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INTERNET INTERMEDIARIES LIABLE TO ASSIST GOVT ?- SC

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INTERNET INTERMEDIARIES LIABLE TO ASSIST GOVT ?- SC BY- SHANIKA SHUKLA BACKGROUND Article 21 of the Indian constitution provides protection of life and liberty of citizens as well as a non-citizen. The right to privacy is also among the several rights included in this article. The right to privacy is not absolute. Section 69 of the information technology act of 2000 grants the central government, the power to impose reasonable restriction on this and intercept, decrypt or monitor internet traffic or electronic data whenever there is a threat to national security, national integrity, security of state and friendly relation to other countries  or in interest of public order and decency.  In 2008, a bill was passed making a major amendment in this section. The amendment gave the authorities the power to ‘interception or monitoring or decryption of any information’. It also included provision-addressing issues like child porn, cyber terrorism, and voyeu
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Failing to Protect Bengaluru Lakes from Contamination

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Failing to Protect Bengaluru Lakes from Contamination AZRA RIZVI  Background The Principal Bench, New Delhi has issued a warning to the Additional Chief Secretary (Urban Development), Karnataka, Commissioner, Bruhat Bengaluru Mahanagara Palike (BBMP), Commissioner, Bengaluru Development Authority (BDA), Chairman, BWSSB and the Member Secretary, State Pollution Control Board (PCB) after the National Green Tribunal (NGT) surveyed that there is failing to Protect Bengaluru Lakes from Contamination. A huge amount of untreated sewage and effluents are discharged in water bodies at Bengaluru - Bellandur lake, Agara lake and Varthur lake from residential, commercial and industrial buildings which has led to severe pollution of these water bodies. The water bodies are not only polluted by untreated sewage but also due to the inefficient management of solid waste in violation to the Water (Prevention and Control of Pollution) Act, 1974, particularly Section 25. The Bella
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Courts Should Be Conscious Of Bureaucratic Delays : SC

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Courts Should Be Conscious Of Bureaucratic Delays : SC -Nishtha Singh Background : A bureaucracy refers to an organization which is complex with multilayered systems and processes. These systems and procedures are designed to maintain uniformity and controls within an organization. A bureaucracy describes the established methods in large organizations or governments. It is a system of organization and control that is based on three principles: hierarchical authority, job specialization, and formalized rules. Condonation of Delay is the extension of the prescribed period in certain cases; the particular delay has been defined in Section 5 of the Limitation Act, 1963. It preferred appeal and application and does not include suit as it is an exception to the Bar of Limitation which is defined under the Act. The Doctrine of Delay Condonation doesn’t applies to execution proceedings as it deals with the Criminal Cases. For taking the benefit of this Doctrine
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WHEN CAN A CRIMINAL COURT ORDER RETRIAL-PATNA HC

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WHEN CAN A CRIMINAL COURT ORDER RETRIAL-PATNA HC -RIYA JAISWAL  BACKGROUND : In criminal law, most of the cases never make it to trial let alone retrial. The cases that do go to trial, a small percentage are retried, cases may be retried because of serious errors in the original trial that may have caused an unfair or due to improper result or when significant evidence of innocence comes to light. The 5th Amendment contains the Double Jeopardy Clause, it  guarantees that no person shall be tried twice for the same crime and it will only come into effect if a person is charged with a crime then found innocent and when charged with the same crime again it means that the prosecutor is usually unable to request a retrial unless of some grave mishandling of justice. Usually, the defendant files a motion for a retrial after a guilty verdict. If the judge denies the motion then the defendant may file an appeal to a higher court and ask to overrule the judge a
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ANCESTRAL PROPERTY CANNOT BE SOLD BY NON-LEGAL HEIR - SC

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ANCESTRAL PROPERTY CANNOT BE SOLD BY NON-LEGAL HEIR - SC BY - DEEPAKSHI BHALLA  BACKGROUND Radhanath Kumhar was the owner of agricultural land and a house in Mouza Nalita. Radhanath Kumhar died intestate i.e. died without a will, and his property passed onto his legal heirs and descendants. After the death of Mangal Kumhar, the grandson of Radhanath Kumhar, his widow Etwari Kumharin professed to sell the suit property. Legal Heir of Sonu and Anand(Sonu and Anand are sons of Radhanath Kumhar) filed a case against Etwari Kumharin on the ground that the suit property was Ancestral Property and Etwari Kumharin had no Etwari Kumharin had no right to sell it. READ ALSO :  POCSO: Accused convicted within a month of filing charge sheet CURRENT ISSUE A case was filed against Etwari Kumharin by the legal heirs of late Radhanath Kumhar. According to the plaintiffs, the defendant being non- Legal Heir had no right to sell the suit property as it was Ances
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POCSO: Accused convicted within a month of filing charge sheet

