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Comparison of military strength of India and Pakistan: Who will win? And, What?

Recently Pakistan aided Jaish-e-Mohammad terrorist named ‘Kamal’ killed more than 40 people in a terrorist attack, rammed a vehicle loaded with explosives into a CRPF convoy in Jammu and Kashmir's Pulwama. The attack was second biggest terrorist attack in Indian of all the time. There has also been constant ceasefire violation by Pakistan on the border between the two countries which give spark to war between India and Pakistan.

Here is an analysis of military strength of both the nuclear country. Who will win with what difference if one or both of the countries sees nothing but war is the only option.

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Arrest of police officer in unlawful detention under s 498A

Due to phenomenal increase in matrimonial dispute the Supreme Court in Arnesh Kumar vs State of Bihar & Anr 2014 have passed an order sentencing arrest of police officer for every unlawful detention under section 498A of Indian Penal Code (IPC). The prime objective of s 498A IPC was to combat the menance of the harassment of wife at the hand of her husband or her relative. S 498A was a means to an end of inhumane treatment against woman and therefore sensing the gravity of the offence s 498A constructed cognizable and non-bailable but unfortunately the cause in the course of time has lost it purpose and it has been used more as a weapon than as a shield by disgruntle wives and constantly for one purpose or another husband and his relatives were harassed under this provision. In a report published by National Crime Record Bureau ‘Crimes in India 2012 statistics’ in year 2012, 1,97,762 person all over the India have been arrested u/s 498A of which more than quarter of them were women. It accounts for more than 4.5% of the total crime committed under different sections of Indian Penal Code.

The offence u/s 498A provides for a maximum imprisonment for a term which may be extended upto seven years, with or without fine. However, from the plain reading of s 41(1)(b) CrPC it may be incurred that the person accused of offence punishable with imprisonment for a term which may be less than seven years or which may extend to seven years with or without fine, cannot be arrested by police officer only on its satisfaction that such person had committed the offence punishable as mentioned in the code. The police officer before arrest of the accused must satisfy that such arrest is necessary to prevent such person from committing any further offence; or for proper investigation of the case; or to prevent the accused from altering the evidence; or to prevent such person from making any inducement, threat or promise to a witness so as to dissuade him from disclosing such facts to the court or the police officer; or unless such police officer is arrested his presence in the court cannot be produced. The main purpose such a restriction on the power of arrest of police officer is that, the police officer before making the arrest must put the question to himself, why arrest? Is it really required? What purpose will it serve? What object will it achieve? Only after satisfaction of such a question the police officer shall exercise its power of arrest.

In Anwar Kumar vs State of Bihar 2014 the apex court ensured that police officer do not arrest accused unnecessarily and Magistrate do not authorise detention casually and mechanically and thus directed the state govt to instruct its police officer not to automatically arrest when a case u/s 498A IPC is registered but to satisfy themselves about the necessarily for arrest under the parameters laid down in s 41 CrPC. Notice of appearance shall be served within two week from the date of registration of the case and only after failure of such terms the accused shall be arrested.

The Supreme Court ordered of departmental action against the police officer on the failure to comply with the provision directed in Anwar Kumar case. The police officer may also be arrested for constant disobeying the order of the hon’ble court. It was also stated that authorising unnecessary detention without recording the reason by Magistrate may welcome adverse consequences for the Magistrate.


Indian Army Reciprocated to the Pulwana Terror Attack
Three Jaish terrorists, including a Pakistani commander named ‘Kamran’ of the group involved in the 14th Feb terror attack in Pulwana district, were killed in 16 hour encounter, and an Army major were among eight people lost their life.
Date - 2/18/2019 10:15:34 PM

No such provision that evidence discovered by Police Official if not supported by independent witness is no substance.
"The submission of the learned senior counsel for the appellant that recovery has not been proved by any independent witness is of no substance for the reason that in the absence of independent witness to support the recovery in substance cannot be ignored unless proved to the contrary. There is no such legal proposition that the evidence of police officials unless supported by independent witness is unworthy of acceptance or the evidence of police officials can be outrightly disregarded." Bench: Justice AM Khanwilkar and Justice Ajay Rastogi | Kripal Singh vs. State of Rajasthan
Date - 2/16/2019 12:03:07 PM

