LEXIS AND COMPANY

 The Author, Anish Bachchan is a law student at Amity Law School, Noida. Everything in this world is dynamic in nature. Time after time, everything changes from societies, countries, technologies and even the human nature. However there are some things that have never changed in the world. For example, when the barbarity of World War II ended, there were lots of people saying that something like this should never be hated again however, the nature has a problem in changing and people just go guns and blazing all over again either in Korea, Vietnam, Afghanistan, Yugoslavia, Rwanda and Congo. These were the wars that should’ve been avoided in the first place but it pretty much shrugged at by the superpowers, NATO, Warsaw Pact and even the UN. According to Neil Halloran, although there are no wars which could even match the magnitude of World War and this kind of world will be called as the New Peace it does not mean that it is a lesson learnt from World War II for the reasons stated abov

 On Tuesday evening, the Police took Vasantha, the woman who moved court for the eviction of a family in Neyyattinkara, into preventive custody, after the attempt at eviction led to the tragic death of a couple. The Police action came after an aggrieved crowd started pouring into the house of the deceased couple who got accidentally immolated while opposing the eviction. According to the Police, Vasantha, who is the neighbour of the deceased Rajan and Ambili, was taken into preventive custody to protect law and order. A video of Rajan, 47 years old, and Ambili, 40 years old, getting immolated in front of their children, had gone viral. It was on December 22 that officials including Neyyattinkara police came to the house, forcing the family to vacate, after Vasantha secured a court order for eviction. With the police forcing the family to evict, despite Rajan asking for more time, the latter poured petrol over Ambili and himself, apparently to make the officials back off. He went on to

 Three of the accused booked in the Bhima-Koregaon case have approached the special National Investigation Agency (NIA) court seeking access to books and newspapers in prison. Acting on the applications of the accused – Hany Babu, Sudha Bharadwaj and Gautam Navlakha – the Special Court has asked the prison authorities to reply to the plea. While Babu and Navlakha are lodged in Taloja prison, Bharadwaj is in Byculla jail. In their separate applications filed by their lawyers Yug Mohit Chaudhry and Chandni Chawla, the trio on Tuesday submitted that when the advocates had tried to deliver books for the accused, the prison authorities refused to accept them, and asked the lawyer to get an order from the court to deliver the books to the accused in prison. Noting that in view of Rule 13 of the Maharashtra Prison Manual, it is within the province of the superintendent of prison to allow such activities, the special court asked the defence to submit an affidavit over the refusal. The court ha

 A division bench comprising of the Calcutta HC has directed the West Bengal Government to ensure that all Covid-19 safety protocols are followed and there is no large gathering in the city for celebrations on the New Year’s eve, which could lead to a spike in the coronavirus infections. Celebrations in Kolkata have come under the scanner of the Calcutta High Court, even as some major cities in India have put restrictions to control the crowd on the night of December 31 to check any further spread of Covid-19. This also comes at a time when the new coronavirus strain, which surfaced in the UK and was reported to be spreading faster, has been detected in at least 20 passengers who returned to India from Britain. On Monday, chief minister Mamata Banerjee had told officials not to let down guard and be prepared to tackle the second wave, which might be triggered by the new strain. The HC observed that even though the festive season has come to an end, people have again started hitting the

 The High Court Bar Association has written letter to request Chief Justice of Allahabad High Court to take suo moto cognizance against UP police for doing wrongful act with an Advocate to maintain law and order in state. The High Court Bar Association has taken a very serious notice of the incident which has taken place at Etah, Uttar Pradesh a few days back. The Police broke open the door of a house and dragged and pulled an Advocate (who was in Advocate's dress) and assaulted him mercilessly. The video of this incident got viral and entire nation has witnessed it. Mr. Prabha Sankar Mishra, General Secretary, High Court Bar Association, Allahabad has issued a letter to Chief Justice, in which he has stated that, "The whole advocacy community is very angry and sad after seeing the brutality done by police personnel of Etah with the advocate and his family members. It is request to the Hon’ble Court to take immediate stringent action against the police for guilty act." .

 In a landmark ruling Kerala High Court recently held that the provisions of Section 357A(1)(4) & (5) Cr.P.C are substantive in nature, hence the victims have a right to receive compensation for the crimes that were committed before the provisions of the above stated section came into play. Case of the Petitioner The Senior government pleader contended that the direction given to the State Government to pay compensation to the victims under Section 357(4)(A) Cr.PC., for a crime that took place on 26.03.2008, taking into consideration the amended provision, bough into effect on 31.12.2009 and based on an application of the year 2013, is completely unjustifiable and is against the statutory provisions. Furthermore it was contended by the State pleader that the application of the above stated section cannot be retrospective in nature, as the retrospective effect of the provision will make the State face the unwanted financial brunt and the same will result in intrusion with the econom

 THE ARMY is in the process of taking over proceedings against a Rashtriya Rifles officer in the Shopian fake encounter case from a civilian court where a chargesheet has been filed against him, The Indian Express has learnt. The Army has decided that the officer, an Army Captain, will be tried in a court martial. A Junior Commissioned Officer is also to stand trial in the case in the military court. Police have filed a chargesheet in the Shopian Chief Magistrate’s Court against Captain Bhoopendra Singh, who went by the operational alias Major Basheer Khan, and two civilians, Tabish Nazir and Bilal Ahmed Lone. The JCO is not named in this chargesheet. While the police arrested the two civilians, they could not arrest the officer “for procedures under AFSPA”. An Army source said Captain Singh and the JCO were placed under arrest by the Army soon after evidence emerged of wrong doing, and they are in the custody of military police. The chargesheet accuses Captain Singh and the two civili