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Showing posts from May, 2021

JOB POST: Consultant [Training on Gender-Based Laws] with UN Women [WFH]: Apply by June 7

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7 Reasons To Review Your Life Insurance Policy Cover In 2021

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The primary reason you buy a  life insurance policy  is that you wish to take the necessary steps to ensure your loved ones’ financial security when you’re no longer around. Life insurance can provide your family members with the necessary aid to lead their lives comfortably after your demise. This way, you can be there for those who matter to you in life and beyond. But as we grow older, everything from our requirements to our lifestyle changes. Image Source: Shutterstock This is what makes it essential to revisit your life insurance cover from time to time to make sure it still meets your requirements and lifestyle choices. Let’s look at a few things that you can keep in mind while reviewing your life insurance policy cover in 2021. Marital Status Marriage is one of the most significant changes you go through in your life. It brings a drastic shift in your lifestyle and adds a set of responsibilities that you must look into. This is why if marriage is on the cards for you or

Delhi HC expresses displeasure over DCGI report on drug hoarding by politicians

Amid the novel coronavirus pandemic crisis, the Delhi High Court on Monday expressed deep displeasure with regards to the report submitted by the Drug Controller General of India pertaining to Drug/ Oxygen hoarding by Politicians Gautam Gambhir, Praveen Kumar, and Preety Tomar. On the last hearing, the scope of the investigation was shifted from Delhi Police to DCGI and the latter was directed to file a report as to how certain medicines were procured by the politicians when there was an acute shortage of the same in the city last month. The bench of Justice Vipin Sanghi and Justice Jasmeet Singh, while rejecting the report submitted by the DCGI, observed that there was a fundamental flaw in the manner the investigation was conducted and the report has no legal basis. The Bench then directed to file a fresh report regarding the same before this Thursday’s hearing. Justice Sanghi bashed at the counsel of DCGI Nandita Rao, when she read from the report, stating that there was no short

National Green Tribunal disposes of plea seeking direction to amend ‘Minimum Requirements for Annual MBBS Admissions Regulations 2020’

The National Green Tribunal disposed of the plea seeking for a direction to amend the Regulations titled “Minimum Requirements for Annual MBBS Admissions Regulations (2020)” issued by the National Medical Commission, terming it as a policy matter to be considered by the concerned authority. A bench headed by NGT Chairperson Justice Adarsh Kumar Goel disposed of the application by concluding,  “We are unable to hold the issue raised to be a substantial question of environment, requiring determination by the Tribunal. The issue relates to policy matter to be considered by the concerned Authority. Thus, leaving the question open, to be raised at an appropriate forum.” The petition was filed by H C Arora seeking a direction to amend the “Minimum Requirements for Annual MBBS Admissions Regulations (2020)” issued by the National Medical Commission which said –The amendment should provide prerequisite of setting up of an Oxygen Plant in every Multi-Specialty Hospital in India within a time-

Date of birth cannot be changed after retirement: Allahabad HC

The Allahabad High Court has said in an order that the date of birth recorded in the service book is binding on both the employee and the employer. It cannot be changed after retirement. A single-judge bench of Justice J.J. Muneer passed this order, while hearing a petition filed by Bachchan Singh. The petitioner retired as a Collection Amin on October 31, 2015. His date of birth in the service book recorded is October 10, 1955. This date of birth is also recorded in his High School Certificate earned in the year 1968 from the UP Board of High School and Secondary Education, Allahabad. The petition submitted that the petitioner was drawing pension since 2015 and has been paid all his post retiral benefits. Now, by the order dated March 12, 2021, the Sub- Divisional Magistrate, Shikohabad, District Firozabad, on the basis of a certificate from the school where the petitioner had read, has held that the petitioner’s date of birth is October 10, 1950. Counsel for the petitioner said i