Sentence Awarded to run concurrently or consecutively to be decided by Magistrate awarding.
"It was necessary for the Magistrate to have ensured compliance of Section 31 of the Code when she convicted and sentenced the appellant for two offences in a trial and inflicted two punishments for each offence, namely, Section 279 and Section 304-A IPC. . In such a situation, it was necessary for the Magistrate to have specified in the order by taking recourse to Section 31 of the Code as to whether the punishment of sentence of imprisonment so awarded by her for each offence would run concurrently or consecutively.. Indeed, it being a legal requirement contemplated under Section 31 of the Code, the Magistrate erred in not ensuring its compliance while inflicting the two punishments to the appellant. If the Magistrate failed in her duty, the Additional Sessions Judge and the High Court should have noticed this error committed by the Magistrate and accordingly should have corrected it. It was, however, not done and hence interference is called for to that extent." Bench: Justice Abhay Manohar Sapre and Justice Dinesh Maheshwari | Gagan Kumar v. State of Punjab
Date - 2/16/2019 12:02:39 PM

Inability to repay loan amount is not cheating.
“The mere inability of the appellant to return the loan amount cannot give rise to a criminal prosecution for cheating unless fraudulent or dishonest intention is shown right at the beginning of the transaction, as it is this mens rea which is the crux of the offence.” Bench: Justice NV Ramana and Justice Mohan M. Shantanagoudar| Satishchandra Ratanlal Shah vs. State of Gujarat
Date - 2/16/2019 12:01:58 PM

Madras HC directs installation of CCTV cameras in govt. officials’ chambers.
The Madras High Court directed the Internal Complaints Committee (ICC) to look into the sexual harassment allegations against S. Murugan, joint director of the Directorate of Vigilance & Anti-Corruption, on a complaint filed by a woman IPS officer. The court also "strongly recommended" to the Chief Secretary to the State government to install CCTV cameras inside official chambers and office rooms of all higher officials.
Date - 2/15/2019 12:53:52 PM

Not obligatory for States to always follow Dearness Allowance rates revised by Centre.
Bench comprising Justice Indira Banerjee and Justice R. Banumathi in an appeal against Madras High Court order that directed Tamil Nadu Electricity Board to pay Dearness Allowance at the rate of 49% w.e.f. 01.01.2002 to its employees on par with the Central Government employees observed that: "There is no rule or obligation on the State Government to always adopt the Dearness Allowance as revised by the Central Government. It is absolutely not necessary for the State Government to adopt the Dearness Allowance rates fixed by the Central Government. It should be looked from the financial position of the State Government to adopt its own rates/revised rates of Dearness Allowance. The Board, being the State Government undertaking, the money has to come from the State Government."
Date - 2/15/2019 12:53:21 PM

Fulfilment of International Commitments Can’t Be Subject To Petition under Article 32
In a PIL filed by senior advocate Ashvini Kumar for an effective and purposeful legislation to check instances of custodial tortures Supreme Court reserved its judgement and CJI observed that ‘fulfilment of international commitments can’t be subjected to petition under Article 32’.
Date - 2/15/2019 12:51:47 PM

If parity exited for a very long time that doesn't mean it should continue forever.
"It is an undisputed fact that parity had existed between the two allowances for 25 years, but that does not mean that such action of the Government can be taken to mean that the Government should continue such parity in the future also." The bench comprising Justice NV Ramana and Justice Mohan M. Shantanagoudar observed this while setting aside a High Court judgment that directed the Union of India and the Ministries of Defence, External Affairs and Finance, to award parity between the Bhutan Compensatory Allowance payable to the Indian Military Training Team (IMTRAT) posted in Bhutan, and the Foreign Allowance payable to Indian diplomatic personnel serving in Bhutan under the Ministry of External Affairs, Government of India.
Date - 2/15/2019 12:51:07 PM

Center vs State(Delhi), who has power over services?. Matter referred to larger bench.
The Supreme Court bench of Justices A. K. Sikri and Ashok Bhushan was split on the issue of who has powers to appoint and transfer officers of State Public Services under Entry 41, List II of the Constitution of India regarding Delhi. matter to be hear by larger bench of Supreme Court.
Date - 2/14/2019 12:47:20 PM

Two officials dismissed on tempering with order of SC regarding Anil Ambani’s court appearance
The Supreme Court has summarily dismissed two court masters- Manav Sharma and Tapan Kumar Chakraborty- for tampering with the January 7 order directing personal appearance of Reliance Communication's Chairman Anil Ambani.
Date - 2/14/2019 12:45:36 PM

SC reserves its order in contempt plea filed by Ericsson against RCom
The contempt petitions have been filed alleging that RCom violated the undertaking made before court to pay off debts due to Ericsson worth Rs 550 crores. The company has missed the two deadlines of September 30 and December 15, leading to the filing of two contempt petitions. SC reserves order.
Date - 2/14/2019 12:44:38 PM

