Choudhury Legal Service

07/03/2016

17/08/2015

HIGH COURT OF TRIPURA
Irrelevant questions in cross-examination can be rejected but in a criminal case, the accused not only has a right to cross-examine the witness but has a right during cross*xamination to surprise the witness by drawing his attention to certain documents which are not on record. Reference in this regard may be made to Section 145 of the Indian Evidence Act, 1872.
SRI RAJIB DEBNATH VS.STATE OF TRIPURA, CRL.PETN. 32 OF 2015, DECIDED ON: 04.08.2015

16/03/2015

All courts shall remain suspended today as a protest against the merciless killing of Advocate Nabi Ahmed, 30yrs old, allegedly by Shailandra Singh, a police constable.
We want justice for Nabi Ahmed, and a strict law to fight against such inhuman acts.

27/12/2014

Attention!
This is for general information that, a marriage certificate sealed and signed by the Notary of a Court is not valid.
We have been watching that in many District Courts, this practise is going on to fool the public.
The Karnataka high court on 15th July directed the law secretary to issue a circular restraining notaries from issuing certificates solemnizing marriages.
The court summoned the registrar and the notary who had issued the 'marriage certificate'. "We are noticing notaries issuing such certificates in respect of declaration of marriage. In fact, they are playing with the lives of people. People should not misunderstand this. It is not a valid document," the bench observed.

Thus this is an appeal to the common people in their own interest not to be fooled by mal practicing lawyers and notaries. Only a person of the rank of and above of sub - registrar can give declaration of marriage.

04/12/2014

The Legal Legend, V.R. Krishna Iyer, former Judge of Supreme Court is no more.

Few of his achievements are noteworthy:
1. Padma Vibhushan Award by the President of India
2. 105 published books by him.
3. LLD (Doctor of Laws) Honoris Causa by Annamalai University
4. Supporting the campaign for, "Islamic banking and finance into India"
5. Recipient of Capital Foundation Award for his outstanding contribution in the field of Judicial Reforms & many others.

04/12/2014

10 legal rights every woman must know ::::.
1 Free legal aid
Exercise your right to free legal aid. Often, women go to the police station unaccompanied by a lawyer to get their statement recorded, and they stand the risk of being misquoted or their statement being tampered with. The police may also treat the entire episode lightly and not lodge an FIR. So, it is necessary to have a lawyer with you while you lodge the FIR. “According to a Delhi High Court ruling, whenever a r**e is reported, the SHO has to bring this to the notice of the Delhi Legal Services Authority. The legal body then arranges for a lawyer for the victim,” says Saumya Bhaumik, women rights lawyer.

2 Right to privacy while recording statement
Under section 164 of the Criminal Procedure Code, a woman who has been r**ed can record her statement before the district magistrate when the case is under trial, and no one else needs to be present. Alternatively, she can record the statement with only one police officer and woman constable in a convenient place that is not crowded and does not provide any possibility of the statement being overheard by a fourth person. The cops have to, by law, upkeep the woman's right to privacy. It's important for the person to feel comfortable and not be under any kind of stress while narrating the incident.

3 Time doesn't matter
The police cannot refuse to register an FIR even if a considerable period of time has elapsed since the incident of r**e or molestation took place. If the police tells you that they can't lodge your FIR since you didn't report it earlier, do not concede. "R**e is a horrifying incident for any woman, so it's natural for her to go into shock and not want to report it immediately. She may also fear for her safety and the reputation and dignity of her family. For this reason, the Supreme Court has ruled that the police must register an FIR even if there has been a gap between the report and the occurrence of the incident," says Tariq Abeed, advocate, Supreme Court.

4 Email to the rescue
According to the guidelines issued by the Delhi Police, a woman has the privilege of lodging a complaint via email or registered post. If, for some reason, a woman can't go to the police station, she can send a written complaint through an email or registered post addressed to a senior police officer of the level of Deputy Commissioner or Commissioner of Police. The officer then directs the SHO of the police station, of the area where the incident occurred, to conduct proper verification of the complainant and lodge an FIR. The police can then come over to the residence of the victim to take her statement.

5 Cops can't say no
Ar**e victim can register her police complaint from any police station under the Zero FIR ruling by Supreme Court. "Sometimes, the police station under which the incident occurs refuses to register the victim's complaint in order to keep clear of responsibility, and tries sending the victim to another police station. In such cases, she has the right to lodge an FIR at any police station in the city under the Zero FIR ruling. The senior officer will then direct the SHO of the concerned police station to lodge the FIR," says Abeed. This is a Supreme Court ruling that not many women are aware of, so don't let the SHO of a police station send you away saying it "doesn't come under his area".