Allahabad HC rejects bail plea of bank officer accused of forgery

The Allahabad High Court has rejected the anticipatory bail application of a bank officer, who was accused of forged verification of loans worth crores of rupees. A Single-Judge Bench of Justice Siddharth passed this order on May 27, while hearing a Criminal Miscellaneous Anticipatory Bail Application filed by Rajesh Kumar, under Section 438 of IPC. CBI Counsel Sanjay Kumar Yadav informed the Court that charge sheet already has been submitted against the applicant. Mr Yadav pointed out that the anticipatory bail rejection order of the court below showed that a charge sheet has been filed, but the same has not been annexed, which shows the concealment of fact. Counsel for the applicant prayed for protection to obtain bail from the court. “On the request of Counsel for the applicant, it is directed that the applicant will appear and surrender before the court below within 60 days from today and apply for bail. Till then, no coercive action shall be taken against the applicant,” the

CfP: Supremo Amicus Vol 24 + 23rd Research Paper Competition, Free DOI [Indexed, 19 Databases, Heinonline, Manupatra, Google Scholar, ROAD, PIF: 6.242]: Prizes Worth Rs. 30K, Submit by June 8

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West Bengal Chief Secretary Alapan Bandyopadhyay retires, appointed Mamata Banerjee chief adviser

Adding another chapter to the showdown between West Bengal Chief Minister Mamata Banerjee and Prime Minister Narendra Modi, the state’s chief secretary Alapan Bandopadhyay on Monday retired from the Indian Administrative Service, right on the day of his natural retirement. He was immediately appointed chief adviser to the chief minister. The issue was of the Centre calling back the senior IAS officer, immediately after okaying a three-month extension for Bandyopadhyay, who has been overseeing critical relief in the state after Cyclone Yaas, apart from the Covid action plan. This was seen as a tit-for-tat for CM Banerjee not attending a relief related meeting with the PM, in the presence of Governor Jagdeep Dhankhar and even with the presence of Leader of Opposition Subhendu Adhikari, a former Mamata aide who had defected to the BJP. Bandyopadhyay, a confidante of the CM, also did not attend the meeting. Mamata Banerjee met the PM for a few minutes and left after giving the PM a state

Delhi High Court quashes Delhi govt order blocking schools from levying annual charges, development fee

The Delhi High Court on Monday quashed orders issued by the Directorate of Education on a plea filed by the association of private unaided schools as it prevented unaided recognised schools/members from collecting a part of the fees i.e. the annual charges and development fees even beyond the lockdown period, till physical opening of schools. Justice Jayant Nath noted in his order that it cannot be said the school building is completely shut. The building would remain functional for administrative reasons and even, depending upon the facts and circumstances of the case, for conducting online classes etc. There are expenses like rent, taxes, repair and maintenance of building and maintenance of equipment etc. In case, the said repairs and expenses are not done, it is bound to cause damage to the building, infrastructure and functioning of schools. “The private recognised unaided schools are clearly dependent only on the fees collected to cover their salary, establishment and all other

National Virtual Cyber Law Quiz on Digital Transformation of Law, by ICFAI Law School, Dehradun [June 18]: Register by June 17

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Delhi HC disposes of plea seeking to ensure no overcharging by private hospitals for Covid treatment

The Delhi High Court Monday disposed of a plea seeking capping of prices at private hospitals for treatment of Covid patients. (Vivek Aggrawal vs UOI and others) The division bench of Chief Justice D.N. Patel and Justice Jyoti Singh has disposed of this petition with a liberty to file an Interim Application in a writ petition no. 3031/2020 pending before the division bench of Justices Vipin Sanghi and Jasmeet Singh with similar prayers. The court said the practice of filing the writ petitions on the similar matter pending before any other bench of the concerned court will bring the multifariousness of the writ petitions. This present petition is filed as a PIL seeking direction regarding capping the price taken by the private hospitals from the patients for their treatment of Covid-19. The petitioner submitted that hospitals are not following Covid protocols. The Directorate General of Health Services had observed that hospitals were admitting mild and moderate cases of Covid-19 whic

Delhi HC asks Delhi govt to treat plea seeking to cap HRCT test/scan rates for Covid patients as representation