Death Sentence commuted to Life Imprisonment in case of Rape and Murder of 7.5 years old.
"It is required to be noted that the accused was not a previous convict or a professional killer. At the time of commission of offence, he was 19 years of age. His jail conduct also reported to be good. Considering the aforesaid mitigating circumstances and considering the aforesaid decisions of this Court, we think that it will be in the interest of justice to commute the death sentence to life imprisonment.“ Justice M.R. Shah
Date - 2/14/2019 12:44:11 PM

Minority status of Aligarh Muslim University to be decided by 7 judges bench
Three judges bench of Supreme Court, led by CJI Ranjan Gogoi, referred the issue of determination of correctness of minority status of Aligarh Muslim University to seven judges’ bench. The then UPA-led centre government had filed an appeal against the 2006 verdict of the Allahabad High Court holding that the varsity was not a minority institution. The varsity administration had also filed a separate plea against the high court verdict on the issue.
Date - 2/13/2019 12:28:36 PM

Protest for Lawyers’ interests held throughout the country on 12th February
All India Bar Association called a nationwide protest in country I demand of various facilities for lawyers in India. Lakhs of Lawyers participated in the protest all over country. The Bar Council of India, however, expressed its "dissatisfaction and dismay" at the hollow assurances given by the Centre following a meeting of 21-member lawyers' delegation with Union Law Minister Ravi Shankar Prasad. BCI decided to convene a meeting of representatives of all State Bar Councils, coordination committee of Bar Associations of Delhi & NCR and the other Bar Associations of the country on March 2.
Date - 2/13/2019 12:19:28 PM

Criminal complaint cannot be quashed merely because allegation appears to be of civil nature Justice L. Nageswara Rao and Justice MR Shah said in judgement of case Kamal Shivaji Pokarnekar vs. State of Maharashtra.
Date - 2/13/2019 12:04:07 PM

Two New Additional Judges in Jharkhand HC
President of India has appointed Advocates Sanjay Kumar Dwivedi and Deepak Roshan as Additional Judges of Jharkhand High Court for a period of two years.The Supreme Court Collegium on December 04, 2018 resolved to recommend Sanjay Kumar Dwivedi, and Deepak Roshan, Advocates, be appointed as Judges of the Jharkhand High Court.
Date - 2/13/2019 11:50:32 AM

Delhi High Court dismissed a PIL seeking restrictions on Amazon Prime Video and Netflix contents.
Delhi HC dismissed a plea demanding guidelines for publishing contents on Amazon Prime Video, Netflix and other online media platforms. A bench of Chief Justice Rajendra Menon and Justice V K Rao rejected the petition after the Ministry of Information and Broadcasting informed it that online platforms are not required to obtain any licence from the ministry.
Date - 2/11/2019 2:59:33 PM

Nationwide Lawyers’ Agitation on Feb 12th
Bar Council of India calls nationwide lawyers’ agitation on February 12. The agitation is called in respect of demand of insurance, medical claims, stipend, pension, Advocate Protection Act etc. for lawyers.
Date - 2/11/2019 2:58:59 PM

SC Directs Minority Commission To Decide On Representation Seeking Guidelines For Identifying "Minorities"
The Supreme Court directed the National Commission for Minority (NCM) to take a decision within three months for defining the term 'minority' in the context of state-wise population of a community.
Date - 2/11/2019 2:58:30 PM

The caste is acquired by birth qnd the caste does not undergo a change by virtue of marriage and adoption.
A woman who is born into a scheduled caste or scheduled tribe, on marriage with a person belonging to a forward caste, is not automatically transplanted into the caste of husband by virtue of her marriage. Bombay High Court Kiranlata Wamanrao Sontakke Vs The Divisional Caste Certificate Scrutiny Committee_ Decided on 04/02/2019
Date - 2/6/2019 3:29:52 PM

The Bombay High Court recently had an occasion to remind that consensual homosexual acts between adults, and adultery are no longer criminal offences in India, after the Supreme Court struck down Section 377 and Section 497 of IPC last September.
Date - 2/5/2019 4:11:42 PM

Ban on manufacture, sale of Oxytocin by private cos:
Central government has filed an appeal against the Delhi High Court verdict, which had struck down the ban imposed on the sale, distribution, manufacture and import of Oxytocin by private companies in India.
Date - 2/5/2019 3:36:45 PM

