Replete with far-reaching implications, the Allahabad High Court has just ruled that even if the ownership of the vehicle involved in a motor accident was not transferred at the time of the mishap, an insurance company would still be liable to compensate the victim.The case emanated from a road accident wherein one vehicle involved in a fatal collision had not yet been transferred to the new owner at the date of the accident. In a claim brought under the Motor Vehicles Act the legal representatives of the victim who died filed for compensation claiming damages payable by the insurance company operating with regard to the said vehicle. However, the claim was disputed by the insurance company as it claimed that since the owner of the vehicle had changed but not updated in the registration records, they did not owe any compensation. The Allahabad High Court rejected the argument put forth by the insurance company and held the insurance company liable for compensation. According to the court, on the sale of a vehicle, under Section 157 of the Motor Vehicles Act, 1988, the insurance policy gets automatically transferred to the new owner. The provision ensures that even in the absence of registrable registration of ownership transfer, the insurance cover will remain valid if the policy is in force. In explanation, the court indicated that with an insurance policy in a motor vehicle case, third-party victims should not be disposed of by technical issues such as delayed owners' transfer. The court further clarified that an insurance policy is fashioned to offer protection and compensation on affected parties from road accidents, and it cannot use procedural flaws in the owner transfer to claim exemption. Key Take-Aways To this end, no-fault liability says that innocent third parties, such as the victims of an accident, should not be deprived of their compensation because of a controversy over compensation between the vehicle's owner and the insurance company. Thus, the court underlined that the rights of the victim are superior to mere technicalities and obstructions in the delivery of justice. In addition, the court determined that whatever controversy that would develop over ownership and conveyance of the vehicle between the seller and the buyer does not bring any prejudice regarding the liability of the insurance company under the active policy. Consequences: It further reiterates the rights of victims of accidents to compensation, as well as whether the vehicle at the time of the accident was owned or not by that person and informs the insurance companies of the fact that issues of ownership do not exempt them from their liability under third-party motor vehicle policies.
This comes in the wake of serious concerns raised by the Madras High Court about rampant smoking of banned tobacco products, a particular culprit being 'Cool Lip' among school-going students in Tamil Nadu. A PIL filed by advocate R. Rajesh before the court had explained in detail how the manufacturers and distributors of these banned products needed to be dealt with as well.The Core of the Issue Cool Lip' flavoured tobacco item is strictly prohibited under the Cigarettes and Other Tobacco Products Act (COTPA), 2003. Though the commodity is strictly prohibited, the presence of this in local shops and the enhancement of usage among school children have caused alarm among parents, school authorities, and public health personnel. The item has an irresistible flavour, and it is highly addictive so that it is a great threat to the health of young children. Citing in his petition that the banned products could be easily accessible near schools and colleges, students will be most vulnerable to addiction Advocate R. Rajesh pointed out. The Madras High Court expressed very serious concern over the state's failure to enforce tobacco control laws properly, particularly in protecting minors from exposure to such hazardous items. Court's Directives Based on this PIL, the High Court passed a set of stringent directions to the state government of Tamil Nadu, law and order machinery, and the Food Safety Department. It directed the government to take immediate action against the illicit sale of the tobacco product and find out and prosecute those involved in the manufacture and distribution of the same. The court stressed that there should be more vigilance around school grounds as well as public areas to prevent small children from accessing such products. It also called for the government to initiate more awareness programs in schools to explain to the students the dangers of smoking and such other tobacco products as 'Cool Lip'. Health Implications and Legal Liability The flavoring of tobacco that gives it to the minors has been associated with notorious health risks such as nicotine addiction, respiratory problems, and developmental issues. It goes without saying that these products are still being marketed, despite a legal prohibition on them, and it is an important failure in terms of tobacco control laws in the state. In this regards, it held it quite essential that protection of children from such harmful substances becomes not only a legalistic but also a moralistic responsibility. It urged the governmental machinery to take swift and effective action for proper implementation of the ban on tobacco products so that children can be protected and their health and wellbeing assured. Conclusion The greatest need to enforce tobacco control laws in the State of Tamil Nadu with special emphasis on protection to minors is highlighted by the intervention of the High Court of Madras. Its orders, if suitably followed up would be very effective in checking the usage of banned tobacco products amongst the school-going students there and thereby would protect their health and future.