The Delhi High Court on Monday asked the Delhi Government and the Department of Health and Family Welfare to treat a plea filed seeking directions to regulate/cap the rate of High Resolution Computerised Tomography (HRCT) Test/Scan in Delhi, specifically for patients with Covid-19 symptoms, as a representation. The division bench of Chief Justice D.N. Patel and Justice Jyoti Singh said the court cannot fix a price for the test. Thus, the authorities concerned have to keep in mind the priority and other factors in accordance with the law, and the government policies applicable to the facts of the case. Advocate Amresh Anand, the petitioner for the Counsel, submitted that this HRCT test is nowadays massively recommended to the general public having symptoms of Covid-19 and during the pendency of this petition, three more states — Karnataka, Bihar and Punjab — have also fixed the price of HRCT test. According to the petition, the government has already fixed the price for the HRCT Test

Smell the coffee & amend the policy on COWIN registration, SC to Centre

By Aakshat Khetarpal The Supreme Court of India heard the Solicitor general today to assess the measures, policy and actions taken by the Central government with respect to the acquiring and administering the COVID19 vaccines. The matter is of the Suo Moto cognizance taken by the Supreme Court by virtue of which the National Task Force was set up. The bench today has restricted itself to only hear the Solicitor General and the court appointed Amicus Curiae on the procurement, distribution and administration of the vaccines, the ground reality and the policy made thereof.  The Solicitor general told the bench that the National task force has been made and a graph report is also ready and it shall be submitted before the bench once the task force reviews the report. The Solicitor General (SG) informs the Apex Court that the entire eligible population of the country would be vaccinated by the end of this year and the same may be expedited if the central government successfully acquires

SC says IPC sections on disaffection against state, promoting enmity should be interpreted for free speech, press

The Supreme Court on Monday said it was of the view that provisions of Sections 124A (promoting disaffection against State) and 153 (promoting enmity between groups) of the Indian Penal Code “require interpretation particularly on the right of press and free speech”. The bench of Justices D.Y. Chandrachud, L. Nageswara Rao and S. Ravindra Bhat was hearing a sedition case filed against Telugu news channels TV5 News and ABN Andra Jyoti. Issuing six-week notice in this regard, the bench also stayed any coercive action against the news channels by Andhra Pradesh Police. The police had lodged an FIR against the channels under Sections 124A, 153A, 505 r/w 120B of the Indian Penal Code, stating that these channels conspired with Narsapuram MP Raghurama Krishnam Raju and provided “premeditated” and “organised” slots to Raju and gave him a platform to echo his hate speeches against the government and his own party leader, Chief Minister Y.S. Jaganmohan Reddy. It has also been alleged that the

Delhi HC slams Drug Controller for Gautam Gambhir probe, says will suspend officers if they can’t do proper job

The Delhi High Court bench of Justices Vipin Sanghi and Jasmeet Singh on Monday made it clear that East Delhi MP Gautam Gambhir’s action of distributing Covid medication from his trust, without a proper licence to do so, may have been a clear violation of existing rules. The court also did not like Gambhir’s comment that he will do it again when complaints were filed against him for hoarding medicines for Covid and said that this will go against him if he says it again. The hearing was on a plea with respect to hoarding of drugs by politicians such as Gambhir, Praveen Kumar and Preety Tomar. Regarding MLA Tomar, the court said it was satisfied with the status report filed, but was, again, dissatisfied with the action of Praveen Kumar. Earlier, the Drug Controller had been directed to file a status report in this regard. Advocate Nandita Rao, appearing for the Drug Controller, pointed out to the bench that the “Drug Controller is not familiar with the criminal procedure and they don’t

5G rollout: Juhi Chawla, others move Delhi HC against untested technology, cite severe radiation risk

The Delhi High Court on Monday transferred to another bench, the hearing of a lawsuit filed by Bollywood actor Juhi Chawla against implementation of 5G technology in India stating that until and unless the technology is certified safe, its roll out should not be permitted. The bench of Justice C. Harishankar on Monday recused to hear the matter due to a reason and the matter has been transferred to another bench of Delhi HC. The matter will now be heard on 2nd June. Chawla, along with Veeresh Malik and Teena Vachani filed a case against Science & Engineering Research Board, & organisation, where they strenuously submitted that the people of India are not ‘guinea pigs’ whose health – rather, life – the Government of India can sell at a profit, claiming that 5G technology expose people and animal to RF radiation that is 10 to 100 times than it exists today.  “The essence of the suit – which addresses the dire and palpable risks to the public at large which an indiscriminate an

