never let the fear of striking out keep you from playing the game." -Babe Ruth 16. "Life is never fair, and perhaps it is a good thing for most of us that it is not." -Oscar Wilde 17. "The only impossible journey is the one you never begin." -Tony Robbins 18. "In this life we cannot do great things. We can only do small things with great love." -Mother Teresa 19. "Only a life lived for others is a life worthwhile." -Albert Einstein 20. "The purpose of our lives is to be happy." -Dalai Lama 21. "Life is what happens when you're busy making other plans." -John Lenno 22. "You only live once, but if you do it right, once is enough." -Mae West 23. "Live in the sunshine, swim the sea, drink the wild air." -Ralph Waldo Emerso 24. "Go confidently in the direction of your dreams! Live the life you've imagined." -Henry David Thoreau 25. "The greatest glory in living lies not in never falling, but in rising every time we fall." -Nelson Mandela 26. "Life is really simple, but we insist on making it complicated." -Confucius 27. "May you live all the days of your life." -Jonathan Swift 28. "Life itself is the most wonderful fairy tale." -Hans Christian Andersen 29. "Do not let making a living prevent you from making a life." -John Wooden 30. "Life is ours to be spent, not to be saved." -D. H. Lawrence 31. "Keep smiling, because life is a beautiful thing and there's so much to smile about." -Marilyn Monroe 32. "Life is a long lesson in humility." -James M. Barrie 33. "In three words I can sum up everything I've learned about life: it goes on." -Robert Frost 34. "Love the life you live. Live the life you love." -Bob Marley 35. "Life is either a daring adventure or nothing at all." -Helen Keller 36. "You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose." -Dr. Seuss 37. "Life is made of ever so many partings welded together." -Charles Dickens 38. "Your time is limited, so don't waste it living someone else's life. Don't be trapped by dogma — which is living with the results of other people's thinking." -Steve Jobs 39. "Life is trying things to see if they work." -Ray Bradbury 40. "Many of life's failures are people who did not realize how close they were to success when they gave up." -Thomas A. Edison 41. "The secret of success is to do the common thing uncommonly well." -John D. Rockefeller Jr. 42. "I find that the harder I work, the more luck I seem to have." -Thomas Jefferson 43. "Success is not final; failure is not fatal: It is the courage to continue that counts." -Winston S. Churchill 44. "The way to get started is to quit talking and begin doing." -Walt Disney 45. "Don't be distracted by criticism. Remember — the only taste of success some people get is to take a bite out of you." -Zig Ziglar 46. "Success usually comes to those who are too busy to be looking for it." -Henry David Thoreau 47. "I never dreamed about success, I worked for it." -Estee Lauder 48. "Success seems to be connected with action. Successful people keep moving. They make mistakes but they don't quit." -Conrad Hilton 49. "There are no secrets to success. It is the result of preparation, hard work, and learning from failure." -Colin Powell 50. "The real test is not whether you avoid this failure, because you won't. It's whether you let it harden or shame you into inaction, or whether you learn from it; whether you choose to persevere." -Barack Obama 51. "The only limit to our realization of tomorrow will be our doubts of today." -Franklin D. Roosevelt 52. "It is better to fail in originality than to succeed in imitation." -Herman Melville 53. "Successful people do what unsuccessful people are not willing to do. Don't wish it were easier; wish you were better." -Jim Rohn 54. "The road to success and the road to failure are almost exactly the same." -Colin R. Davis 55. "I failed my way to success." -Thomas Edison 56. "If you set your goals ridiculously high and it's a failure, you will fail above everyone else's success." -James Cameron 57. "If you really look closely, most overnight successes took a long time." -Steve Jobs 58. "A successful man is one who can lay a firm foundation with the bricks others have thrown at him." -David Brinkley 59. "Things work out best for those who make the best of how things work out." -John Wooden 60. "Try not to become a man of success. Rather become a man of value." -Albert Einstein 61. "Don't be afraid to give up the good to go for the great." -John D. Rockefeller 62. "Always bear in mind that your own resolution to success is more important than any other one thing." -Abraham Lincoln 63. "Success is walking from failure to failure with no loss of enthusiasm." -Winston Churchill 64. "You know you are on the road to success if you would do your job and not be paid for it." -Oprah Winfrey 65. "If you want to achieve excellence, you can get there today. As of this second, quit doing less-than-excellent work." -Thomas J. Watson 66. "If you genuinely want something, don't wait for it — teach yourself to be impatient." -Gurbaksh Chahal 67. "The