Nursing Council Act of 1947 does not restrict the practice of nursing
“We, therefore, declare that consistent with their fundamental right under Article 19(1)(g) of the Constitution of India, to practice their occupation throughout the territory of India, legislation in the form of the Nursing Council Act of 1947 has not restricted nor does it purport to restrict their practice of nursing once a Degree or Diploma is granted by the State Authority to that State only.” SC
Date - 1/31/2019 12:55:58 PM

Autonomy of Bar can't be confiscated by the Court: SC Quashes Madras HC 'Disciplinary Rules' For Lawyers
The Supreme Court quashed Rules 14- A to 14-D of the Rules of High Court of Madras, 1970 stating they are ultra vires to Section 34 of the Advocates Act and take over the power of the Bar Council in Disciplinary matters.
Date - 1/31/2019 12:55:39 PM

Commercial Suit of 2 crores in Delhi HC to be transferred to District Courts
Delhi High Court issued a circular in respect of transferring Commercial Suits of 2 crores or under to the respective District court. This circular was issued is based on recently passed Commercial Courts, Commercial Division and Appellate Division of High Courts(Amendment) Act 2018.
Date - 1/31/2019 12:55:19 PM

Restitution only applied when there is reversal or variation in order/decree.
"Section 144 applies to a situation where a decree or an order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose. In that situation, the Court which has passed the decree may cause restitution to be made, on an application of any party entitled, so as to place the parties in the position which they would have occupied but for the decree or order or such part thereof as has been varied, reversed, set aside or modified. The court is empowered to pass orders which are consequential in nature to the decree or order being varied or reversed."[MURTI BHAWANI MATA MANDIR REP. (THROUGH PUJARI GANESHI LAL (D) THROUGH LR KAILASH) v. RAMESH and Ors.][SC]
Date - 1/29/2019 1:28:15 PM

No authority can claim a privilege not to comply with a judgment: SC
"CSIR (Council of Scientific & Industrial Research) by reason of its autonomy may have certain administrative privileges. No authority can, however, claim a privilege not to comply with a judgment of this Court. Once the law was enunciated in Dev Dutt's case (supra), all instrumentalities of the State were bound to follow the principles laid down by this Court. CSIR was no exception." Supreme Court said in the judgement of Anil Kumar v. Union of India.
Date - 1/29/2019 1:27:42 PM

Rajasthan C.M bans liquor sale after 8 p.m in State
The newly elected Chief Minister of Rajasthan Ashok Gehlot issued a strict order to stop the liquor sale after 8 p.m in the state. On the violation of the said order, they are liable to penalty, their shops should be sealed, and their license should also be cancelled. And those charging higher amount than the Maximum Selling Price (MSP) are also liable for punishment and strict action would be taken against them as well.
Date - 1/21/2019 3:26:43 PM

CJI Ranjan Gogoi backs himself off from hearing plea challenging Nageswara Rao’s appointment as interim CBI Director
CJI Ranjan Gogoi recused himself from being a part of bench that was to hear a plea challenging appointment of Nageswara Rao as interim CBI Chief. A bench comprising of CJI Ranjan Gogoi and Justice Sanjiv khanna was to hear a PIL filed by an NGO Common Cause challenging the appointment of Nageswara Rao. CJI said “he would be part of the selection Committee meeting to choose the new CBI Director”.
Date - 1/21/2019 3:26:17 PM

Sales tax cannot be imposed on Medicines, implants, consumables, and surgical tools used in Medical Procedures, said by Kerala HC
A bench of Kerala HC comprising Justice K. Vinod Chandran, Justice A. Muhamed Mustaque, and Justice Ashok Menon has ruled that no tax should be levied on Medicines, implants, and other surgical tools or materials that are being used during procedures at hospitals as they do not constitute sale of goods.
Date - 1/21/2019 3:25:51 PM

Carlos Ghosn swears to stay in Japan if he gets bail
Carlos Ghosn is an ousted former boss of Nissan, a Japanese Multinational automobile manufacturer. He was detained in Tokyo, Japan on the charges of financial misconduct. He vowed to remain in Japan if he gets bail and called himself innocent. The previous petitions filed by Carlos concerning bail was rejected by Tokyo District Court saying it is a flight risk to release him on bail as he may try to destroy evidence.
Date - 1/21/2019 3:25:29 PM

Koduvally MLA Karat Razack disqualified by Kerala HC
Koduvally MLA Karat Razack has been disqualified by the Kerala HC for making defamatory remarks in a campaign against his rival UDF candidate M.A Razak during the 2016 Assembly polls. A single-judge bench comprising Justice J.K Abraham Matthew declared the election of MLA Karat Razack void as he was found indulging in various corrupt practices and he has also released a video containing defamatory statements to tarnish the image of rival candidate M.A Razak.
Date - 1/19/2019 4:27:23 PM