National Conference on Criminal Justice Administration in Modern India by Shankarrao Chavan Law College [June 25-26]: Submit by June 5

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Stressed about CLAT 2021? Read this post by UPSC Rank 1 (Via CLATalogue)

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Justice Chandrachud wants to know if sedition case has been lodged against channel showing Covid bodies thrown into river

Justice D.Y. Chandrachud of the Supreme Court made a sarcastic observation on the punitive actions being taken against people complaining of lack of facilities during the Covid-19 pandemic in Uttar Pradesh. In court on Monday, while hearing a suo motu matter related to the Covid 19 situation in the country, Justice Chandrachud quipped enquiring if a sedition case had been lodged against the channel which showed a dead body being dropped into the river from a bridge in Uttar Pradesh. This seems to be pointing a finger to recent incidents where an FIR had been lodged against one person for complaining on social media that there were no medical facilities available in his area. The issue related to the dignified disposal of bodies of the Covid dead raised after Amicus Curiae Meenakshi Arora submitted, “We have seen of late there is no dignity in death. There are many crematoriums which are not working across the country.” Solicitor General Tushar Mehta had countered: “There is a suo mo

Supreme Court directs Centre to procure Covid vaccines for whole country, says can’t have dual pricing for states, Centre

The Supreme Court on Monday directed the Central government to procure Covid vaccines for the whole country at a uniform rate. The bench of Justice D.Y. Chandrachud and Justice S. Ravindra Bhat said Article 1(1) of the Constitution ensures that India or Bharat is a union of states. The Central government should act as an agency of the whole of the country to negotiate for the procurement of vaccines. Solicitor General Tushar Mehta said: To vaccinate the entire population of India by the end of this year, the government is making procurement efforts. The Government is talking to various vaccine manufacturing companies in this regard, including Pfizer. After the last sitting, some development has taken place on three fronts. The report regarding the developments will be submitted by the task force, Mehta added. Justice Bhat: We need around Rs 250 crore to vaccinate the whole population. I have no doubt that the government is making efforts. But the policy of double pricing, one price

Call for Editors by IJLRA [Indian Journal of Legal Research & Advancements]: Apply by May 31

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Calcutta High Court forms 3-member committee to help poll violence displaced people to return home

The Calcutta High Court today directed the formation of a three-member committee to help those persons displaced in the post violence in the state to go back to their homes. The committee will comprise nominees from the State Human Rights Commission, National Human Rights Commission and Member Secretary of the West Bengal State Legal Services Authority. This was decided by the five-judge bench of Acting Chief Justice Rajesh Bindal and Justices IP Mukherji, Harish Tandon, Soumen Sen and Subrata Talukdar. The court directed that those who were not being allowed to go back to their homes have to communicate this to the West Bengal Legal Services Authority (WBLSA) on the official email address of the WBLSA. The committee shall then contact the concerned police officer of the locality to ensure that persons displaced by post poll violence in West Bengal are able to return to their houses. The order was passed in a petition alleging that around 200 persons who were displaced due to the vio

1-Week Faculty Development Programme [FDP] on Advanced Research Methodology by Sardar Patel Subharti Institute of Law [June 4-10]: Register Now!

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Japanese Award for Most Innovative Development Project (MIDP) 2021 [Grant Amount Rs. 97 L]: Apply by June 9 [Redirects to NoticeBard]

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Delhi High Court says social media will have to obey new IT rules

Justice Rekha Palli of the Delhi High Court on Monday observed the information technology (IT) rules of the Centre, if not stayed, will have to be obeyed by Twitter India and other such social media platforms. The judge allowed three weeks for replies in an appeal filed by Advocate Amit Acharya, seeking action against Twitter and Twitter India for its failure to comply with the Centre’s IT guidelines within the legally tenable framework. This was after the respondents clarified that it had, on May 28, appointed a resident grievance officer. The judge said: “I am inclined to issue notice. If the rules have not been stayed, then they have to comply with the rules.” Advocate Sajan Poovayya for Twitter said: “The rules were not complied when the petition was filed but now we have complied. The resident grievance officer was appointed on May 28 and I’ll file an affidavit with regards to the same.” There was a small interjection by Advocate Ripudaman Bhardwaj, for the petitioner, saying:

