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Pune Porsche Crash: Father of Minor Granted Bail

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Delay in submitting the forensic test report due to the lack of adequate manpower poses a significant challenge to the administration of justice: Orissa High Court

By - Pavni Dada* The field of forensic science is hampered by manpower shortages. Due to this, as well as the large number of pending cases, experts frequently fail to complete the testing within the time frame set forth in the testing protocol. The High Court of Orissa took note of the fact that most of the forensic laboratories are understaffed and lack basic infrastructure. It was brought to the notice of the court that 579 cases pertaining to DNA tests are pending with the State Forensic Science Laboratory (“SFSL”), Bhubaneswar which is manned by only two Scientific Officers and two Assistant Scientific Officers. Though proposals to increase the strength have been given to the government, no steps have been taken by the government in this regard. Also Read - Admissions conducted through private counselling are per se illegal: Supreme Court dismisses plea of students admitted through private counselling “It is unfortunate that the State Government has not given pr...

The Pension Scheme for freedom fighters cannot be construed in a manner that the requirements prescribed are rendered a dead letter: Bombay HC

By - Pavni Dada* The petitioner, Smt. Rukhminbai submitted that her husband, Asaram Daulatrao Kale (deceased), who died on April 5, 2017, was entitled to pension payments. On November 24, 1994, Asaram Daulatrao was alleged to have submitted a request for provision of pension under the Swatantra Sainik Samman Pension Scheme 1980 (“Scheme”) to the district collector of Aurangabad with the documented evidence needed. According to the petitioner, her husband had learned for the first time in January 2014 that on May 12, 1999, his pension claim was dismissed under the scheme. The Aurangabad bench of Bombay High Court observed that “...the petitioner herein has no locus standi to lay a claim to pension under the Scheme once her deceased husband’s claim to the same was rejected by the concerned Authority.” Also Read - Rent Act would not come to the aid of a "tenant-in-sufferance" vis -à-vis SARFAESI Act due to the operation of Section 13(2) r/w Section 13(13) of the SARFAESI A...

Counsel's failure to argue written submissions is not a ground of review: Bombay High Court

By - Sameeksha Negi* The Bombay High Court has observed that “If Counsel has not urged a point, the fact that there were written submissions is immaterial if those written submissions were never in fact argued.” The Bench also added that “Counsel’s failure to argue written submissions is not a ground of review or, I dare say, even appeal. It is no ground to assail any order of any judge of any court.” The bench was hearing a review petition filed for seeking reinstatement of original arbitration petition on grounds some of which were never argued and others never pleaded and the said petition was filed after the original arbitration petition was fully argued, and then decided by pronouncement in open court. Also Read - The Pension Scheme for freedom fighters cannot be construed in a manner that the requirements prescribed are rendered a dead letter: Bombay HC According to Justice GS Patel allowing parties to take grounds in review pleas or in appeals that were not argued initi...

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