Brexit deal proposed by Theresa May rejected by British lawmakers
Brexit deal proposed by the British P.M Theresa May has been rejected by the British Parliament fearing the “backstop” provision. According to the provision, Britain would stop being the part of EU in March 2019. And the trade rules would remain unchanged till 2020.
Date - 1/19/2019 4:26:42 PM

Government allows the appointment of women as jawans in Army’s Military Police
The appointment of women as jawans in the Army’s Corps of Military Police has been approved by the Defence Minister Nirmala Sitharaman. Women are currently working in medical and legal wing of Army. Now, women will be inducted as the jawans and will comprise 20% of total Corps of Military Base. Some of their roles would be to probe into rapes cases, molestation cases, assisting the Army whenever and wherever required, and searching or frisking women.
Date - 1/19/2019 4:26:11 PM

• CJI Ranjan Gogoi and former SC Judge , Justice Madan B Lokur attended Pakistan CJ’s swearing-in ceremony
The CJI Ranjan Gogoi and former SC Judge, Justice Madan B Lokur attended the swearing-in ceremony of Pakistan’s new Chief Justice of Supreme Court, Asif Saeed Khosa. The ceremony saw the attendance of several luminaries from across the world. Justice Madan Lokur also shared a bench with the newly made Chief Justice of Pakistan and heard three cases lasting around 45 minutes. The two have been close friends since 2004.
Date - 1/19/2019 4:25:36 PM

• After Alok Verma’s exit, Special Director Rakesh Asthana moved from CBI
Days after the removal of Alok Verma as CBI Director on the charges of corruption, the high-powered committee led by P.M Narendra Modi named Special Director Rajesh Asthana from the probe Agency to the Bureau of Civil Aviation Security. Asthana is facing corruption charges in the Moin Qureshi case and the Appointments Committee has also curtailed the tenure of Asthana. The tenure of three other officers namely Arun Kumar Sharma (Joint Director), Manish Kumar Sinha (DIG), and Jayant J Naiknavare (SP) has been cut short.
Date - 1/18/2019 1:57:32 PM

• Gurmeet Ram Rahim found guilty in the 2002 journalist Murder case
Special CBI Court Judge Jadgeep Singh held Dera Sacha Sauda chief Gurmeet Ram Rahim and three others named Kuldeep Singh, Nirmal Singh, and Krishan Lal guilty in the murder of Journalist Ramchander Chhatrapati and awarded a sentence of life imprisonment. The sentence was passed by a Special Court in Panchkula through Video Conferencing. Gurmeet Ram Rahim is currently serving a 20-yr prison term in Sunaria jail in Rohtak for raping his two women devotees.
Date - 1/18/2019 1:56:56 PM

• After 24 years in jail, SC grants parole to TADA convict
A Bench comprising Justice UU Lalit and Justice K.M Joseph granted parole tot one of the three convicts named Mohammed Shamsuddin. He was convicted in the 1993 Bomb blast case. The blasts happened in the six Rajdhani Express trains across the country killing 2 people and injuring several others. Total of 16 people were convicted under the now repealed Terrorist and Disruptive Activities (Prevention) Act by TADA court in Ajmer in 2004.
Date - 1/18/2019 1:56:20 PM

Death sentence to Pune Driver Commuted by SC
A Bench comprising of Justice A.K Sikri, Justice Ashok Bhushan, and Justice M.R Shah commuted death sentence given to Santosh Maruti Mane, a bus driver whose murderous Joy Ride had resulted in 9 persons death in 2012. Santosh Maruti Mane, a bus driver in Maharashtra State Road Transport Corporation hijacked a bus from the depot and went on a joy ride which resulted in the death of 9 persons and 36 people suffering serious injury. The Court commuted the death sentence saying that though the defence of insanity is not established in this case, the accused was under mental strain and stress which resulted in the tragedy.
Date - 1/18/2019 1:51:29 PM

HC Justice Dinesh Maheshwari and Sanjiv Khanna appointed as SC Judges
Karnataka HC Chief Justice Dinesh Maheswari and Delhi HC Judge, Justice Sanjiv Khanna appointed as Supreme Court Judges. The appointment was notified by the government. The Collegium headed by CJI Ranjan Gogoi recommended the names of Justice Maheswari and Justice Khanna despite following objections by present SC Judge, Justice Kishan Kaul.
Date - 1/17/2019 3:19:02 PM