only place where success comes before work is in the dictionary." -Vidal Sassoon 68. "If you are not willing to risk the usual, you will have to settle for the ordinary." -Jim Rohn 69. "Before anything else, preparation is the key to success." -Alexander Graham Bell 70. "People who succeed have momentum. The more they succeed, the more they want to succeed and the more they find a way to succeed. Similarly, when someone is failing, the tendency is to get on a downward spiral that can even become a self-fulfilling prophecy." -Tony Robbins 71. "Believe you can and you're halfway there." -Theodore Roosevelt 72. "The only person you are destined to become is the person you decide to be." -Ralph Waldo Emerson 73. "I've learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel." -Maya Angelou 74. "The question isn't who is going to let me; it's who is going to stop me." -Ayn Rand 75. "Winning isn't everything, but wanting to win is." -Vince Lombardi 76. "Whether you think you can or you think you can't, you're right." -Henry Ford 77. "You miss 100% of the shots you don't take." -Wayne Gretzky 78. "I alone cannot change the world, but I can cast a stone across the water to create many ripples." -Mother Teresa 79. "You become what you believe." -Oprah Winfrey 80. "The most difficult thing is the decision to act, the rest is merely tenacity." -Amelia Earhart 81. "How wonderful it is that nobody need wait a single moment before starting to improve the world." -Anne Frank 82. "An unexamined life is not worth living." -Socrates 83. "Everything you've ever wanted is on the other side of fear." -George Addair 84. "Dream big and dare to fail." -Norman Vaughan 85. "You may be disappointed if you fail, but you are doomed if you don't try." -Beverly Sills 86. "Life is 10% what happens to me and 90% of how I react to it." -Charles Swindoll 87. "Nothing is impossible, the word itself says, ‘I'm possible!'" -Audrey Hepburn 88. "It does not matter how slowly you go as long as you do not stop." -Confucius 89. "When everything seems to be going against you, remember that the airplane takes off against the wind, not with it." -Henry Ford 90. "Too many of us are not living our dreams because we are living our fears." -Les Brown 91. "I have learned over the years that when one's mind is made up, this diminishes fear." -Rosa Parks 92. "I didn't fail the test. I just found 100 ways to do it wrong." -Benjamin Franklin 93. "If you're offered a seat on a rocket ship, don't ask what seat! Just get on." -Sheryl Sandberg 94. "I attribute my success to this: I never gave or took any excuse." -Florence Nightingale 95. "I would rather die of passion than of boredom." -Vincent van Gogh 96. "If you look at what you have in life, you'll always have more. If you look at what you don't have in life, you'll never have enough." -Oprah Winfrey 97. "Dreaming, after all, is a form of planning." -Gloria Steinem 98. "Whatever the mind of man can conceive and believe, it can achieve." -Napoleon Hill 99. "First, have a definite, clear practical ideal; a goal, an objective. Second, have the necessary means to achieve your ends; wisdom, money, materials, and methods. Third, adjust all your means to that end." -Aristotle 100. "Twenty years from now you will be more disappointed by the things that you didn't do than by the ones you did do. So, throw off the bowlines, sail away from safe harbor, catch the trade winds in your sails. Explore, Dream, Discover." -Mark Twain

Lawyer Caught Using ChatGPT in Court to Argue- Know What Happened Next Artificial intelligence is a topic that is frequently discussed nowadays. It will keep you entertained if you use it in a humorous manner. But is it appropriate to rely entirely on it for everything? This is an open question. People are currently raising numerous concerns about the use of artificial intelligence. Some argue that it is not suitable for humans. Many, on the other hand, believe that if used correctly, it can be extremely beneficial. Recently, news from New York surfaced regarding the use of artificial intelligence. In this case, a lawyer used ChatGPT to help him with his case. But it didn’t work out. The lawyer was unaware that ChatGPT does not provide answers based on facts. The lawyer received incorrect information from the machine. On that basis, he presented an argument in court. The judge chastised the lawyer for wasting the court’s time on irrelevant facts. Steven’s case included six incidents that occurred between 1999 and 2019. On the basis of these, Steven requested that the client’s case not be dismissed. However, neither the airline’s lawyer nor the judge were given any information about the case. When Steven was asked about these cases, he stated that he had used ChatGPT for the case and obtained information about them from him. Steven claimed in his defence after being reprimanded by the judge that he was unaware that ChatGPT was providing false information. Following this case, questions about artificial intelligence began to emerge.

