JEMTEC

  Recently on 12 th October, 2020, RTI Act completes the 15 years of its enactment. This law has empoweredmillion of people to claim their right to know by invoking its statutory remedy under the RTI Act. The right to information has been recognized as fundamental right and is covered by Article 19(1) of the Constitution, as correctly upheld by Supreme Court of India in its judgment. This law helps the citizen to actively participate in the decision making process of the government and thereby to make the government accountable and responsible. As far as working of the said law is concerned, it is relevant to note that every year around 6 million RTI applications are filed under this Act, thereby making it the most extensively used transparency legislation in the world. During the Covid 19 crisis too, the said legislation has been used as a tool to seek information regarding medical facilities available in the hospitals. Furthermore, It is an effective tool used by the public spi...

In view of the fact that first corona virus patient was found in India in the end of January 2020, from then many corona warriors especially the heath care workers and police personnel have been subjected to abuse and violence while performing the duties. Most of the attack on the corona warriors especially healthcare workers and police officials are found in the areas wherein these personnel had gone for collecting the sample from the suspected patients suffering from the said corona virus. At the outset, the said attack on the corona warriors is condemn able as they have gone for protecting the patients living in the said area without thinking about their own lives. As these warriors are more prone to the attack as this virus spreads in person through contact. The Constitution of India also protects corona warriors’ right to life under Article 21 of the Constitution of India and it is duty of the state to protect them. But certain media reports show that the attack on these warri...

Recently Apex Court in the case of “ Ravi verses State of Maharashtra” in Criminal Appeal no. 1488-89 of 2018 decided on 03 rd October 2019” by 2:1 majority dismissed the appeal of appellant against the Judgment dated 20.01.2016 passed by Bombay High Court   confirming the death reference in the Sessions Case No. 127 of 2012 decided by the Additional Sessions Judge, Jalna, in which the appellant having been found guilty of committing offences punishable under Sections 302, 363, 376 and 377 of the Indian Penal Code (for short, “the IPC”), has been awarded the sentence of death under Section 302, IPC along with the sentence of rigorous imprisonment(s) of different durations with fine for the rest of offences At the outset both the Trial Court and the Bombay High Court have   concurrently held that the aforesaid case falls within the exceptional category of `rarest of the rare’ cases   and where all other alternative sentence,, are excluded except death sentence. In ...

SC in its recent judgment held that it is mandatory to deposit fine/compensation as contemplated under newly inserted section 148 Negotiable Instrument Act 1882 as amended upto date and applies irrespective to criminal proceedings already initiated. Apex Court in its recent ruling “ Surinder Singh Deswal @ Col. S.S.Deswal and others verses Virender   Gandhi” Criminal Appeal No 917944 of 2019(Arising out of SLP(Criminal) Nos. 4948-4975/2019 dated 29/05/2019   held that Section 148 of the N.I. Act, shall be applicable with respect to criminal proceedings already initiated prior to the amendment in Section 148 of the N.I. Act whereby appellants have been directed by the First Appellate Court to deposit 25% of the amount of the compensation/fine imposed by the learned trial court. The   question involved in the case that whether the first appellate court was justified in directing the appellants   who have been convicted for the offence under Section 138 of t...