Delhi High Court on Tuesday refused to quash an FIR lodged against a woman accused of deceitfully taking ₹25 lakh and an Audi car from her former partner. The woman filed a petition before the court to quash the FIR and claimed that the allegations against her were false and prejudiced with personal malice as their relationship soured after breaking up.The court observed that proper investigation of the matter was required to ascertain the truth in regard to the allegations. Case Background The FIR was filed against the woman based on a complaint the ex-partner lodged against her, stating that she exploited their romantic relationship and extracted a huge sum of money and an expensive car under false pretenses. He alleges that she had managed to coax him into depositing ₹25 lakh in her account and an Audi car, also for business purposes, during the relationship. She did not return the money or the car after the relationship ended and would not speak about the matter even when approached by him on this count, the complaint presents. Feeling cheated, the complainant went to the police, resulting in the filing of an FIR under sections of cheating and criminal breach of trust under the Indian Penal Code, 1860 (IPC). Plea to Quash FIR The lady in her defence stated that allegations are entirely false and presented through the course of vengeance. She argued that monetary and transfer of car are voluntary acts by her ex-partner and, in fact, gifts given during their relationship and over the course of it. She added that the FIR is an abuse of the legal process and the complaint to police is a means of harassment. A woman approached the Delhi High Court with a petition to quash the FIR lodged on her complaint which, according to her, was not a case involving any criminal ingredient but more of a personal dispute between two individuals. Court Observations and Decision The Delhi High Court dismissed the FIR when both parties presented their side. In addition, it pointed out that no consideration be given for dismissal of the FIR solely based on the accusations made by the accused especially when such substantial amounts of money and assets were involved. In that sense, the court further noted that the quashing of an FIR should be an exception and not a rule, especially in cases in which investigations were not completed. According to the court, it should proceed with the investigation without interference such that all the facts will come out and justice is served.
In a landmark judgment, the Rajasthan High Court quashed the cases of corruption against a 100-year-old man and his wife aged 96 years, relying upon their old age and health condition for relief. The couple was under a long-standing corruption case filed against them for accepting bribes and misappropriating public money during the man's tenure as public servant.This case history dates back to the 1980s when he was a government official and his wife was charged with being an accomplice in the so-called corrupt practices. Charges against the couple were taking bribes and financial impropriety in terms of public works projects. Through the years, the case was to encounter considerable delay in the judicial process because of a slow procedure of the case along with several legal objections by the defense team of the couple. The centenarian and nonagenarian couple moved the Rajasthan High Court. The charges were sought to be quashed with the added grounds of their advancing age coupled with declining health. It was urged on behalf of the petitioners that persons who have attained such advanced ages should not be put through a protracted trial and that justice would not be served thereby. Defense Counsel argued further that evidence against the couple had depreciated with time because most of the key eye witness is dead, and some of the evidence documents were either destroyed or lost. While pronouncing the judgment, the Rajasthan High Court took into consideration the long pendency of the case and how graver the health conditions of the accused had become. The court understood that charges related to corruption are indeed serious ones and should not be drawn for examination without proper legal measures; however, circumstances did call for a humanitarian consideration. This is in light of which the court held that it would be contrary to the principles of fair justice to force an aged centenarian man and his wife, who happens to be 96 years old, to undergo a trial given their medical condition. It also noted that no urgent public interest has been shown by the prosecution to continue the case when the accused were physically incapable of enduring legal proceedings. Indeed, loss of key evidence and witnesses over the years makes one doubt the probability of a fair trial. Furthermore, the court relies on the established judicial practice that old age and health issues were taken into account while deciding to further procedure of the judicial process. The point suggests without a doubt that in the case of serious impairments of physical or health conditions which are hampering the possibility of participation in judicial proceedings, discretion is exercised in favor of the accused. This decision and the Rajasthan High Court acquitted the charges on the elderly couple. That case, that had dragged on for decades is finally brought to an end. The result shows that the eagerness to strive for justice should be balanced with human sentiments and prudence in cases involving aged and vulnerable parties.