Out of 25 High Courts 9 HCs are Unrepresented in Supreme Court June 28, 2023 Recently, the Collegium showed a willingness to prioritize regional representation over seniority. This was seen when the Chief Justice of the Allahabad High Court, who ranked higher in seniority, was overlooked in favor of a judge from the High Court of Chhattisgarh, which had no representation in the Supreme Court. As of June 2023, there are 31 sitting judges in the Supreme Court. Nine out of the 25 high courts have one judge representing them in the Supreme Court. These include the Gauhati, Madhya Pradesh, Kerala, Chhattisgarh, Uttarakhand, Patna, Telangana, and Himachal Pradesh High Courts. The Delhi and Allahabad High Courts have the highest representation in the Supreme Court, with four judges each. The Bombay and Karnataka High Courts follow with three judges each. The Punjab & Haryana, Calcutta, and Gujarat High Courts are represented by two judges each. The Madras High Court has one judge, while nine high courts have no representation in the Supreme Court. It is worth mentioning that two sitting judges of the Supreme Court, Justice P.S. Narasimha and K.V. Viswanathan, were elevated directly from the bar. Both judges are expected to become Chief Justices in the future.

Adipurush Ban: Allahabad HC Issues Notice to Manoj Muntashir, Asks Centre Whether It Will Take Any Action in Public Interest June 27, 2023 The Allahabad High Court at Lucknow on Tuesday issued notices to Manoj Muntashir, who is Dialogue Writer of Adipurush movie, while dealing with two PIL pleas filed against the exhibition of the film Adipurush.  In a hearing today, the Court asked the Union of India whether it is considering taking action under Section 6 of the Cinematograph Act, 1952, to protect the public interest.  This provision enables the government to call for the record of any proceeding pending before or decided by the Central Board of Film Certification.  The Court also allowed an application to include Manoj Muntashir Shukla, the dialogue writer of the film, as a party respondent in one of the PIL pleas and directed for notice to be issued to him.  The Court criticized the filmmakers of Adipurush for depicting religious characters like Lord Rama and Lord Hanuman in an objectionable manner.  It noted that the CBFC should have taken action while granting certification for the film.  The petitioner’s counsel drew the Court’s attention to objectionable coloured photographs of some parts of the film and guidelines for certification of films for public exhibition issued under Subsection 2 of Section 5-B of the Cinematograph Act, 1952.  The petitioners argued that the film may adversely affect the sentiments of people who worship Lord Rama, Devi Sita, Lord Hanuman, etc., and would create disharmony in society. 

Case Title: Sunita et al. v. Vijay Pali Bench: Justice Swaran Kanta Sharma Citation: CRL. Rev. P. 161/2018 The Delhi High Court on Thursday held that, once a petition under section 125 CrPC has been pronounced, a subsequent petition cannot be entertained, arising out of the same dispute as the earlier one under section 125 CrPC. arising out of the issues already settled in the petition filed. A bench of Justice Swaran Kanta Sharma was considering the revision petition challenging the order passed by the Family Court, which had dismissed the maintenance application filed by the petitioner on the ground of Corres Judicata. In this case, the marriage was solemnized between Petitioner No.1 and Respondent No.1. Since the time of the separation, the parties have been involved in several lawsuits. Out of which one such case was registered under section 125 of CrPC. The second petition was filed by the petitioner under section 125 of CrPC. To direct the respondent to pay Rs. 20,000/- per month in favor of the petitioner no. 1 and also to pay an amount of Rs. 10,000/- per month in favor of the petitioner no. The issue of consideration before the bench was: However, the said case was dismissed by judicial decision on the ground that before filing the said petition, the petitioner along with his two children filed a petition under section 125 of CrPC before the court of ACJM, Gurgaon, Haryana. Had it. Where once a favorable order has been passed on the merits u/s 125 Cr.P.C, can a subsequent petition u/s 125 Cr.P.C be filed? The bench observed that “a petition under section 125 of CrPC, by virtue of its universal applicability, shall be covered by the principle of justice. Once a petition has been adjudicated under section 125 of the CrPC, favorably by a court of competent jurisdiction on the merits, a subsequent petition cannot be preferred which is a similar dispute having similar circumstances and grounds. as laid down in the petition filed earlier under section 125 CrPC. The High Court observed that the doctrine of res judicata evolved to prevent plurality of litigation in respect of a single issue and eliminates the issue of having a final adjudication ensuring finality in litigation. This ensures abuse of the process of law and deprives a litigant of access to the courts of repeatedly aggravating issues which have become final between the parties after the court of law has decided on the basis of merit. In view of the above, the High Court dismissed the petition.

