#Madras High Court Ruling

[techminsolutions]

Landmark Ruling on Input Tax Credit by Honorable Madras High Court: Transforming GST Compliance for Businesses

A Groundbreaking Ruling on Input Tax Credit by the Honourable Madras High Court: Insights from SRI SHANMUGA HARDWARES ELECTRICALS Case In the intricate realm of tax compliance and regulatory frameworks, the Honourable Madras High Court has recently issued a landmark judgement that promises to significantly impact the way input tax credit (ITC) claims are approached in India. The case in question,…

[lawtoppers]

Madras High Court Ruling on Advocate Stickers; मद्रास उच्च न्यायालयाचे अधिवक्ता स्टीकर वापराबद्दल निर्णय

मद्रास उच्च न्यायालयाने वाहनांवर 'अधिवक्ता स्टीकर' च्या गैरवापराबद्दल महत्त्वपूर्ण निर्णय दिला आहे. जाणून घ्या काय आहे हा निर्णय आणि त्याचे परिणाम.

Madras High Court Ruling on Advocate Stickers Madras High Court Ruling on Advocate Stickers The Madras High Court has issued a significant ruling concerning the misuse of ‘advocate stickers’ on vehicles. The court declared that police authorities have the right to take action against lawyers who misuse these stickers to evade legal obligations or claim immunity from traffic rules and other…

[sivavakkiyar]

Acclaimed filmmaker Pa Ranjith, in a strongly worded statement, posed a series of questions to the ruling Dravida Munnetra Kazhagam (DMK) government regarding its stance on the murder of BSP Tamil Nadu chief K Armstrong.

The deceased tall Dalit figure was a close friend of Pa Ranjith and had been politically associated with the Ambedkarite movement.

Armstrong, who was a well-known Ambedkarite Buddhist leader, was hacked to death by bike-borne assailants on July 5. The Madras High Court, on July 7, refused the burial of Armstrong within the party office premises in Chennai as it is located in a residential area, and instead directed to conduct the burial on private land in Pothur village in Vilivakkam Panchayat union in Tiruvallur district.

Eight persons have been arrested in the case. While the police claim that Armstrong was killed in retaliation to the murder of gangster Arcot Suresh last year, BSP and Dalit activists contest the claim and are dubbing it as a ‘political murder’.

In the statement issued on Monday, July 8, which has 7 questions, the filmmaker questioned the DMK government about its decision to deny permission to bury the TN BSP president at his residence-cum-office in Perambur.

Pointing out that they performed the last rites of Armstrong without causing any law and order problem following the principles of Dr. B.R. Ambedkar, Ranjith said that though the DMK government has the power, it had resorted to the court denying permission to bury the body at BSP’s office in Perambur.

“At the end of the nearly two-day drama, we were forced to bury him in Pothur, a suburban village outside Chennai, unwillingly,” he said.

Ranjith alleged that the DMK committed a huge act of deceit by not allowing him to bury his body in Perambur, where he lived.

[amlawfrimseo]

Civil Law Recent Supreme Court Decisions

By S.Bageerathan, Advocate, Practicing at Madras High Court

Civil litigation in India follows strict procedural rules to ensure fairness and efficiency. Recent Supreme Court rulings have clarified key aspects of civil procedure, including limits on amendments, admissibility of evidence beyond pleadings, and jurisdictional issues in interim relief.

Amendment of Pleadings and Evidence

The Supreme Court in Srinivas Raghavendrarao Desai v. Kumar Vamanrao reaffirmed that cases must be based on pleadings submitted by the parties. Amendments are allowed but must follow procedural rules. The court ruled that introducing evidence beyond the pleadings, especially after amendment rejection, is impermissible, maintaining transparency in the process.

To know more: https://www.amlawfirm.in/post/civil-law-evidentiary-limits-and-amendments-in-civil-suits-in-light-of-recentsupreme-court-decision

[tfgadgets]

PIL against Udhayanidhi Stalin’s attire: Madras HC wants to know if there is a dress code for Ministers

File photo of Tamil Nadu Deputy Chief Minister Udhayanidhi Stalin | Photo Credit: C. Venkatachalapathy The Madras High Court on Tuesday (October 29, 2024) wanted to know if there were any specific rules and regulations that prescribed the dress code to be followed by Ministers. The question was raised during the hearing of a public interest litigation (PIL) petition filed against Tamil Nadu…

[brookstonalmanac]

Events 10.1 (after 1950)