The Kerala High Court refused lately to quash criminal proceedings against a leading review for revealing the identity of the victim in the sensational Dileep case, which involved the hijacking and sexual assault of a womanish actor. A case was filed against the review for committing an offense under Section 228A of the IPC which prohibits the exposure of the identity of the victims in cases.It had published information which either directly or laterally led to the identification of the victim within its report on the case. This fact gained considerable publicity as well as legal backlash for the newspaper, since Section 228A IPC deems disclosure of any sexual assault victim's identity as a culpable offense, whether it is done with or without intent or negligently. Through the writ petition filed before the Kerala High Court, it urged that the case be quashed, considering that disclosure was neither an intentional leak of information. The identity was revealed only through indirect details and not directly; charges under Section 228A IPC must fall away. These pleas, however, were rejected by the Kerala High Court as it simply said the privacy of the victims of sexual assault is imperative and that is covered by law, hence their dignity and safety as well. The court has reaffirmed that there is no difference between direct and indirect identity revelation; any such revelation leading to identification shall be a violation of Section 228A IPC. The court also observed that the media should be cautious in reporting cases that involve sensitivity, as well as sexual violence cases. Failure in this has an impact on different processes and has serious effects on the mental state, safety, and general wellbeing of the victim. It held that although the disclosure was involuntary, the newspaper had a duty to ensure that its report did not breach the law. Rejecting the prayer to quash the case, Kerala High Court held that the facts would be gone into in greater details by the trial court at the time of trial and newspaper an opportunity to put its defence available at the time of trial. The mere prayer to rely upon inadvertence was not sufficient to dismiss the case at this stage. Thus, the judgment emphasizes the accountability of the media in sexual assault cases and strengthens legal protections of victims under Section 228A IPC. The judgment affirmatively states that no violation of a victim's right of privacy, whether actual or constructive, invites heavy lawful actions against the victims.
Observing that authorities under the Goods and Services Tax (GST) regime cannot invoke provisions of the Indian Penal Code (IPC) for offenses that are explicitly covered under the GST Act, the Madhya Pradesh High Court Wednesday said this because a petition arose due to a challenge by this judgment where IPC sections were invoked in addition to the GST law for alleged tax-related offenses.Additional charges have been framed against the petitioner businessman, accused of tax evasion under the GST Act, based on various sections of the IPC for cheating and criminal conspiracy. It is argued before us by the authorities that the acts of the said accused are offences outside the purview of the GST Act and, therefore, are also punishable under the IPC. On this point, the Madhya Pradesh High Court held that as the GST Act is an all-inclusive law specially framed for regulating the taxation system for goods and services in India, a scheme for prosecution, penalties, and other legal consequences for violating provisions of tax evasion or fraud or even otherwise was incorporated by enacting such provisions and including them in the said act. The court observed that the GST Act itself has in-built safeguards and penalties for all kinds of tax-related misconduct ranging from not paying the taxes to fraudulent returns and false claims of input tax credit. The court noted that since the GST Act itself provides specific remedies and penalties for tax-related offences. In the case of Mik Waters, the High Court of Judicature at Bombay held that provisions from the IPC are not to be brought into play where offences fall squarely within the ambit of the GST law. It further mentioned that the GST Act had sufficient provisions for dealing with serious contraventions, which also included the possibility of imprisonment in case of fraud and filing of false information. The High Court also rejected the plea of criminal conspiracy or cheating under the IPC as the very specific provisions available under the GST Act were sufficient to handle matters. It further clarified that if an offence deals with only tax evasion or connected activities under the GST regime, it should be dealt with exclusively under the GST Act. Ordered to quash the charges brought under the IPC and further instructions to proceed only under the relevant provisions of the GST Act.