Recently, The Chattisgarh HC stated that mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together. The bench of Justices Goutam Bhaduri and Radhakishan Agrawal was dealing with the appeal challenging the judgment and decree passed by the Additional Principal Judge, Family Court, whereby the petition filed by the wife/respondent for grant of decree of divorce was allowed. In this case, It is alleged by the wife/respondent that soon after the marriage, she was being tortured and harassed mentally and physically on different occasions by the appellant/husband in connection with the demand for dowry. Even during her pregnancy, she was ill-treated by her husband and dropped at her parental home. The husband also levelled false allegations on her character and on that ground sought divorce by filing a petition under Section 13 of the Act, 1955 which was subsequently dismissed by the Court. She filed a complaint case under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and an application under Section 125 of Cr.P.C. for a grant of maintenance and also lodged a report under Section 498-A of IPC against him. The Family Court by the impugned judgment and decree allowed the suit and dissolved the marriage performed between the parties. The issue for consideration before the bench was: Whether the order passed by the Family Court needs interference or not? High Court referred to the case of V. Bhagat v. D. Bhagat, where it was held that mental cruelty in Section 13(1) (i-a) can broadly be defined as that conduct which inflicts upon the other party such mental pain and suffering as would make it not possible for that party to live with the other. In other words, mental cruelty must be of such a nature that the parties cannot reasonably be expected to live together. The situation must be such that the wronged party cannot reasonably be asked to put up with such conduct and continue to live with the other party. What is cruelty in one case may not amount to cruelty in another case. It is a matter to be determined in each case having regard to the facts and circumstances of that case. The bench noted that the husband and wife lodged criminal cases against each other, and the appellant used to doubt the character of the wife saying that she was having an affair with one Pankaj Agrawal even prior to the marriage. During the period of pregnancy also, when the wife was staying at her parental house at Belgahna, the appellant visited there, abused them filthily and extended a threat to kill them whereupon a report was lodged by the wife under Sections 294, 506-B read with Section 34 of IPC. High Court stated that the manner in which the husband treated the wife while she was residing with him & even while she was living at her parental house, it is evident that the husband subjected her to cruelty which forced her to leave her matrimonial home & stay at her parental home since 2014. Being so, the finding arrived at by the Court below granting a decree of divorce in favour of the wife does not call for any interference. In view of the above, the bench dismissed the appeal. Case Title: Sohil Agrawal v. Smt. Anjali Agrawal Bench: Justices Goutam Bhaduri and Radhakishan Agrawal Case No.: FAM No. 110 of 2018 Counsel for the appellant: Mr. Manish Nigam Counsel for the respondent: Mr. Sanjay Agrawal and Ms. Priyanka Shrivastava

The Delhi High Court has ruled that a daughter-in-law does not have an indefeasible right in a “shared household” and that the in-laws cannot be excluded from the same. The court was hearing a plea moved by a daughter-in-law against her husband and in-laws who were senior citizens, challenging an order passed by the Divisional Commissioner on March 31. After the in-laws preferred an eviction petition under the Senior Citizens Act, the District Magistrate in September last year directed the eviction of the daughter-in-law from a 3 BHK floor in the South Extension area. The Divisional Commissioner allowed the appeal and set aside her eviction. However, the in-laws were also permitted to live on the property along with the daughter-in-law. Dispensing the plea, Justice Prathiba M Singh said that the stand of the daughter-in-law that the in-laws should not be allowed to live on their own property was “completely contrary to the settled understanding on the subject.” The court thus directed the daughter-in-law and her son to occup