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POCSO: Accused convicted within a month of filing charge sheet RISHI KHANDELWAL BACKGROUND POCSO or The Protection of Children from Sexual Offences Act (POCSO Act) 2012 was established to protect the children against offences like sexual abuse, sexual harassment and pornography. It was formed to provide a child-friendly system for trial underneath which the perpetrators could be punished. The Act defines a child as any person below eighteen years of age. It also makes provisions for avoiding the re-victimization of the child at the hands of the judicial system. Protection of Children from Sexual Offences Act, 2012 received the President’s assent on June 19, 2012. It was notified in the Gazette of India on June 20, in the same year. The Act also makes it mandatory to report such cases. It makes it the legal duty of a person aware of the offence to report the sexual abuse. In case he fails to do so, the person can be punished with six months’ imprisonment or fine. The A
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ACT OF REGISTRY IS NOT AN ACT OF COURT

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ACT OF REGISTRY IS NOT AN ACT OF COURT VIDHI GUPTA  BACKGROUND: Petitioner SR Venkatesh Babu was the highest bidder on the auction process conducted in 2008, in regard to a property in Bengaluru. Since he was the highest bidder, his bid was accepted and on account of acceptance of his bid, he had deposited Rs.77,00,000 with the respondent-registered of the city civil court on January 12, 2009. The registry in terms of the court instruction was executed and got registered a sale deed dated May 3, 2009, in the favour of the petitioner. However the obstructors' application was favoured by the Executing court, a substantial part of the property that was comprised in the sale deed was ordered to be retained by the objectors. Petitioners challenge in the high court was not accepted and only by granting some equitable remedy, petitioner retained that portion of the property over which obstructors had no claim. A rectification deed was executed in 2015 where the
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A Child Of Tender Age Should Be Handled Very Carefully: Delhi HC

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A Child Of Tender Age Should Be Handled Very Carefully: Delhi HC AZRA RIZVI  Background The Delhi High Court refused to grant pre-arrest bail filed by a teacher who was accused of abetment to suicide of a 6 th standard student and gave the judgement that A Child Of Tender Age Should Be Handled Very Carefully. The complainant’s daughter had not only asked the complainant to change her school but had also stated that “ the atmosphere in the school is not good ”. The complainant had assured her daughter that her school would be changed after the end of the session. The suicide letter written by the girl mentions the name of her biology teacher Ritika as well as her class teacher, Aarti Singh. In the evening of 1st December of 2018, the complainant returned back home only to discover her daughter hanging by the ceiling fan. The petitioner, Ritika, has thus been charged with abetment to suicide which is punishable under Section 305 of the Indian Penal Court. Section 305 of
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Indian courts have jurisdiction over domestic violence committed against Indians abroad

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Indian courts have jurisdiction over domestic violence committed against Indians abroad NITISH SHUKLA  Background In the present case of Mohd. Zuber Farooqi Vs. Neelima Akhtar; the petitioner married respondent on 2008 in Lucknow and after that, they both migrated to North Carolina, the USA with the Petitioner. In the year 2012, they both shifted to California. On 2013, Respondent gave birth to male child i.e. Zayan Farooqi. On 2014, Respondent left Petitioner’s home in the USA and went to her brother’s place in Columbus, Indiana USA. The petitioner then filed a divorce and child custody petition in the Superior Court in California. On 2015, the respondent came to India and resided in Meerut. On 06/05/2015, the petitioner gave divorce to the respondent in India. On 2016, Respondent filed a Domestic Violence case under Section 12 of Protection of Women from Domestic Violence Act, 2005 before the Metropolitan Magistrate Court, Mulund and maintenance order was passed by th
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BAN ON ELEPHANTS SUGGESTED BY AMICUS CURIAE

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BAN ON ELEPHANTS SUGGESTED BY AMICUS CURIAE  BY- DEEPAKSHI BHALLA BACKGROUND With the state losing its forest cover at a rapid rate and big-time logging activities coming to an end, there started a bizarre trend in the use of frivolous elephant power for religious ceremonies of all communities. Craving for bigger, better and more elephants soon became a matter of prestige for the authorities of various temples. Simultaneously, there arose a trend for brandish elephants for many other events like at educational institutions and for many ceremonies organized by churches and mosques. Soon the craze among the elephant owners to rent out their elephant started. Since the mid-1990's the state started selling its tourist potential successful by enticing advertisement campaigns, tourist has been visiting Kerala to enjoy the elephant ride. Today, the colorful paraphernalia surrounding elephants in Kerela belie a cruel reality. Riding the eagerness to parade more and
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