Under this policy, any vehicle older than 15 years of age is targeted. For the petitioner, this policy is arbitrary and violative of constitutional provisions, as the decision is based upon age alone rather upon actual condition or functionality. The plea asks for a change in policy: it suggests that instead of age, vehicle scrapping could be based on the condition of the vehicleThis policy was brought about by the government with an idea to reduce the levels of pollution by the removal of the older vehicles from the roads. These may sometimes be more polluting due to age. Under the current scheme, those that are above 15 years old are considered as no longer road-worthy and must be retired from the roads by the owners. Emissions, safety, and energy efficiency are reasons why the government believes it necessary to put this in place. However, the plea complains that such blanket prohibition infringes the right of citizens to their property under Article 300A of the Indian Constitution. The petitioner submits that it is the roadworthiness of a vehicle that should determine whether it ought to be permitted on the roads and not merely its age, as the plea stated. Many vehicles have been found in good condition despite exceeding 15 years of age. They pass tests for fitness and emission, said the plea. It, therefore, would place undue burden on automobile owners who would be called to scrap their vehicle while in good working condition, especially if they have already spent sufficient amounts for the vehicle's maintenance and upkeep. The petition also throws to the forefront the environmental and fiscal implications of this policy. Scrapping on-road-going vehicles only increases the unnecessary waste generated, adding more economic pressure on the middle-class and low-income owner of the vehicles, who might not be in a position to purchase new ones. The plea urges the Supreme Court to intervene to instruct the government to reconsider its policy so that the vehicles may be evaluated rather on the criterion of fitness and emissions than their age. The petition is admitted by the Supreme Court, issuing notices to the concerned government authorities for response in the matter. This case presents important questions on how to strike a balance between environmental concerns and rights of citizens and what practical implications such broad-based policies would have. At the same time, the ruling on this case can have far-reaching effects on how law handles policies that affect personal rights in property and also the environment. This judgment will greatly affect future vehicles management and environmental policies in India..
The Supreme Court of India recently decided a landmark case that addresses whether a resignation submitted by an employee becomes effective only after the communication of the acceptance thereof to the employee. The case itself arose when the employee had tendered his resignation but sought to withdraw it prior to the official communication of its acceptance by the employerBackground of the Case The case happened to be an employee who tendered his resignation to the employer, handing it over voluntarily, believing that on his own, such a resignation would take effect. Before the employer could give its formal acceptance with communication of acceptance of the resignation, the said employee made a decision and attempted withdrawal of the resignation tendered. The employer dug in its heels and insisted that after the resignation had been tendered, it could not thereafter be withdrawn but would remain final. Legal Issue The judicial question on that occasion presented to the Supreme Court was: Can a resignation tendered be withdrawn before the employer has actually communicated acceptance? The employee's point of argument was that without formal communication of acceptance, the resignation could not be considered as finally accepted and therefore the door should be left open for withdrawal. The Supreme Court's Decision The Supreme Court declared the employee to be correct when its judgment held that resignation does not become effective legally because of its submission alone. The above-stated occasions are the occasions when the employer accepts the same formally and the intention is communicated to the employee, wherein resignation takes effect. The Court held that communication of acceptance is the most important thing in an employment contract, which completes the resignation process. Submission of a resignation letter is only an offer to resign and involves an act of acceptance by the employer, which makes the resignation final. A resignation is not effective until this acceptance is communicated; and until then, the employee has a right to withdraw the resignation. Key Takeaways Resignation as an Offer: The court declared that a resignation is nothing but an offer by the employee to end the employment contract. It is this very offer which has to be accepted by the employer. Communication of Acceptance: The acceptance of the resignation has to be communicated to the employee in adequate terms and owing to lack of such communication, the resignation may even be withdrawn by the employee at the peril of the employer. Right to Withdraw: The judgment has the right for the employees to reconsider and withdraw their resignation as long as they were not officially communicated with the acceptance of such resignation. Effect of the Case Judgment Such judgment would promote employee rights as one gains protection when he decides to resign from his post but later changes his mind. Such judgments prevent any form of resignation as it is only a two-way process whereby both parties consent and communicating to each other, hence to any employee is being protected against premature or unintended effects. .