Good News For Judicial Officers- Supreme Court Orders Pay Hike From 1 Jan 2016; Arrears to be Paid by 30 June 2023 The Supreme Court on Wednesday ordered the implementation of the enhanced pay scales recommended by the Second National Judicial Pay Commission from January 1, 2016. A bench of Chief Justice of India NV Ramana, Justice Krishna Murari and Justice Hima Kohli directed the Center and states to pay the dues of officers in three instalments: 25% in three months, 25% in three months and the balance amount on June 30. till 2023. The Supreme Court also said that it was important to revise the pay structure immediately as judicial officers were not covered by the pay commissions set up by the state and the Centre. The Supreme Court issued the directions while considering the petition of All India Judges Association for constitution of an All India Judicial Commission to review the service conditions of District Judiciary Judges. On January 6, 2022, the Court held that the two issues pending for consideration were the pay scales for the subordinate judiciary and pension/retirement benefits. The Supreme Court established the second National Judicial Pay Commission in 2017 to review the pay scales and other conditions of judicial officers of subordinate judiciary across the country. Good news for judicial officers- Supreme Court has ordered an increase in salary from January 1, 2016 on the recommendation of the Judicial Commission; Dues will be paid by 30 June 2023

Recently the Chief Justice of India N V Ramana stated that the “increasing number of media trials” are proving to be impediments to justice, and that “Kangaroo Courts” run by the media are harming the democracy’s health. “I urge the media, particularly the electronic and social media, to behave responsibly,” he said at the inaugural lecture in Ranchi in honour of Justice Satya Brata Sinha. Similarly, Justice Krishan Pahal of Allahabad High Court while rejecting bail to the prime accused in Lakhimpur Kheri violence case observed in his order: “Now the problem has been multiplied by the electronic and social media especially with the use of tool kits. At various stages and forums, it has been seen that ill-informed and agenda driven debates are being undertaken by media running Kangaroo Courts.“ What exactly is a Kangaroo Court? The Oxford Dictionary defines it as “an unofficial court held by a group of people to try someone suspected of a crime or misdemeanour, especially without good evidence.” As per Merriam Webster’s Dictionary: Kangaroo Court is a mock court in which the principles of law and justice are disregarded or perverted ORa court characterized by irresponsible, unauthorized, or irregular status or procedures In a less literal sense, it refers to proceedings or activities in which a decision is made in an unfair, biassed, and unjust manner. It is said that the kangaroo courts gained their name from their early quick and unpredictable movement from one location to another, or that they were somehow related with “jumping” (i.e., unlawfully occupying) mining claims. Kangaroo courts first appeared in the United States at the time of the 1849 California Gold Rush, and the term was first used in the southwestern United States. It first appeared in print in 1853 in a Texas book. In a Sydney Morning Herald article, Roly Sussex, Emeritus Professor of Applied Language Studies at the University of Queensland, stated, “The term first appeared in California, around 1849-1850.” At the time, there were approximately 800-1,000 Australian prospectors digging for gold. Locals quickly learned that (our forefathers) would occasionally make unofficial decisions.” Sussex contends that these people may have devised their own, fair or unfair, systems for deciding on claims to land where deposits were discovered. Another theory relates to the animal’s unusual hopping movement as well as the historical aspect. The phrase could have been used to describe proceedings in the same era, “often held by mutineers or prisoners,” including “dodgy practises by itinerant judges hopping from one jurisdiction to another,” according to Steven Poole, a journalist who writes about language and its usage over time, in The Guardian. Why the term “Kangaroo Court” is used in India? The usage of term “Kangaroo Court” in India is related to rising impact of Social and Online Media, which is not regulated very effectively. The Twitter, Facebook and other Social Media platforms are being used to judge people and create a opinion on any issue. Similarly it is being used to give Judgments/verdicts in those cases which are before the Court of Law and such verdict of “Kangaroo Courts” are usually based on ethinicity, religion and gender of the person who is being tried by such courts.

