Civil Procedure Code (CPC)

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BCI appoints a seven-member committee to draught a draught "advocates protection act" to ensure that lawyers are protected from threats and attacks

In light of recent attacks on attorneys and their families, the Bar Council of India has decided to form a seven-member committee to prepare a draught "Advocates Protection Act" to ensure that lawyers are protected and safe while performing their jobs.

The Council examined the incident in which a Jaipur-based lawyer, Advocate Shri Ram Sharma, and his wife were violently assaulted, resulting in multiple injuries, during its meeting on June 10th.

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The use of anticipatory bail under Section 438 CrPC to children in conflict with the law under the JJ Act is not expressly barred, according to the Gujarat High Court

The Gujarat High Court has held that the application of anticipatory bail under section 438 CrPC to children in dispute with the law as defined by the Juvenile Justice Act, 2015, is not expressly barred. Justice AY Kogje of a single-judge bench made the following observations:

"...this Court is of the opinion that there is no express bar of application of Section 438 of the Code to children in conflict with the law covered by the Act, 2015, and that in the absence of such an express bar, there is no reason to imply such a bar, particularly in the facts of the present case where the applicant, who is a juvenile, is not even named as an accused and has apprehensions of being impugned on the basis of irrelevant reason."

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SCBA Clarifies Elevation Of Supreme Court Lawyers To HCs: "Had No Intention To Cast Aspersions On Lawyers Practising In High Courts" 

The Supreme Court Bar Association clarified on Sunday that its letter to the Chief Justice of the United States requesting the elevation of Supreme Court lawyers to the High Courts was only intended to ensure that Supreme Court lawyers were given an equal opportunity to be considered for elevation to the High Courts.

"The phrases used in the communique were merely intended to emphasise the importance of having an open and rigorous system for considering our lawyers," according to the Press Release.

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"Imposing Exorbitant Costs Will Have Chilling Effects On Citizens' Right To Question Government Acts." : SC Appeal Against HC's Refusal To Stay Central Vista Construction 

A petition has been filed in the Supreme Court contesting the Delhi High Court's recent decision dismissing a PIL seeking a temporary halt to construction work on the Central Vista Redevelopment Project in the wake of Covid, as well as expenses of Rs. 1 lakh. As an interim relief, the petitioners Anya Malhotra and Sohail Hashmi have requested a stay on the contested order of May 31, 2021.

According to the petitioners, the impugned judgement, particularly the imposition of high charges, will restrict public-spirited citizens who raise legitimate public-health issues, as well as individuals' freedom to question and hold the government accountable.

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The State Must Pay Compensation to People Detained Illegally: Allahabad High Court 

The Allahabad High Court recently directed the State Government to strictly implement its policy of granting compensation to a citizen (25k) who has been illegally detained, stressing that the award of compensation for harassment by public authorities not only compensates the individual, satisfies him personally, but also aids in the cure of social evil. 

The State Government was also praised by the Bench of Justice Surya Prakash Kesarwani and Justice Shamim Ahmed for establishing a policy of paying compensation of Rs.25,000/- for illegal detention of any citizen by any State Government officer and initiating disciplinary proceedings against such officers.

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The Punjab and Haryana High Court believes that states must be reminded of the dangers of child marriage

The Punjab & Haryana High Court recently declined to offer protection to the petitioners, who have not yet reached marriageable age, and rejected the writ petition, adding that the subject of eradicating the child marriage scourge should be examined by the State.

The court was hearing the case of Daya Ram [petitioner No.1/20 years and 2 months old] and Reenu [petitioner No.2/14 years and 8 months old], who stated that they had known each other for a year and had become in love over time, but that Reenu's parents were against their relationship.

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The Kerala High Court has ordered that FIRs in corruption cases be filed after a preliminary investigation.

The Single Bench recently held, while dismissing a writ petition seeking the registration of specific corruption accusations, that such cases should only be recorded after a preliminary investigation. This comes after Jude Joseph, Vehicle Supervisor at the Vizhinjam KSRTC Depot, contested the failure to submit a FIR based on his charges of grave financial mismanagement of public funds in the internal audit of the company's accounts for the years 2012-2015.

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Basant Khyati Online
14 June 2021    116  Report


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