The Supreme Court of India has directed the Bar Council of India (BCI) to permit final-time law scholars to provisionally enroll for All India Bar Examination (AIBE) XIX. The judgment, delivered on 15 September 2023, brings much relief to the aspirant advocates who aspired to become a one but had not confirmed that they were eligible for the examination.Background of the Case Traditionally, a degree granted would be classed as a pass, and graduates would be eligible for the AIBE. This year, scores of final-year students pleaded their case before the Supreme Court with a petition to enable them to register for the impending AIBE XIX examination without awaiting the declaration of results. The petitioners contended that they had sat for the examination, but were awaiting results kept delayed for administrative reasons. Such a stand from BCI denied them an equal opportunity and delayed their entry to the legal profession by limiting admittance to AIBE XIX only to the degree holders. Supreme Court Intervention Hearing the case, a bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia expressed concern over the prolonged delay in the final results of law students due to various institutional issues. The Supreme Court noted that all petitioners had all the academic requirements and preventing them from appearing for AIBE XIX would cause unnecessary hardship. It noted that the special circumstances resulting from delays in administrative processes in universities countrywide would deny the students graduating. Predicated by this substantiation, the High Court ordered BCI to temporarily allow eligible final-time scholars who had sat for their final examinations to register for AIBE XIX, with a contingency that they would produce their degrees at after stages when their sanctioned results came out. Key Findings and Order Provisional Registration: The Supreme Court of India pointed out that the rigidity of the BCI in this case goes against the reality presented by the current situation, as the systemic delays were beyond the control of the students. The Court granted the rights of provisional registration so that the very affected students would appear for the AIBE without waiting for their final results. Submission of Degree Certificates: Although it allowed provisional registration, the Supreme Court was understood by stating that students would have to produce their degree certificates as soon as the results were declared. Non-compliance will attract cancellation of AIBE scores and eligibility. Access to Legal Profession: Through this judgment, the court has also dealt with the need for ensuring access to the legal profession swiftly for candidates in compliance with the profession requirement, particularly considering that the results remain a backlog.
The Madhya Pradesh High Court recently refused to accept a compromise settlement in a rape case, furthering the principle that a woman's body is her own temple and cannot be submitted to any form of violationThe charge was for rape had been compromised. Appellant wanted the case quashed because it was on the grounds that parties mutually agreed to the compromise and accepted each other's terms. Defense maintained that the victim had agreed to withdraw the complaint and then pointed out that criminal proceedings ought to be dropped. However, the bench during the case brought before the Madhya Pradesh High Court was clear in their statement that crimes of rape cannot be settled by compromise. In the case, Justice Subodh Abhyankar said that rape does not just offend an individual but is a crime against society and the basic dignity of women. The court literally refused to accept any compromise stating that a woman's body is her temple and should be treated as such. The court pointed out that rape is a serious crime, and the court's consideration of even a slight form of compromise in such matters would flash a dangerous signal throughout society, watering down the gravity of the crime. Non-Compromiseable Offense: The Court restated that rape is a heinous crime that cannot be settled by the private parties involved. Unlike certain other crimes, which can be settled through mutual agreements, rape is an offense against public order and morality, and no compromise can even out the gravity of the violation. At the same time, the High Court emphasized the principles of bodily autonomy and consent in cases of sexual assault. As it suggested, even when a compromise appears to be arranged and agreed upon in such cases, there simply cannot be any overlooking or forgiving of the violation of a woman's bodily integrity. As a matter of fact, a woman's body is her own personal domain; no one has the right to violate it at any time. Message to Society: In refusing the compromise, the Madhya Pradesh High Court has sent out a stern message to society that the judicial system would not accommodate or agree to any softening in matters of sexual crimes. This judgment goes towards clearly bringing in questions of accountability in matters relating to sexual violence as justice meted out is to the victims, and dignity of women is compromised by such unfortunate acts. Wider Consequences This judgment has a far-reaching implication, and the legal and moral backbone of cases of sexual assault is decided. The judgment reflects the understanding that compromises or settlements should not help escape justice at the cost of heinous crimes such as rape. At the same time, the criminal justice system will have to be more directed toward protecting its victims and upholding the rule of law..