The AllahabadS. 18 (3) JJ Act | Magistrate has No Power to Retain the File After Declaring the Accused as Juvenile: Allahabad HC HC on Wednesday stated that the magistrate has no power to retain the file after declaring the accused as juvenile. The bench of Justice Shekhar Kumar Yadav was dealing with the application filed to quash the impugned order passed by ACJM, Khurja, District Bulandshahar in connection with Criminal Case registered under Sections 419, 420, 467, 468, 471 and 120-B IPC. In this case, the opposite party no.2 lodged the FIR against unknown persons alleging that on false promise of obtaining NOC from Pollution Board, U.P. to run his cold storage, the informant/opposite party no.2 was duped of Rs.40 lakh by unknown person, who asked him to make deposit the said amount into some bank account, where after the OSD of Chief Minister was promised to help him.  The informant/opposite party no.2 issued three cheques. Total Rs. 40 lakh has been deposited by the informant/opposite party no.2. When the informant/opposite party no.2 has inquired about the said account, it was found that the said account is opened in the name of Narendra Singh s/o Anil Singh. Since then the informant/opposite party no.2 has contacted several times but the accused person has not responded. High Court looked into Sections 18 (3) and 19 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and observed that as per terms of Section 18 (3) of the Act, 2015, the Magistrate has no power to retain the file after declaring the applicant-accused as juvenile and the trial of any accused/delinquent juvenile, who is assessed to be tried as an adult, can only be held before the Children’s Court/ POCSO Court in terms of Section 18 (3) of the Act, 2015. The bench stated that the accused-applicant was 16 years 9 months and 7 days at the time of the commission of 5 of 7 alleged offence, hence, the accused-applicant was declared juvenile vide order dated 18.05.2022 passed by Juvenile Justice Board. After declaring the accused applicant a juvenile, the Principal Magistrate has rightly requested the Additional Chief Judicial Magistrate to pass appropriate order for sending the matter to the Juvenile Justice Board/Children’s court, but the Additional Chief Judicial Magistrate without giving any heed, rejected the same observing that as the file of the instant case has been transferred to his court, therefore, he will continue to hold the trial proceeding.

Section 125 CrPC: Wife Denying to Undergo DNA Test on Dispute of Legitimacy of Child Raised by Husband is Not Sufficient to Draw Any Adverse Inference Against Wife, Rules Bombay HC Case Title: Namdeo v. Seema Bench: Justice Kishore C. Sant Case No.: CRIMINAL WRIT PETITION NO. 271 OF 2017 Counsel for the petitioner: Mr. Ravindra V. Gore Counsel for the respondent: Mr. Sandip R. Andhale The Bombay HC on Saturday stated that the wife declining to go for a DNA test is not sufficient to draw an adverse inference against her. The bench of Justice Kishore C. Sant was dealing with the petition challenging the order passed by the Additional Sessions Judge thereby dismissing the revision application. In this case, Respondent No.1-wife filed an application under section 125 of the Cr.P.C. seeking maintenance for herself and her daughter, who was aged 5 ½ months at the time of filing of the application. It is the case of the wife that the husband did not maintain her well and drove her out of the house. She delivered a daughter. However, inspite of that the petitioner-husband is not taking care to maintain the wife and the daughter. The case of the husband is that the girl child of the respondent-wife is not from him and he is not the biological father of the child. Inspite of this, he had made attempts to bring his wife home, but it is the wife, who is not ready to come for co-habitation. She had relations with some other person. Thus, the case of the petitioner-husband is that he is not liable to pay maintenance. The Trial Court has held that there is no sufficient evidence to show that the husband is not the biological father of the child. The Trial Court placed reliance on section 112 of the Evidence Act to hold that the child is born during the subsistence of the marriage and therefore the child is presumed to be born from the husband. The order passed by the Trial Court is challenged by the husband by filing a revision in the Court of Sessions Judge which was dismissed. The issue for consideration before the bench was: Whether the order passed by the Trial Court needs interference or not? The bench observed that the husband and wife both made a joint application to the Forensic Science Laboratory for conducting such a DNA test. The report of Forensic Lab has excluded the father to be the biological father of the child. Second time the test was conducted, which again confirmed that the husband was not the biological father of the child. Again at the request of the wife, DNA test was directed to be conducted at the Central Forensic Laboratory, Ministry of Home Affairs, Government of India at Hyderabad. Again the said report confirmed that the husband was not the biological father of the child. High Court stated that it needs to be seen that since the beginning it is case of the petitioner husband that respondent No.2 child is not his child. Even in the say filed in the Trial Court, he had taken this ground. The Trial Court while deciding the application considered the presumption under section 112 of the Evidence Act. The Trial Court had considered the case of Nandlal Wasudeo Badwaik v. Lata Nandlal Badwaik & Another. Thus, it is clear that before the Trial Court, it was a defence of the husband that the child is not born to him. After considering all the aspects, the Trial Judge allowed the application and ordered to grant maintenance. The bench noted that in the Sessions Court, the specific ground is taken about the legitimacy of the child. Not only that the petitioner has justified as to why he has not filed an application for DNA test but also relied upon the answer given by the respondent-wife that she is not ready to go for DNA test. High Court opined that mere submission that the question was asked in cross-examination to wife that whether she is ready to go for DNA test, where she has answered that she is not ready itself would not be sufficient to draw an adverse inference against the wife. The bench stated that the argument of husband that the he is not his biological daughter cannot be now accepted, firstly, there is no separate application filed by him neither in the Trial Court, nor before the Revisional Court, secondly, no case is made out by the petitioner-husband to direct DNA test. Both the Courts below have rightly observed that no case is made out by the husband to show that for the period of 280 days before the delivery of child, there was no access to him with his wife. In view of the above, the High Court dismissed the petition.