1953 – Andhra State is formed, consisting of a Telugu-speaking area carved out of India's Madras State. 1953 – A United States-South Korea mutual defense treaty is concluded in Washington, D.C. 1955 – The Xinjiang Uyghur Autonomous Region is established. 1957 – The motto In God We Trust first appears on U.S. paper currency. 1958 – The National Advisory Committee for Aeronautics is replaced by NASA. 1960 – Nigeria gains independence from the United Kingdom. 1961 – The United States Defense Intelligence Agency is formed, becoming the country's first centralized military intelligence organization. 1961 – East and West Cameroon merge to form the Federal Republic of Cameroon. 1962 – James Meredith enters the University of Mississippi, defying racial segregation rules. 1963 – On its third anniversary as an independent nation, Nigeria became a republic. 1964 – The Free Speech Movement is launched on the campus of the University of California, Berkeley. 1964 – Japanese Shinkansen ("bullet trains") begin high-speed rail service from Tokyo to Osaka. 1966 – West Coast Airlines Flight 956 crashes with no survivors in Oregon. This accident marks the first loss of a DC-9. 1969 – Concorde breaks the sound barrier for the first time. 1971 – Walt Disney World opens near Orlando, Florida. 1971 – The first practical CT scanner is used to diagnose a patient. 1975 – Muhammad Ali defeats Joe Frazier in a boxing match in Manila, Philippines. 1978 – Tuvalu gains independence from the United Kingdom. 1979 – The MTR, Hong Kong's rapid transit railway system, opens. 1982 – Helmut Kohl replaces Helmut Schmidt as Chancellor of Germany through a constructive vote of no confidence. 1982 – EPCOT (Experimental Prototype Community of Tomorrow) opens at Walt Disney World in Florida. 1982 – Sony and Phillips launch the compact disc in Japan; on the same day, Sony releases the model CDP-101 compact disc player, the first player of its kind. 1985 – Israel-Palestinian conflict: Israel attacks the Palestine Liberation Organization's Tunisia headquarters during Operation Wooden Leg. 1987 – The 5.9 Mw  Whittier Narrows earthquake shakes the San Gabriel Valley with a Mercalli intensity of VIII (Severe), killing eight and injuring 200. 1989 – Denmark introduces the world's first legal same-sex registered partnerships. 1991 – Croatian War of Independence: The Siege of Dubrovnik begins. 2000 – Israel-Palestinian conflict: Palestinians protest the murder of 12-year-old Muhammad al-Durrah by Israeli police in northern Israel, beginning the "October 2000 events". 2001 – Militants attack the state legislature building in Kashmir, killing 38. 2003 – The popular and controversial English-language imageboard 4chan is launched. 2009 – The Supreme Court of the United Kingdom takes over the judicial functions of the House of Lords. 2012 – A ferry collision off the coast of Hong Kong kills 38 people and injures 102 others. 2014 – A series of explosions at a gunpowder plant in Bulgaria completely destroys the factory, killing 15 people. 2014 – A double bombing of an elementary school in Homs, Syria kills over 50 people. 2015 – A gunman kills nine people at a community college in Oregon. 2015 – The American cargo vessel SS El Faro sinks with all of its 33 crew after steaming into the eyewall of Hurricane Joaquin. 2016 – The leader of the Spanish Socialist Workers' Party, Pedro Sánchez, resigns. He would return to the position a year later. 2017 – Fifty-eight people are killed and 869 others injured in a mass shooting at a country music festival at the Las Vegas Strip in the United States; the gunman, Stephen Paddock, later commits suicide. 2018 – The International Court of Justice rules that Chile is not obliged to negotiate access to the Pacific Ocean with Bolivia. 2019 – Kuopio school stabbing: one dies and ten are injured when Joel Marin, armed with a sabre, attacks a school class at Savo Vocational College in Kuopio, Finland. 2021 – The 2020 World Expo in Dubai begins. Its opening was originally scheduled for 20 October 2020 but was delayed due to the COVID-19 pandemic.

[iasguidance]

Bombay HC strikes down Centre’s Fact Check Unit

Context: The Bombay High Court struck down as unconstitutional a key provision of the amended Information Technology (IT) Rules, 2021 which empowered the government to identify “fake news” on social media platforms through a “Fact Check Unit” (FCU). There is an option of an appeal before the Supreme Court, given that similar issues are pending before the Delhi and Madras HCs too. The law in…

[jurishour]

Secured Creditors Hold Priority Over Government Tax Claims: Legal Precedents in India - Jurishour

Recent rulings by Indian courts have affirmed that secured creditors have priority over government tax claims during insolvency proceedings, underlining the significance of the Insolvency and Bankruptcy Code (IBC), 2016. Key judgments, including from the Bombay and Madras High Courts, have consistently supported the principle that secured creditors' rights, as enshrined in Section 31B of the IBC and Section 26E of the SARFAESI Act, take precedence over state claims for taxes such as sales tax, commercial tax, and income tax. These decisions uphold that secured creditors can recover debts through the sale of mortgaged assets before satisfying government dues. This emerging legal clarity strengthens the position of lenders during debt recovery and insolvency processes.