In a landmark progressive step, the Madras High Court recently passed an order to instruct the Central Government to adopt the module of the National Council of Educational Research and Training (NCERT) into the curriculum of schools with respect to transgender issues. This is being termed a huge step forward to make the cause of the transgender concerning education take forward India's education system as becoming more sensitive and inclusive towards gender diversity.The Case Background The case evolved out of a PIL filed by transgender rights activists for the adoption of the NCERT module on transgender inclusion developed but left unimplemented. The module tries to provide educational institutes with a curriculum which shall teach students about the rights of transgender persons and the challenges they face along with actual experiences so that the very cause of gender sensitivity and inclusivity is inculcated amongst the young minds at an early stage. Although progressive laws and judgments are aplenty, including that of the epochal judgment in 2014 from the Supreme Court in the NALSA case, recognising the rights of transgender people, overall, there remains a lack of understanding and awareness of transgender issues in educational institutions, the petitioners submitted. Education regarding transgender concerns would bring about a friendly society. Madras High Court Observations Observations are the Madras High Court, while listening to the case: Including transgender issues in instructional material was discussed by the Court in the following way: Importance of Sensitization: The Court explicitly emphasized that the awareness and sensitivity building about the transgender community needs to be done essentially at the school levels. It brought education as one method towards changing society's attitude and felt early sensitization on gender diversity was required to be inculcated within a tolerant mindset within students. The Court, while acknowledging the NCERT module on transgender inclusion as an important tool for educating young minds about transgender issues, also recognized guidelines from a module that aims to help teachers and schools understand the role of dealing with issues like gender identity and the struggles of transgender people, along with a general requirement that all genders deserve respect and dignity. Urgency of Implementation The Court further emphasized urgency of implementation regarding the NCERT module. It mentioned that unless the concerns of transgenders were treated urgently, only further marginalization of the community was possible. The High Court asked the Centre to implement the module immediately in schools across India. Ensure that the NCERT module on transgender inclusion starts rolling out immediately in all schools across the country Monitor the rollout of the module into the school curriculum and provide critical feedback on the impact it is likely to make towards crafting an even more sensitively gendered environment. Work with state governments and educational institutions to ensure appropriate training for transgender education material to teachers Impact of the Judgment In fact, the order passed by the Madras High Court is a forward step towards greater incorporation and respect of the transgender community in India. Concerns related to transgender will be introduced in school curriculum; the ruling itself aims at reducing stigma and discrimination among the transgender community. The judgment is bound to have far-reaching implications, not only in altering the content of education, but also that of societal attitudes towards gender diversity. It is a major step towards creating an open environment for successive generations so that transgender persons can be treated with the dignity and respect that they deserve.