Case Title: Sanjeet Kumar and another v. Manjeet Kumar Bench: Justices Ritu Bahri and Ashok Kumar Verma Citation: FAO-3546-2021 (O&M) Punjab and Haryana HC Recently, the Punjab and Haryana HC ruled that one biological parent can give adoption to the step-parents out of which one of them can be a biological father or biological mother. The bench of Justices Ritu Bahri and Ashok Kumar Verma stated that “application for adoption of a child cannot be dismissed merely on the ground that a biological mother cannot become a mother in dual status i.e., a biological mother as well as an adoptive mother.” In this case, Manjeet Kumar (Respondent) was married to Renu (appellant No. 2) and a child was born. Later on, Manjeet Kumar and Renu got a divorce. Thereafter, Renu, solemnized her second marriage with Sanjeet Kumar (appellant No. 1). Both Sanjeet Kumar and Renu, filed an application under Section 56 of the Act read with Regulations 52(4) and 55(2) of the Adoption Regulations, for the adoption of a child, aged about 7 years daughter of Manjeet Kumar. High Court looked into the guidelines framed for the adoption of a child by the Ministry of Women and Child Development. As per, as per sub-clause (1) of Regulation 52, the couple which includes step-parents and one of the biological parents shall register in Child Adoption Resource Information and Guidance System with the required documents as mentioned in Schedule VI. High Court stated that “for all intents and purposes one biological parent can give adoption to the stepparents out of which one of them can be a biological father or biological mother. In the present case, all the required documents as per Schedule XX have been attached with the application and their application cannot be dismissed merely, on the ground that a biological mother cannot become a mother in dual status i.e., a biological mother as well as an adoptive mother.” High Court observed that as per Regulation 55, the definition of an adoptive parent has clearly been given in sub-clause (2) and Regulation 52 (1) includes the biological parent to be an adoptive parent. In view of the above, High Court allowed the appeal and set aside the impugned order.

1. The Protection of Children from Sexual Offences Act (POSCO ACT) was formed in 2012 to protect children below the age of 18 years from serious crimes like sexual abuse, sexual harassment, and pornography. 2. This Act also intends to provide a child-friendly system for the trial of these offenses. 3. Under the POSCO Act it is the duty of the Police to report any offenses related to a child to the Child Welfare Committee inside 24 hours so that the Child Welfare Community can take necessary steps for the security and safety of the concerned minor. 4. There is a provision for medical examination of the child under this act. Doctors should conduct these medical examinations under the guidance of the concerned minor parents or guardians or anyone the child trusts in such a way that it inflicts the minor as minimum pain as possible. If the victim is a girl child, then only a female doctor should do the medical examination. 5. The Court must do the hearing of the cases that comes under the POSCO Act in a closed room and it is also important to keep the concerned child’s identity secret. 6. A Special Court determines the amount of compensation to be paid to the child. 7. POSCO Act makes Provisions of the following punishment; 1. Punishment for raping a girl below the age of 12 years is death. 2. Punishment for raping a girl below 16 years of age is imprisonment for a minimum of 10 years and a maximum of 20 years. 8. Any kind of sexual behaviour towards a child of 18 years of age or below comes under the purview of this law. This law provides equal security to male and female children. 9. If a person uses his private part against a body part of a child, then under Section 3 this is considered a serious crime. POSCO Act specifies punishment for this crime under Section 4 which ranges from 7 years to life imprisonment. 10. If a criminal commits a crime that comes under any other law than the POSCO Act, then the culprit will be under the law that is more severe. 11. If a person touches the private part of a minor or forces a minor to touch their private part, then this will be considered a serious crime under Section 8 and they will be imprisoned for 3–5 years. 12. If a person does any kind of sexual act in front of a minor or forces a minor into doing any kind of sexual act or forces the minor to watch pornography, then they could be punished with a minimum of three years of imprisonment to a maximum of life imprisonment. 13. There is also a provision under the POSCO act that specifies if an adult knows of the sexual abuse suffered by a minor then they have to report it to the nearest Police Station and if they do not do so they can be imprisoned up to 6 months.