New CBI Director to be appointed on Jan 24
High-Powered Selection Committee headed by P.M Narendra Modi will appoint new Central Bureau of Investigation (CBI) Director, following the exit of former Director Alok Verma, who was removed on the charges of corruption and misconduct. The panel led by P.M Modi will meet on 24th Jan to appoint new CBI Director. The committee consists of CJI Ranjan Gogoi, and Congress leader Mallikarjun Kharge as other members.
Date - 1/17/2019 3:18:43 PM

Central Government constituted GST ministerial Panel on lotteries
GST Ministerial Panel to look into the current GST provisions related to lotteries has been constituted by Central Government. The present lottery System attracts 12% GST for a state-organized lottery and 28% GST for a state-authorized lottery. The aim is to look into the disparity in tax structure and fix it.
Date - 1/17/2019 3:18:22 PM

Stringent restrictions on dance bars in Maharashtra relaxed by SC
SC quashed some of the strict conditions and rules prescribed by the state government leading to the shutdown of the maximum dance bars in the city. A bench headed by Justice A.K. Sikri struck down the condition allowing a necessary partition between the performance area and the bar area. It also struck down the condition restricting dance bars to be opened within the radius of one km from a religious place or an educational institution.
Date - 1/17/2019 3:18:05 PM

Centre appoints Senior Advocate Sanjay Jain as ASG for SC
Senior Advocate Sanjay Jain has been appointed as Additional Solicitor General for Supreme Court. He will continue to hold the post till June 2020. Formerly, he was serving as ASG for Delhi High Court but submitted his resignation in March 2018.
Date - 1/17/2019 3:17:48 PM

• Stringent restrictions on dance bars in Maharashtra relaxed by SC
SC quashed some of the strict conditions and rules prescribed by the state government leading to the shutdown of the maximum dance bars in the city. A bench headed by Justice A.K. Sikri struck down the condition allowing a necessary partition between the performance area and the bar area. It also struck down the condition restricting dance bars to be opened within the radius of one km from a religious place or an educational institution.
Date - 1/17/2019 2:29:25 PM

Centre appoints Senior Advocate Sanjay Jain as ASG for SC
Senior Advocate Sanjay Jain has been appointed as Additional Solicitor General for Supreme Court. He will continue to hold the post till June 2020. Formerly, he was serving as ASG for Delhi High Court but submitted his resignation in March 2018.
Date - 1/17/2019 2:28:54 PM

Boarding pass Stamping practice to be end soon by Mumbai Airport
Mumbai’s Chhatrapati Shivaji Airport came with a move to end the stamping practice of boarding passes for Domestic passengers. They said that the stamping of boarding passes by Security Personnel will stop soon. Passengers travelling within the country can authenticate their boarding pass at the pre-embarkation security checkpoints by scanning its QR Code or Barcode at e-gates.
Date - 1/16/2019 3:42:52 PM

AgustaWestland VVIP Chopper Case accused Christian Michel gets court consent to call family abroad
Christian Michel, one of the three middleman accused in the AgustaWestland VVIP Chopper case gets Delhi court consent to make calls to his family and lawyers abroad. Arvind Kumar, Special Judge granted Christian 15 minutes a week to make international calls. Michel was extradited from Dubai and arrested by the Enforcement Directorate (ED) on 22nd Dec’18. He moved to the Delhi court challenging his rejection of plea by jail authorities seeking permission.
Date - 1/16/2019 3:42:32 PM

• Charge sheet filed by Delhi Police against Kanhaiya Kumar in JNU sedition case in Patiala House Courts
Delhi Police on 14 Jan ’18, after almost three years submitted a charge sheet against Jawaharlal Nehru University Students’ Union (JNUSU) president Kanhaiya Kumar and nine others in the JNU Sedition case at the Patiala House Courts. The two other former JNU students were charged namely Umar Khalid and Anirban Bhattacharya for allegedly shouting anti-India slogans during an event on the hanging of Parliament attack mastermind Afzal Guru.
Date - 1/15/2019 2:50:18 PM

Centre has six weeks to reply on PIL filed in SC against “Snooping”
Notice was issued on 14 jan’18 by SC to the Centre on a PIL filed challenging the notification authorizing 10 central agencies to monitor, intercept, decipher any computer system language and sought a response within six weeks. The PIL challenging the government’s notification came up before a bench headed by CJI Ranjan Gogoi.
Date - 1/15/2019 2:49:59 PM