It is a serious development that the Delhi High Court had recently suspended a district judge from his judicial duties on allegations of indiscipline and misconduct. The judiciary shows, in this instance, the internal machinations it sets in place for judges who fail to ensure strictly adhered to minimum standards of ethics in carrying out their duties. Suspension of a judicial officer, more so at the rank of district judge, reflects the court's zero-tolerance policy on anything that smacks of compromise by persons placed within the judicial system. Background of the Case The repute judge whose name is not known from the public kept identity secret is said to have been involved in actions which were wrongly referred to be against the code of conduct of judicial officers. Delhi High Court has launched an internal inquiry based on complaints that had surfaced regarding the behavior of the judge who was suspected to have resorted to acts of indiscipline that affected the administration of justice. Although details of the allegations will be kept private as they form the crux of current investigations, reports suggest that the behavior of the judge had raised alarms on issues of professionalism, court decorum, and judicial procedure. Allegations of this nature may erode public confidence in this institution since high standards of professional conduct are what make up the backbone of the judicial arm. It is a suspension of a district judge who has been booked to face an inquiry into his conduct. In this period, no judicial functions and duties can be exercised by the judge. The administrative wing of the Delhi High Court is conducting the inquiry. Further disciplinary actions, up to even termination of service, may follow, in case the charges are proved true. Suspensions of this type are very few in the judiciary. Thus, it holds great deal of importance. It tends to show that the judicial process is keen on maintaining transparency and accountability, not even for the members themselves. Legal and Ethical Importance The case underscores not only the necessity and adequacy of judicial accountability mechanisms but also the process in dealing with judicial errancy. Custodians of justice such as judges must necessarily set benchmarks of high ethics. The consequence would be very severe, as is illustrated by this case, once the applicable rules of ethics are breached. More importantly, this suspension strengthens the message that no human being - not even a judge - is higher than the law. The Delhi High Court's move showed its ability to ensure judicial integrity and mete justice with fair and unbiased action. The outcome of this inquiry will further establish the process and procedure in handling such incidents in the future. This incident serves as a reminder on the need for maintaining discipline within the judicial system in order to preserve public trust in the system of law.
Bar Council of India (BCI) has relaxed the no. of students appearing for All India Bar Examination (AIBE). It has, therefore, allowed final semester law students to appear for the AIBE without prior enrollment. The important candidates who can take benefit from this are those law students who are in the final semester of the 5-year LLB course which includes 10th semester law students and those law students who are in the final semester of the 3-year LLB course which includes 6th semester students. This crucial step shall further ease the process for law graduates who are all set to close their academic door, without further delay, to sit for the exam and get ahead in their legal profession. However, it's not the same for those students who would write out their final semester as 9th semester students of the 5 year programme and 5th semester students of the 3 year course are still disallowed from sitting for AIBE. The All India Bar Examination: Its Concept and Importance The AIBE is a qualifying examination made compulsory for every aspiring advocate who aspires to practice legal profession in India. Designed to test the candidate's knowledge and understanding of legal principles at the foundation, they traditionally needed to get enrolled with the State Bar Councils concerned before sitting for the AIBE, thus virtually ensuring that only law graduates or students in their last year of study could apply. However, to make room for the high demand of flexibility and also law students in the last stages of their academic or studies, the BCI deemed it prudent to alter the rules to allow those studying at a final semester stage to be allowed to sit for examination. Key Amendments and Eligibility Under the new rules, students who are currently in their 10th semester of the 5-year integrated LLB course and those in the 6th semester of the 3-year LLB program, can now register for the AIBE even before they finish their degrees or enroll with a State Bar Council. But this relaxation does not affect a student who is in his or her 9th semester from the 5-year course or the 5th semester from the 3-year program. At that time, he or she would be allowed to appear for the AIBE only when he or she reaches his or her final semester or completes his or her degree. Consequences for the Law Student It is positive change in the scenario for students who have only their final semester left as it will allow them to appear for AIBE, along with preparing for which, will accelerate the entry into the field of law. The advantage might be significantly high for already-prepared and keen students, who are eager to reduce waiting time after graduation for the commencement of their practice in law. Whereas, in case all the students of 9th and 5th semester are excluded from appearing for the exam, only those would be left for appearing for the exam who have nearly completed their legal education. In all likelihood, BCI regards this as a step to retain the class and preparedness of candidates appearing for AIBE.