हाल ही में सोशल मीडिया पर वायरल हुए एक वीडियो में एक जज और एक वकील हिंदी और अंग्रेजी भाषा को लेकर बहस करने लगते हैं। जानकारी के मुताबिक पूरा मामला तब शुरू हुआ जब एक वकील ने अपनी याचिका अंग्रेजी में देने से इनकार कर दिया। जज वीडियो में कहते हैं, ‘आपने फिर अपनी याचिका हिंदी में दी है।’ मुझे हिंदी समझ नहीं आती। अधिवक्ता जवाब देते हैं, “यह रोना है, सर, कि मैं भी अंग्रेजी नहीं समझ सका।” न्यायाधीश ने जवाब दिया, “मैं आपकी याचिका को अस्वीकार करता हूं।” मैं इसे करूँगा। अधिवक्ता ने कहा, “सर, पूर्ण पीठ को खारिज किया जाता है।” पूरी बेंच हिंदी का समर्थन करती है।” इस पर जज ने कहा, “आपका केस खत्म हो गया है, मैंने अगला केस बुलाया है।” अधिवक्ताओं का कहना है, ‘सर, नियम तो सुनकर ही आगे बढ़ना है।’ ऐसा कोई नियम नहीं है जो कहता है कि आप बिना सुने आगे बढ़ सकते। आज भी पटना हाई कोर्ट के सभी जज सुन रहे हैं। हुजूर अब अनुवाद का अनुरोध कर रहे हैं। अनुवाद विभाग देश की आजादी के पहले से ही यहां है। हम और हमारे मुवक्किल उन्हें मिलने वाले वेतन को आपस में बांट लेते हैं। अनुवाद के लिए हुज़ूर से पूछने का क्या मतलब है? मैं सच बोल रहा हूँ। हम अंग्रेजी अनुवाद प्रदान करने में असमर्थ हैं क्योंकि हुजूर ने इसका अनुरोध किया है। हम एक खंडपीठ के आदेश को प्रदर्शित कर रहे हैं, और उसके आलोक में आदेश पारित किया जाना चाहिए। सोशल मीडिया पर इस वक्त एक वकील का हिंदी बोलते हुए वीडियो वायरल हो रहा है। वैसे तो साफ है कि लोग हर जगह तेजी से अंग्रेजी का इस्तेमाल कर रहे हैं।

Child Custody Orders Are Always Interlocutory Orders, Can be Altered Keeping in Mind Interest of Child: Patna HC In a recent ruling, the Patna High Court set aside a custody order issued by the Family Court, Patna, and emphasized the paramount importance of the welfare of the child involved. The judgment was delivered by Justice Sunil Dutta Mishra on May 15, 2023. The case revolved around Ranjan Kumar Gupta, the petitioner, and Puja Devi, the respondent, who were married on December 15, 2010. The couple had a daughter together on February 7, 2012. However, due to ongoing disputes and a breakdown in their relationship, both parties agreed to seek a divorce through a joint petition under Section 13-B of the Hindu Marriage Act, 1955. Under their agreement, the petitioner was to pay Rs. 5 lakhs as a settlement to the respondent, and the minor girl would reside with the father. Following the payment of the agreed amount on March 5, 2016, the petitioner took custody of the child. Disputes arose between the parties after the payment, leading the respondent to file a petition seeking custody of their minor daughter. The petitioner opposed the petition, alleging that the respondent had harassed him and his family members after receiving the payment. Matters escalated further when the respondent requested the withdrawal of her consent for mutual divorce, expressing a desire to reunite with her husband. In response, the petitioner sought the return of his entire payment. On January 31, 2017, the Family Court, Patna, passed an order directing the respondent to refund the Rs. 5 lakhs to the petitioner and mandated the petitioner to transfer custody of the minor child to the respondent. Dissatisfied with this decision, the petitioner approached the Patna High Court, arguing that the lower court had failed to consider the child’s welfare and that, as the child’s natural guardian, he had provided the necessary care, love, and affection. The court acknowledged the significant time that had elapsed since the initial custody order was issued, noting the changed circumstances.  The court emphasized that “the welfare and best interests of the child must always take precedence over the rights of the parents involved.” Also Read