Mamata Banerjee makes it clear she won’t release Chief Secretary Alapan Bandyopadhyay as per Centre’s wish

West Bengal Chief Minister Mamata Banerjee today, in a letter to Prime Minister Narendra Modi, requested him to withdraw the order recalling Chief Secretary Alapan Bandyopadhyay to the Centre and said that the state will not be releasing Bandyopadhyay, as directed by the Centre. The Chief Ministeer has said that the order of the Centre recalling the Chief Secretary on the date of his retirement (which is today, while he has been given a three-month extension to oversee the cyclone relief and Covid relief work of the state) was “legally untenable, historically unprecedented and wholly unconstitutional”. Banerjee has been quoted as saying: “I must confess that I have been shocked and stunned by the unilateral order of May 28, sent to us by the Government of India, asking us to release Alapan Bandyopadhyay IAS, Chief Secretary, West Bengal, so that he may join the government of India on May 31, the normal date of his superannuation.” She said the Centre had agreed to the state’s reque

Delhi HC dismisses plea seeking halt of Central Vista project with Rs 1 lakh cost

The Delhi High Court on Monday dismissed with a cost of Rs 1 lakh, a petition, seeking halt on the ongoing Central Vista construction in the national capital, in view of the Covid-19 pandemic and also claiming that this was not an ‘essential’ service, as declared by the Central government. The division bench of Chief Justice D.N. Patel and Justice Jyoti Singh said that the Central Vista project is of national importance. The Court further said that since workers are staying at the worksite, there would be no spread of novel coronavirus, as all the precautions have been taken up by the Centre and it cannot halt the construction under the DDMA order of April 19. Earlier on May 17, the same bench had reserved its verdict on the petition. Senior Advocate Siddharth Luthra had said: “When the plea was moved, concerns were raised about the health and safety of the workers at the site and of the people in Delhi.” Read Also:   Delhi HC to hear plea seeking priority for vaccination of NRIs

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Delhi HC to hear plea seeking priority for vaccination of NRIs today

The Delhi High Court will today hear a petition, seeking prioritisation of vaccination for people, including NRIs holding valid visa of foreign countries, who normally reside and work in the respective foreign countries, and also for those students, who opt for foreign education with a valid offer letter from the Universities abroad. A division bench of Chief Justice D.N. Patel and Justice Jyoti Singh will take up the plea, filed by a registered society, incorporated for the welfare of migrants and also for providing legal services to poor and destitute migrants. The plea stated that most of the foreign countries are accepting only people who are vaccinated; and unless and until the migrant community, including NRIs holding valid visa of foreign countries, are not put in priority list of vaccination, they would not be in a position to return back and thereby, have high chances of losing their jobs. The plea further stated that Indian students enrolled in foreign universities have to

Central Vista: Delhi High Court dismisses PIL seeking stay on construction with Rs 1 lakh cost

The Delhi High Court on Monday dismissed the plea seeking a stop to the Central Vista construction in the national capital in view of the current Covid pandemic situation. The bench of Chief Justice D.N. Patel and Justice Jyoti Singh passed the order, and said that petition is not a genuine public interest litigation petition but a motivated one and proceeded to impose costs of Rs. 1 lakh on the petitioners. The petition was filed in the Delhi High Court by Anya Malhotra and Sohail Hashmi through Advocates Gautam Khazanchi and Pradyuman Kaistha. It sought interim relief of halt on work of the Project, in light of the Covid-19 pandemic that has ravaged the country. The Union of India has called it an abuse of the process of law and another attempt to stall the project and sought its dismissal with cost. Representing petitioner, Senior Advocate Siddharth Luthra had submitted that when the plea was moved, concerns were raised about the health and safety of the workers at the site and

Try Our Mock for CLAT 2021 (Free) – Clatalogue

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Online Certificate Course on ‘Companies Act – Law, Practice, Career’ by Lawctopus Law School [Jul 10 – Aug 10]: Register by Jun 5!