In a shocking incident in the Golden Temple in Amritsar, a man shot himself dead using the firearm of a security officer assigned to a judge. Incidentally, the suicide occurred while the judge was visiting the revered shrine to pay respectsIncident Summary The incident happened inside the premises of the Golden Temple, an important place of religious worship for Sikhs around the globe. According to reports, a man managed to get hold of the weapon of an officer armed with a security guard escorting a judge who was visiting the shrine, and in a tragic twist of destiny, used it to end his life. So far, there had been no case in which the man was identified either by the visiting judge or by the security team. High Court's Suo Motu PIL The Punjab and Haryana High Court did not waste any time. The seriousness of the matter could be gauged by the very fact that this is being dealt with by the judiciary, what with a sitting judge and a weapon belonging to a security officer. The PIL seeks probe into the circumstances leading to the man's suicide, keeping in its focus on the lapses in security that led to this happening in the highly secured and sensitive location of the Golden Temple. The court also wants to go ahead and examine the process carried out by security personnel when accompanying judicial functionaries, like judges and others, so that such a thing will not happen again in the future. This is a fairly significant incident as it concerns both a high-profile religious place and security measures in place for members of the judiciary. Important Issues A few important issues come up from this sad incident: Security Flaws: The first issue that comes to mind is the supposed security breach that allowed an unknown person to have access to a gun. Such an incidence always pushes one to think about the procedure that was followed with regards to the arm and security measures in place. Mental Health Awareness: His reasons for doing so are still unknown, but an incident of this kind puts into focus the present pressing need for mental health care services and suicide prevention programs. Involvement of Judiciary: The indirect link of the judge to the happening very definitely calls for stringent procedures on security arrangements concerning judiciary members in the public realm. .
In a latest judgment, the Bombay High Court has focussed on protecting the doctors from frivolous and unjust criminal prosecutions. Showing concern over increasing criminal cases against doctors, the court points to the potential detriment such criminal prosecutions may have upon the medical profession and the health care system at large. The judgment reiterated that doctors should not undergo criminal prosecution except in cases of gross negligence or willful misconduct.Case Facts and Observations The case discussed here dealt with a case of alleged medical negligence against an attending practicing doctor that led to a criminal complaint. The Bombay High Court observed that the grounds for complaint were very weak and did not merit criminal prosecution. Here, the Court pointed out that doctors, like all professionals, require accountability for their mistakes but at the same time observed that law cannot be used as an instrument for harassment. The court further noted that such cases are not only bad for the individual doctors but also for the medical profession as a whole. Frivolous complaints deter doctors from taking on tough cases, which may result in depriving needed medical care to patients. Legal Framework and Protection for Doctors This Bombay High Court case has highlighted the jurisprudential principles regarding medical negligence. This is so in a series of landmark decisions the Supreme Court of India laid down, holding that doctors cannot, under Section 299 of the Indian Penal Code. This nature of medicine, per se, is one of uncertainty and risk. Even a medical professional exercising reasonable care and skill can make mistakes. The court restated its position that prosecution for medical negligence should only be instituted after preliminary investigation by medical experts on whether the doctor's act was in concordance with the accepted standard of medical praxis. If the doctor followed the standard procedures and acted bona fide, he should not have been subjected to criminal proceedings. Effects on the Healthcare System Rising criminal complaints against doctors draw broad implications for a health system. The possibility exists that doctors may begin to shun the treatment of high-risk patients or complex surgeries in a bid to avoid litigation. The Bombay High Court judgment aims to find an equilibrium between the need for medical professionals to be accountable and the need not to harass them unnecessarily. In an atmosphere that does not fill the courts with frivolous prosecutions, by limiting such frivolous prosecutions in the first place, the Court has managed to give a living legal environment in which doctors can practice without the constant fear of litigation leading, in turn, to better healthcare for all.