6 No arrests after sunset
According to a Supreme Court ruling, a woman cannot be arrested after sunset and before sunrise. There are many cases of women being harassed by the police at wee hours, but all this can be avoided if you exercise the right of being present in the police station only during daytime. "Even if there is a woman constable accompanying the officers, the police can't arrest a woman at night. In case the woman has committed a serious crime, the police has to get it in writing from the magistrate explaining why the arrest is necessary during the night," says Bhaumik.
7 You can't be called to the police station
Women cannot be called to the police station for interrogation under Section 160 of the Criminal Procedure Code. This law provides Indian women the right of not being physically present at the police station for interrogation. "The police can interrogate a woman at her residence in the presence of a woman constable and family members or friends," says Abeed. So, the next time you're called to the police station for queries or interrogation when you have faced any kind of harassment, quote this guideline of the Supreme Court to exercise your right and remind the cops about it.

8 Protect your identity
Under no circumstances can the identity of a r**e victim be revealed. Neither the police nor media can make known the name of the victim in public. Section 228-A of the Indian Penal Code makes the disclosure of a victim's identity a punishable offense. Printing or publishing the name or any matter which may make known the identity of a woman against whom an offense has been committed is punishable. This is done to prevent social victimisation or ostracism of the victim of a s*xual offense. Even while a judgment is in progress at the high court or a lower court, the name of the victim is not indicated, she is only described as 'victim' in the judgment.

9 The doctor can't decide
Acase of r**e can't be dismissed even if the doctor says r**e had not taken place. A victim of r**e needs to be medically examined as per Section 164 A of the Criminal Procedure Code, and only the report can act as proof. "A woman has the right to have a copy of the medical report from the doctor. R**e is crime and not a medical condition. It is a legal term and not a diagnosis to be made by the medical officer treating the victim. The only statement that can be made by the medical officer is that there is evidence of recent s*xual activity. Whether the r**e has occurred or not is a legal conclusion and the doctor can't decide on this," explains Bhaumik.

10 Employers must protect
It is the duty of every employer to create a Sexual Harassment Complaints Committee within the organisation for redressal of such complaints. According to a guideline issued by the Supreme Court, it is mandatory for all firms, public and private, to set up these committees to resolve matters of s*xual harassment. It is also necessary that the committee be headed by a woman and comprise 50% women as members. Also, one of the members should be from a women's welfare group

20/11/2014

Parents held for 'honour’ killing of 21-year-old Delhi University girl.
NEW DELHI: In a horrific case of "honour killing" in the capital, a 21-year-old final year student of Sri Venkateswara, a leading college in Delhi University's south campus, was allegedly murdered by her family because she had married a boy from another caste and region.

The victim, Bhavna, was allegedly strangled by her parents and uncle at their southwest Delhi home after which her body was taken to her hometown, Alwar, and quietly cremated, police said. Her parents — Jagmohan, a property dealer and local Congress party member, and Savitri — have been arrested.

Bhavna had on November 12 got married at an Arya Samaj temple to Abhishek Seth, 24, an assistant programmer at the Cabinet secretariat. Bhavna was a Yadav from Rajasthan while Abhishek is a Punjabi

30/10/2014

In a blow to Kerala bar owners, the high court on Thursday upheld the ban on liquor in the state, in view of the state government's revised abkari policy.

The court ruling, however, allowed four-star and heritage bar hotels to remain open. But, the court did not allow the petitions filed by two and three-star hotels as well as unclassified bar hotels.

Through the abkari policy, the stat government had limited sale of liquor to five-star bar hotels and government-run retail outlets.

Three and two-star hotels form the majority of the bar restaurants in the state.

Interfering with the government's decision and ruling in favour of four-star bar hotels and heritage hotels, justice K Surendra Mohan said the government didn't consider the recommendations of the one-man commission report and consideration of its recommendations are not reflected in the revised abkari policy.

Therefore, the government had no material to make the classification regarding limiting sale of liquor to five-star hotels, the court said.

The court declared that in such circumstances, the government's decision was arbitrary and in violation of Article 14 of the Constitution (Right to equality) and the abkari policy will stand modified to that extent.

"Though the abkari policy proclaims that it has been issued considering the One Man Commission Report and the report of the secretary (taxation), except for a passing reference, no consideration of the recommendations of the Commission is available in the policy. It is no doubt true that the government is not bound by the recommendations of the One Man Commission. However, the government should have at least stated that it was rejecting the recommendations. The abkari policy 2014-15 ignores the recommendations of the One Man Commission altogether. Therefore, it has to be held that there was absolutely no material before the government for the classification that has been adopted, of picking out hotels having five star classification and above for the purpose of the preferential treatment of granting FL-3 licences or bar licences," the 137-page judgment stated

30/10/2014

NEW YORK: A man in the US has been arrested and charged for stabbing a watermelon with a butcher knife and leaving it in the kitchen for a woman to see in a "passive aggressive" swipe.

Carmine Cervellino, 49, from Thomaston, Connecticut, has been arraigned in Bantam Superior Court on charges of second-degree threatening and disorderly conduct.

He was released on Monday after posting a USD 500 bond and had his case referred to Family Services, The Register Citizen reported.

The man has been accused of stabbing the watermelon with a butcher knife and leaving it in the kitchen for the woman to see, in what police describe as a "passive aggressive" swipe.

The woman was unnerved by what she perceived to be a menacing gesture directed at her and reported it to police.

