Kerala HC held that: Criminal Proceedings Can Be Quashed At Post-Conviction Stage By Invoking Power U/S 482 CrPC Upon Settlement Between Victim & Convict
The Criminal proceedings involving non-compoundable offence can be quashed at post-conviction stage invoking the power under Section 482 of the Code of Criminal Procedure upon a settlement between the convict and the victim, the Kerala High Court held.
In this case, the accused were convicted for the offences punishable under Sections 143, 147, 149, 326, 307 r/w 149 of Indian Penal Code. The accused filed an application under Sections 482 and 320 of Cr.P.C. to quash the entire proceedings and to set aside the conviction and sentence on the ground that the entire dispute has been settled between him and the victim. Agreeing with the submission, the Court noted that, “The dispute appears to be personal in nature and the victim is no more interested in carrying on with the criminal proceedings."
Centre Notifies GNCTD Amendment Act Increasing Powers Of Delhi LG With Effect From April 27, 2021
The Central Government on Wednesday notified the Government of National Capital Territory of Delhi (Amendment) Act 2021, which enhances the powers of Lieutenant Governor of Delhi over the elected government of Delhi, takes effect from April 27, 2021. This amendment facilitates the law that gives sweeping powers to the Lieutenant Governor of Delhi by declaring him to be the "Government of Delhi".
The amendment further provides that the opinion of the LG "shall be obtained" on all such matters as may be specified by the LG, before taking any executive action by the Council of Ministers of the Delhi Government. It is important to take note that the notification comes at a time when the Centre and Delhi Government are sparring against each other over issues related to COVID-19 pandemic in the National Capital.
Cooperative Society Can't Claim Citizen's Fundamental Rights: Kerala High Court
Recently, Kerala High Court on Wednesday upheld Ordinances amending the Kerala Cooperative Society Act to merge District Cooperative Banks in the state with the Kerala State Cooperative Bank. The question the Court was dealing with is whether the act allowing for amalgamation other than by a voluntary act of parties infringe the fundamental right to associate under Article 19(1) (c) of the Constitution of India.
The Court stated that, “Firstly, a co-operative society is not a citizen who alone can have fundamental rights guaranteed under Part III of the Constitution of India and secondly, even a citizen has no fundamental right to be a member of a society.”
Supreme Court: ordered shifting Siddique Kappan to Delhi hospital
This week, on Wednesday the Supreme Court emphasized that the fundamental right to life is available equally to undertrial prisoner, while ordering that Kerala journalist Siddique Kappan be shifted to Delhi hospital from Uttar Pradesh jail for medical treatment (Kerala Union of Working Journalists v. Union of India).
Chief Justice of India NV Ramana, who headed the Bench brushed aside the argument by the Uttar Pradesh government that giving special treatment to Kappan will be unfair to the other prisoners. Kappan, a reporter for Malayalam news portal Azhimukham and secretary of the KUWJ’s Delhi unit, was arrested along with three others in Uttar Pradesh in October while on his way to Hathras to report on the gang-rape and murder of a 19-year-old Dalit girl with the charges of Unlawful Activities (Prevention) Act (UAPA) and also slapped with charges of sedition.
Madras HC Judge Decides To Have Psycho-Education Session to Understand Same-Sex Relations Better
Justice N. Anand Venkatesh of the Madras High Court on Wednesday remarked that he is not fully "woke" to the concept of same-sex relationships and that he will undertake an education session with a psychologist to understand the same. This decision was taken while hearing a prior hearing of a protection plea filed by a same-sex couple.
Judge Venkatesh had earlier asked the couple and their parents to undergo counselling in order to understand each other and after seeing significant progress between the parties, the Court was asked to issue certain guidelines to deal with cases of similar nature. He stated that, "Ultimately in this case, the words must come from my heart and not from my head, and the same will not be possible if I am not fully "woke" on this aspect. For this purpose, I want to subject myself for psycho-education with Ms.Vidhya Dinakaran and I would request the psychologist to fix a convenient appointment for the same."