Constitutional validity of 10% quota reservation for economically weaker sections challenged in SC
A youth’s non-profit organization for equality has challenged the constitutional validity of the 103rd Constitutional Amendment Act which provides for 10% reservation for economically weaker sections of general caste. It was challenged on the reason that the amendment which inserts Art. 15(6) and Art. 16(6) in the constitution would alter the basic structure of the constitution and would also annul various binding judgments of the SC. The Amendment Act also violates the restraints that were imposed on the reservation policy, i.e. the 50% cap limit and the exclusion of economic status as a sole criterion for awarding reservation.
Date - 1/15/2019 2:49:32 PM

A bill called Right to Disconnect Bill introduced in Lok Sabha
MP Supriya Sule introduces a private members bill, Right to Disconnect Bill in Lok Sabha. The Bill empowers the employee to not respond to any employee’s calls, texts or mails after office/working hours. The bill also aims to reduce the work related stress and to provide for a better work life balance.
Date - 1/15/2019 12:36:22 PM

“Macedonia” renaming as the “Republic of Northern Macedonia” raises crisis between Greece and them
The resolution has been passed by the Parliament of Macedonia to amend the Constitution of the Country for renaming it as the “Republic of Northern Macedonia”. Macedonia has been in a decade long dispute with Greece which they tried to end by unilaterally approving and signing a contract which clearly says that the Macedonia will be called as “Northern Macedonia”. But after this move, the dispute doesn’t seem to be settled.
Date - 1/15/2019 12:36:00 PM

10% Quota reservation for economically weaker sections of general category gets President’s consent
President Ram Nath Kovind has approved the Constitution (103rd Amendment) Act, 2019, which introduces a 10% reservation for economically weaker sections of general class in jobs and educational institutions. The passing of the Act will be decided by the Centre.
Date - 1/15/2019 12:35:40 PM

Director Rajkumar Hirani accused of sexually assaulting his assistant
Bollywood Director Rajkumar Hirani has been accused of sexual assault by a female assistant who worked with him in Sanjay Dutt’s biopic “Sanju”. The woman has accused him of sexually harassing her for over the period of six months of shoot. But these allegations were denied by Rajkumar Hirani, calling it “false and completely unjustified”.
Date - 1/15/2019 12:35:17 PM

Alok Verma removed as CBI Director by High Commission Committee
Alok Verma has been removed as the director of Central Bureau of Investigation (CBI) by the three-member panel headed by P.M Narendra Modi, and other two members being Justice A.K.Sikri, and Congress leader Mallikarjun Kharge. He was removed on the charges of corruption, criminal misconduct, interference in sensitive cases, shielding big defaulters, and other offences. On the Panel’s recommendation, Alok Verma has been transferred to the Fire Services department as Director General.
Date - 1/11/2019 8:50:17 AM

• SC sets up three-member panel to provide for reforms for conducting Competitive exams
SC has constituted a three-member panel to suggest for reforms for fairly conducting Competitive examinations by government bodies. The Panel will consist of Nandan Nilekani, co-founder of Infosys, Vijay P Bhatkar, renowned computer scientist. The tampering and leaking of question papers has been the case from years, to resolve the same SC has constituted the Panel.
Date - 1/11/2019 8:50:01 AM

As per BBCI legal Cell, Hardik Pandya and K.L.Rahul can be suspended by CoA
The Apex Court has appointed the Apex Council, i.e. Committee of Administrators (CoA) to look into the matter. Hardik Pandya and K.L.Rahul who made some offensive remarks regarding women on the celebrity lifestyle show “Koffee with Karan” is being charged for making offensive comments on women that were tagged as crass and misleading and the proceedings will be initiated soon. The episode has also been pulled down by the Hotstar, which is an online streaming partner of the chat show Koffee with Karan. However, the suspension of the two cricketers will cease, if adjudication is not being completed within 6 months.
Date - 1/11/2019 8:49:29 AM



100 Landmark Judgment 2018

Legal Notes

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PCS (J) Notes:Res Gestae: Meaning, Relevance and Case Laws

The principle of the section 6 is that whenever a ‘transaction’ such as a contract or a crime is a fact in issue, then evidence can be given of every fact which forms part of the same transaction. The section is based upon the English doctrine of res gestae through the use of the word has been avoided in the section. The phrase res gastae is of latin origin which means ‘things said and done in the course of a transaction’. Transaction is a group of facts so concerned together as to be referred by a single name i.e, a crime, a contract or a wrong or a wrong or any other subject of inquiry which may be in issue. Every case that comes before a Court of law has a certain fact story behind it.

