Civil Procedure Code (CPC)

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Stop Illegal Adoption Of Children Orphaned By COVID: Supreme Court 

The Supreme Court, concerned about the illicit adoption of children orphaned by COVID-19, has urged state governments and union territories to take action against NGOs that engage in unlawful adoption.

"Contrary to the terms of the JJ Act of 2015, no adoption of impacted children should be approved. It is against the law to invite people to adopt orphans since no child can be adopted without the involvement of CARA. The State Governments/Union Territories would take stern action against any agency or individuals found to be involved in this illegal conduct "The Court ruled in favour of the plaintiff.

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CJI Ramana Agrees To Consider SCBA Proposal For Elevation Of Supreme Court Lawyers As High Court Judges 

NV Ramana, the Chief Justice of India, has agreed to consider the Supreme Court Bar Association's plea to explore promoting Supreme Court lawyers to High Court judges. The development comes in response to a suggestion made by the Supreme Court Bar Association.

The SCBA argued before the CJI that, despite having extensive experience and exposure in dealing with a wide range of issues relating to civil, criminal, constitutional, and commercial law, lawyers practising in the Supreme Court are rarely considered for elevation by the High Court Collegium because they do not regularly practise before the High Court and are therefore more professionally meritorious than lawyers practising in the lower courts.

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Section 50 Of NDPS Act- Presence Of Magistrate During Search Of Contraband Articles Not Mandatory If Accused Waives His Right: Delhi High Court 

The Delhi High Court has ruled that if a suspect under the NDPS Act is informed of his right to be searched before a Gazetted Officer/ Magistrate but chooses not to exercise that right, the empowered officer can conduct the search without having to produce the suspect in front of a Gazetted Officer/ Magistrate for the stated purpose. 

"There is no requirement to conduct a search of a person suspected of possessing a narcotic drug or a psychotropic substance only in the presence of a Gazetted Officer or Magistrate, if the person proposed to be searched, after being apprised by the empowered officer of his right under Section 50 of the NDPS Act to be searched before a Gazetted Officer or Magistrate."

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20 % Students Without Digital Access : Karnataka HC Says State Has Obligation Under Article 21A To Ensure Children Attend Online Classes 

According to the State Government, around 20% of pupils in government and government-aided schools in the state do not have access to any gadgets, television, or virtual mode for receiving instructions from teachers. 

The submission concerned a division bench of Justice B V Nagarathna and Justice Hanchate Sanjeev Kumar, who said: This number of students who are not attending lessons practically is of significant worry. In fact, if these pupils are female students who are not attending lessons, there is a risk that they will be married off if schools remain closed. This is especially true in rural communities.

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Kerala High Court Issues Guidelines To Be Followed By Courts Before Acting Upon The "Pleading of Guilty" By An Accused 

On Tuesday, a Single Bench of the Kerala High Court reversed the petitioner's conviction and provided a set of guidelines to be followed in circumstances where an accused pleads guilty to the charges levelled against him. 

Raseen Babu KM, represented by Adv. D. Anil Kumar, filed this criminal revision petition against an order of the Judicial First Class Magistrate Court -1, Parappanagadi convicting him u/s 35 of the Kerala Prevention of Disturbances of Public Meetings Act for obstructing a school admission festival procession and assaulting certain volunteers involved.

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Orissa High Court Upholds Centre's Notification Abolishing Odisha Administrative Tribunal 

The Orissa High Court on Monday upheld the Central Government's Department of Personnel and Training's notification of August 2, 2019, abolishing the Odisha Administrative Tribunal (OAT). 

A division bench comprised of Chief Justice S. Muralidhar and Justice B.P. Routray wrote in an elaborative ruling that there was adequate evidence to support the State Government's position that OAT did not serve the objective of delivering swift justice to litigants.

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'We Are Like One Family, Advocates & Judges,' Justice Shinde of Bombay High Court calms Lawyer enraged By Judge's 'Insult' 

Justice SS Shinde, the Bombay High Court's third senior-most judge, sought to appease rather than chastise a lawyer who was expressing fury about a perceived 'insult' by the court in a previous case. 

When lawyer Jaishree Patil began presenting allegations against Justice Shinde on Tuesday, Justices SS Shinde and NJ Jamdar were hearing the Maharashtra Government's petition against the CBI FIR against former State Home Minister Anil Deshmukh.

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Saura Patil Online
09 June 2021    131  Report


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