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JOB POST: LLS is Hiring UGC-NET Qualified Subject Experts for a Short-Term, Full-Time Project: Apply by Jun 2

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VIT-AP School of Law’s BA LLB and BBA LLB Programmes: Applications Open

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CJI NV Ramana speech at Soli Sorabjee memorial service

Dear brother and sister Judges, my friends from the Bar, respected members of the audience and members of Soli’s family, It is difficult to accept that it has already been a month since we have lost one of the greatest legal minds, an advocate for the rule of law and a champion of constitutional rights. It would be a herculean task to describe in few words the achievements of an eminent jurist over his long and illustrious career. Soli Sorabjee started his practice before the Bombay High Court in 1953, when the freedom movement was still fresh in the nation’s mind. No doubt, the freedom movement and the vision of the framers of the Constitution influenced him greatly. He was a man with an unflinching faith in the Constitutional ideals, particularly those relating to the freedom of speech and human rights. He was a defender of civil liberties during the tough Emergency era. He played a crucial role in some of the most iconic cases which have defined the legal landscape of this great na

Lawctopus Law School’s Moot COURSE Students Are Lovin’ It! Rated 99/100; Here Are Their Real Comments!

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Online Course on ‘Litigation Basics: Reading Files, Making Court Briefs’ by Lawctopus Law School [June 20 – July 20]: Register by May 30!

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Researching Reality Internship Program by Centre for Civil Society (CCS) [2-Months]: Apply by May 10

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Gauhati HC directs authorities to provide ration to sex workers of Silchar during Covid-19 pandemic

Assam-Gauhati High Court directed the Deputy Commissioner, Cachar as well as the Secretary, District Legal Services Authority to provide rations to the sex workers of Silchar during the Covid-19 pandemic. A PIL was filed regarding the present condition of sex workers in Assam who, according to the petitioner in most cases, are on the verge of starvation, considering the strange and difficult times of the present COVID-19 pandemic. The learned counsel for petitioner Ms. D. Ghosh relied upon an order of the Hon’ble Apex Court dated 29.09.2020 passed in Criminal Appeal No. 135 of 2010 Budhadev Karmaskar vsThe State of West Bengal & Ors. ,where dealing largely with the same issue as are before us in this petition, certain directions were given by the Apex Court regarding relief and aid to be given to sex workers during the present COVID-19 pandemic. The court also allows the impleadment application for impleading the Union of India, represented by the Secretary, Ministry of Women

Delhi HC seeks response of Centre, Income Tax dept on Robert Vadra plea

The Delhi High Court has sought the response of the Centre and the Income Tax Department on a plea filed by businessman Robert Vadra, challenging the showcause notice issued to him by the ‘Principal Commissioner of Income Tax’ under Section 10(1) of the Black Money Act 2015. A two-Judge Bench of Justices Rajiv Shakdher and Talwant Singh has issued notice to the Centre, Central Board of Direct Taxes, Additional Commissioner of Income Tax, Principal Commissioner of Income Tax, and Assistant Commissioner of Income Tax and sought their response by August 10, 2021. “In the meanwhile, while the assessment proceedings may continue, however, no final order will be passed,” said the Delhi High Court. The plea has been filed by businessman Robert Vadra. The petitioner’s family is closely associated with the principal opposition party i.e. the Indian National Congress and while the petitioner himself has never held any political post or office, his family members do not hold such posts. The pe

Supreme Court elucidates law on dowry death

The Supreme Court has elucidated the law under Section 304-B, IPC, in order to curb the social evil of dowry and the deaths related to it. The bench of Chief Justice N.V. Ramana and Justice Aniruddha Bose on Friday elucidated the Section 304-B, IPC read with Section 113-B, Evidence Act. According to the elucidated law: i. Section 304-B, IPC must be interpreted keeping in mind the legislative intent to curb the social evil of bride burning and dowry demand. ii. The prosecution must at first establish the existence of the necessary ingredients for constituting an offence under Section 304-B, IPC. Once these ingredients are satisfied, the rebuttable presumption of causality, provided under Section 113-B, Evidence Act operates against the accused. iii. The phrase “soon before” as appearing in Section 304-B, IPC cannot be construed to mean ‘immediately before’. The prosecution must establish existence of “proximate and live link” between the dowry death and cruelty or harassment for dow