Relevance of this rule: Every fact story is made of certain acts, omissions and statements. Every such act, omission or statement as throw some light upon the  nature of the transaction or reveals its true quality or character should be held as a part of transaction and the evidence of it should be received. Doctrine of res gestae, enables the Court to take into account all the essential details of a transaction. A transactions a group of facts so connected together as to be referred to by a single name, as a crime, a contract a wrong or any other subject of inquiry which may be in issue. Roughly, a transaction may be described as any physical act, or series of connected physical acts, together with the words accompanying such act or acts. A transaction can be truly understood only when all its integral parts are known and not in isolation from each other. In the famous English case of Ratten v. The Queen, (1971) 3 W.L.R. 930, the accused was prosecuted for the murder of his wife. He claimed that the shot went off accidentally. There was evidence to the effect that the deceased telephoned to say, “Get me the police, please”. Before the operator could connect to the police, the lady gave her address and the call suddenly ended. Thereafter, the police came to the house and found the body of a dead woman. Her words over the phone were held to be relevant as part of the same transaction which brought about death. Her call in distress showed that the shooting in question was not accidental. For no victim of an accident could have thought of getting the police before the happening. Thus in O’Leary v. Regem, (1946) 73 C.L.R. 566 evidence of assault prior to killing was taken into cognizance as part of same transaction.

Case Laws on Res Gestae

FIR when res gestae- Shyam Nandan Singh v. State of Bihar, 1991 Cri LJ 3350. A witness is present at the scene of occurrence, sees the whole occurance from beginning to end, makes cry about the offence being committed when people from vicinity reach. He tells the story of occurance and thereafter, goes to police station and makes FIR. The making of the FIR was held to be part of the transaction and so it amounts to res gestae. The fact that sometime has elapsed between the occurance and report is immaterial.

Noor Mohd v. Imtiaz Ahmad, AIR 1942 Oudh 132- One R practised fraud upon one M and thus took Rs 8000/-. M lodged a report and filed a complaint. One S, a prosecution witness stated that M came to him and said that he had been deprived of about Rs 8000/- and that M again came to him and told him that he had neither filed a complaint against him not had made a report against R and that after having robbed him, R was still trying to rob him of what he still had. The prosecution witness further said that after he (the witness) once visited M, the latter told him that R was making his life miserable and he would take steps to have his money recovered and thereupon M said, “Let the matter go. I have forgiven him but that he should not touch what is left.” This statement was held inadmissible as it was mere narrative of past occurance.

Richard Gillie v. Posho Ltd., AIR 1939 PC 146- A dispute between A and B was whether A had agreed to make a purchase from B on a certain date. In support of B’s allegation that A had agreed to make the purchase, a letter, dated 23rd December, 1926 from him (B) to a solicitor was purchased. In this letter B had made a mentioned that A had agreed to make a purchase. The letter was held inadmissible as there was no evidence to show whether the statement in the letter was made with reference to some events which has just happened.

Nasiruddin v. Emperor, AIR 1945 Lah 46- One Fakiria was killed in broad daylight in one of the crowded bazars of Gujranwala. At the rial, one Mst. Aishan Bibi was examined as witness. She stated that when she reached the spot, she heard the people present saying that Rajja, Nasiria and Jagari has committed the crime. It was not stated that the people who informed her of the names of the murderers were present when the murder was being committed. It was held that the statement was not admissible.

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Procedural nature of the Criminal Procedure Code

Every Criminal Law is either substantive law, or procedural law. The substantive law determines the rights and liabilities, whereas procedural law defines the remedies. The Indian Penal Code is substantive law, as it lays down what acts amount to various offences and prescribes the corresponding punishment. The Criminal Procedural Code, on the other hand, is procedural law, for it furnishes the detailed machinery for trying offenders. This procedure is to be followed for trying all criminal offences under the Indian Penal Code. The same procedure is also applied to offences under any other law, unless any enactment prescribes a special form of procedure to such offences. The Criminal Procedure Code does not affect the special or local laws in force in India.

The function of procedural law is four fold.

  • To select proper jurisdiction;
  • To ascertain the proper Court;
  • To set in motion the machinery of justice; and
  • To provide ways and means of making the Court’s decision effectual

The Criminal Procedure Code is not entirely procedural in nature. There are several provisions in the Code, which also confer substantive rights. For Example, Sec. 125 of the Code confers the right of maintenance on wife, children and parents. The Code also grants the right of Hebeas Corpus. Likewise, right of appeal is also available under the Code.

Procedural Laws not in any way less important than substantive law. In fact, the two are equally important and complement to each other. In a given case, the substantive penal law may be the perfection of reason and wisdom, and yet the worst criminal may escape through the flaws and loopholes of the procedure. It is therefore, imperative that the procedural law should be as effectual as possible.