The woman said she felt Cervellino was resorting to "passive aggressive" tactics to "intimidate her because he is angry at her," Thomaston Officer Keith Koval wrote in a report.

Initially, the woman came to police headquarters the morning of July 4 to report finding a plastic bag of ma*****na and a pill container ?- with her name ?- which had Percocet and an unidentified blue pill inside. It was hidden in Cervellino's tool box, she told police.

She snatched them up, took pictures with a cell phone camera and stowed them away in her room.

Later, when the woman returned home, she found the drugs missing, she claims, but she showed police the photos. Cervillino is not facing any drug charges.

The woman returned a second time and was greeted by the sight of a watermelon, pierced by Cervillino's large butcher knife, sitting on the kitchen counter top, police said.

Cervillino walked in seconds later, and without saying anything, began slicing pieces of the watermelon. The woman snapped a picture of the knife and turned it over to police.

29/10/2014

The Supreme Court of India has issued a notice to the Department of Telecom (DoT), seeking a response on how it plans to block p**n websites, especially those that promote child s*x abuse.

Supreme Court asks for response from DoT on child p**nography. According to reports, the apex court bench led by Justice BS Chauhan used strong words saying “Nothing, you have to do it” in response to Additional Solicitor General KV Viswanathan’s request for more time on a plea for blocking such websites in India.

Earlier this year, the court had granted the government an extension of four weeks to come up with a mechanism for blocking websites that contain or promote all sorts of child p**nographic material.

It is worth mentioning that the central government, on multiple occasions expressed its inability to ban or block foreign-based p**n sites in India due to several legal and technological constraints. In its defence, the government had stated that it was experiencing a lot of difficulties (primarily due to the physical location of the overseas-based servers) while trying to take measures against such websites in the country.

The bench later advised the government to work with all those ministries that can collectively bring forth a mechanism to enable strong and flexible actions on Internet child p**nography.

The war against Internet p**nography has intensified in the country following a PIL filed by Kamlesh Vaswani – an Indore-based lawyer who argued that even though watching p**n is not a crime, such sites should be banned on the ground that they have been a prime cause of crime against women.

“The petitioner most respectfully submits that most of the offences committed against women/girls/children are fuelled by p**nography. The worrying issue is the severity and gravity of the images are increasing. It is a matter of serious concern that prepubescent children are being r**ed,” the petition read, further adding, “At best, the IPC only recognises the offences of obscenity, kidnapping, abduction, and other related offences which are not sufficient to tackle the issue of p**nography, and such videos,”

29/10/2014

The Supreme Court on Tuesday ruled that police are mandatorily required to register FIR when approached by complainants willing to report a cognizable offence

Police must register FIR in cognizable offence, says Supreme Court. The verdict was declared by a five judge Constitution bench led by Chief Justice P Sathasivam. The bench, in its ruling, stated that adequate disciplinary action must be taken against all police officers who fail to register a First Information Report (FIR) on complaints against cognizable offence.

The bench also stated that all preliminary investigations must be completed within no more than seven days. The objective of preliminary investigations, according to the law, is just to evaluate whether or not the complaint provides sufficient information about a serious offence (instead of evaluating the veracity of the complaint).

The apex court further mentioned that police are allowed to launch preliminary investigation before registering an FIR only in select few cases, including matrimonial dispute, financial mishandling, corruption as well as a small number of other categories.

It is worth mentioning here that cognizable offence is those where investigative officers are allowed to arrest the accused even without warrant. If convicted, cognizable offenders can be subject to a minimum imprisonment of three years.

29/10/2014

The Bombay High Court ruled that drink driving tests conducted by on-duty traffic police on drivers is important and adequate as per existing laws. The court also made it clear that despite not being a cognizable offence, cops on duty have the legal right to stop a vehicle of they suspect that its driver is under the influence of alcohol.

Police can lawfully arrest drivers for breath test, says Bombay High Court. The judgment was delivered by a division bench comprising of justice GS Patel and justice SC Dharmadhikari while hearing a plea by one Rani Doshi who was arrested by the police in 2011 for drunk-driving.

Apparently, as per available records, Doshi – a Juhu resident, was driving in the vicinity of the Phoenix Mills on April 27, 2011. The traffic police, however, stopped her car mid away to conduct a breath test. Later, it was established that Doshi had consumed more than 30ml alcohol. She was taken to the NM Joshi Marg Police Station where she was asked to pay INR 2000 as fine in addition to signing a bond whereby she would be legally bound to appear in the metropolitan court on the next date of hearing.

She later appealed to the Bombay High Court pleading not guilty.

“The plea that subjecting oneself to the test (breath analyser) itself is deprivation of life and liberty can’t be accepted. Breath test and laboratory test are both provided to obtain a proof of a person being in such a state as could be termed as unfit to drive a motor vehicle,” the bench noted during the course of the trial, DNA India reports.

The division bench also upheld the power of the traffic police under which, it they are allowed to make an arrest under section 185 of the Motor Vehicle Act.

“The power to arrest without warrant in case of the offence punishable under Section 185 is only to enable a police officer to subject a person to the test specified in Sections 203 and 204 of the MV Act,” the court stated.