Vrankers Judiciary

 Brief of HC Order declaring Groping a child's breasts without 'skin to skin' contact shall amount to #Molestation under the IPC but not the graver offence of Sexual Assault under the Protection of Children from Sexual offences (#POCSO) Act.  Quick Brief of #BombayHighCourt's order declaring that #Groping a child's breasts without 'skin to skin' contact shall amount to #Molestation under the IPC but not the graver offence of #SexualAssault' under the Protection of Children from Sexual offences (#POCSO) Act. The Nagpur Bench that gave the judgment was a single judge bench, under Justice Pushpa Ganediwala.  1. The appeal was made by the accused against the order passed by the Extra Joint Additional Sessions Judge, Nagpur, which convicted him of the offence punishable under Sections 354, 363(kidnapping) and 342(wrongful restraint) of the #IPC and Section 8 of POCSO Act, 2012.  2. With reference to Section 8 of the POCSO Act, the appellant was sentenced to t...

Brief of Umar Khalid’s plea for restraining Media   Quick Brief of the order passed by the #Delhi High Court on the application of #UmarKhalid slamming media on publishing news without verifying the facts. 1. The court was considering an application filed by the #JNU student leader Umar Khalid who is under custody since September 14, 2020 complaining about media campaign that he has confessed his involvement in the #CommunalRiots which took place in February 2020 in North East Delhi.  2. The court took an objection on a news titled...”Radical Islamist and Anti Hindu Delhi Riots accused Umar Khalid”. The court observed that the said news item portrays the entire Delhi riots as #AntiHinduRiots. However, in fact this does not appear to be the case, as all the communities have felt the consequences of those riots. Such news item might show to the public at large that the accused Umar Khalid had in fact confessed/admitted his role in Delhi riots. However, it is the duty of the judi...

 Brief of Evidentiary value of Whatsapp Messages  Quick Brief of the order passed by the Punjab and Haryana #High Court on Evidentiary Value of #Whatsapp messages in Rakesh Kumar Singla vs Union of India. 1. Justice Jaishree Thakur on deciding a bail application in a case under #NDPS Act (Narcotic Drugs and Psychotropic Substances Act) made the observation that whatsapp chat has no #Evidentiary Value unless they are certified as per #Section65B of the #IndianEvidenceAct1872.  2. Narcotics Control Bureau opposed the bail application and relied upon whatsapp messages of the accused along with the whatsapp chats of the petitioner.  3. On making the above submissions, Court asked NCB regarding the certificate under section 65B which should be accompanied with these messages to provide them an evidentiary value.  4. #Section65B of Indian Evidence Act 1872 concerned with the admissibility of Electronics records. Here court mention sub clause (4) of section 65B which s...

 Brief of HC order on Disclosure of Interest under RTI act  Quick Brief of the order passed by the Hon'ble #High Court of Delhi on the “Disclosure of Interest in Information under the RTI Act”, addressing that the disclosure of an interest in the information sought would be necessary to establish the bonafides of the applicant. The Judgment was delivered by Justice Prathiba M. Singh.  1. The Court held that whenever information is sought under the #RTI Act, a declaration of an interest in the information looked for would be necessary to initiate the bonafides of the applicant.  2. The brief background of this petition is that the Petitioner looked for information (under the RTI Act of 2005), in respect of certain appointments made for Multi-Tasking Staff at the #Presidential Estate, #Rashtrapati Bhawan in New Delhi.  3. Issues of the Case:  Does the fact that the Petitioner’s daughter who had also applied for the said post of Multi-Tasking Staff at the Presiden...

  Brief of Calcutta Order allowing Second Autopsy of Pregnant Woman  Quick brief of the order passed by the Calcutta High Court allowing Second #Autopsy on the body of a pregnant woman in Shankar Ruidas vs State of West Bengal and Ors.  1. The court was hearing the plea of the 19 year old women’s father who according to him was in advanced stage of #Pregnancy.  2. She was admitted with malnutrition and poor health and was advised to undergo #COVID19 test at a private hospital which submitted that they conducted only COVID19 test which came out to be negative and she then return to Uluberia Sub divisional hospital.  3. Report submitted by Uluberia Sub divisional hospital revealed that the women died on 20th April 2020 due to #Malnutrition and poor health related complications.  4. Father of the woman submitted that media report indicated that she delivered a child at Sanjiban hospital but the court didn’t find any material regarding this.The state submitted ...

  Brief of SC on Unfair Trade Practices by Builders  Quick Brief of the order passed by the Hon'ble Supreme Court on the “Unfair Trade Practice”, addressing the one-sided contractual terms contained in the Apartment Buyer’s Agreement. The Judgment of the Apex Court was delivered by Indu Malhotra, JJ.  1. Brief Facts of the Case refer to the situation where the flat-buyer entered into an agreement with the builder to purchase an apartment. The builder had acquired the occupancy certificate for the said building for almost 2 years after the date set forth in the agreement.  2. However the builder failed to give the possession as per the stipulated time. A complaint was filed by the respondent before the National Commission under the Consumer Protection Act, 1986 for inadequacy of service.  3. It was held that the respondent could not be compelled to take possession of the building at such a later stage. Further, it said that the clauses of the said agreement were ...

Brief of Allahabad HC order on Special Marriage Act, 1954   Quick brief on case law: Safiya Sultana vs. - State Of U.P. [HABEAS CORPUS No. - 16907 of 2020] where Allahabad HC held “Mandatory Publication of Notice of Intended Marriage under Special Marriage Act, 1954 violates the Right to Privacy.” 1. The present Habeas Corpus Petition is filed by Smt. Safia Sultana, who after converting to Hindu religion and renamed as Smt. Simran, married Abhishek Kumar Pandey as per Hindu rituals. However her father, is not permitting her to live with her husband. They both are adults, duly married with their free will and desire to live together. Thus the custody of the detenue by her father is illegal. The Court directed for the presence of the detenue and her father.  2. Before the court, the married women accepted the averments aforesaid and had shown her desire to live with her husband. The father of the detenue also fairly accepted that since she is an adult, has married with her choic...

Brief on Farm Bill Quick Brief of the Interim order passed by the Hon'ble Supreme Court on the 3 #Farm Laws addressing the deadlock between the Government and the #Farmers Unions and probability of foreign agencies financing the #Agitation.  1. Three category of petition concerning the constitutional validity of farm laws: - First category of petitions under #Article32 challenge the constitutional validity of Central Government to legislate on this subject which was substituted in #Concurrent List (List III) after the 3rd Constitutional Amendment Act, 1954 removing it from being an exclusive domain of the #State List (List II). - Second category of petitions support the constitutionality of farms laws citing the #Benefits and advantages they are likely to introduce in the farming sector. - Third category of petitions is by local residents of areas affected by protests complaining infringement of their #Fundamental Right to move freely throughout the territory and continue trade and...