Read More:

[lawforeverything]

Judicial review in India

Judicial review refers to the power of the Supreme Court and High Courts in India to declare laws and executive actions as unconstitutional if they violate the Constitution. The Supreme Court, as the apex court, is the final interpreter of the Constitution.

The concept of judicial review was incorporated into the Constitution of India, giving the judiciary the power to strike down laws and executive actions that violate fundamental rights or any other provisions under the Constitution. The Supreme Court can review the constitutional validity of any law enacted by the Parliament or state legislatures. It can also review executive actions by the central government or state governments.

The Supreme Court’s power of judicial review is very wide and includes:

Reviewing the constitutional validity of legislative enactments by Parliament and state legislatures. The court can strike down or invalidate laws that violate the Constitution.

Reviewing executive actions of the central government and state governments such as orders, notifications, rules, etc. The court can declare executive actions as unconstitutional and void.

Protecting and enforcing the fundamental rights guaranteed under Part III of the Constitution. The court can issue writs for the enforcement of fundamental rights.

Interpreting the provisions of the Constitution and determining the scope and ambit of constitutional provisions. The court’s interpretations are binding.

Maintaining the balance of power between the three organs of the state – the executive, the legislature and the judiciary.

Deciding disputes between the center and states or between states in a federal structure.

In exercising judicial review, the Supreme Court has the power to uphold or strike down laws and executive actions. Its decisions have implications for the protection of citizens’ rights and governance of the nation. The power of judicial review makes the judiciary a very influential branch in India’s democratic system of government.

Origins and Constitutional Basis of Judicial Review

The power of judicial review in India is derived from the constitution. Article 13 of the Constitution of India prohibits the Parliament and state legislatures from making laws that infringe on the fundamental rights of citizens.

The Supreme Court of India has the power to declare any law made by Parliament or a state legislature as unconstitutional and void if it infringes on the fundamental rights guaranteed under Part III of the Constitution or if it is beyond the legislative competence of the legislature.

This power is known as the judicial review power of the Supreme Court.

The Supreme Court’s power of judicial review was upheld in A. K. Gopalan vs State of Madras (1950) and has since been invoked in many cases. The court has used it to uphold civil liberties and human rights, as well as to address issues like environmental protection.

Judicial review allows the Supreme Court to act as an independent check on the exercise of legislative and executive power. It helps ensure that laws and executive actions conform to the constitution. The power is intended to prevent tyranny of the majority and protect the rights of minorities.

However, the court’s power of judicial review has been controversial and criticized at times. Some argue that unelected judges should not have the power to overturn laws and policies made by elected representatives. There is also a concern that the court may at times be overreaching. Regardless of the controversy, judicial review remains an integral part of India’s constitutional framework.

In summary, the Supreme Court’s power of judicial review finds its origins and Constitutional basis in:

Article 13 which prohibits the making of laws that infringe on fundamental rights.

The power of the court to declare unconstitutional laws void.

Key cases like A. K. Gopalan vs State of Madras (1950) which upheld this power.

The role of the court as an independent check on the legislature and executive.

The aim to protect rights and prevent tyranny, though it remains controversial.

Read Full Blog 👇 :

[seemabhatnagar]

Madras High Court Upholds Advocate's Fundamental Right to Practice Law

In a significant ruling, the Madras High Court has quashed the suspension order issued by the Tambaram Bar Association against an advocate. The Association barred the petitioner from attending the court proceedings.

The court quashed the suspension order passed by the Bar Association on July 11, 2024, and reinforced the Fundamental Right to Practice Law. The Court allowed the petitioner to continue practicing law without any hindrance.

V Senthil v. The Bar Council of Tamil Nadu & Puducherry

WP 20133 & 222039/2024

Before the High Court of Madras

Heard by Hon'ble Mr. Justice S M Subramaniam J & Hon'ble Mr. Justice C Kumarappan J

Case Overview: The petitioner, V. Senthil, was suspended by the Bar Association, Tambaram, for attending court proceedings contrary to the association's decision. The suspension was challenged as it infringed upon his basic right to practice law.

Legal Points:

The right to practice law is a fundamental right enshrined in the Constitution and the Advocates Act.

The Supreme Court has consistently ruled that lawyer boycotts should be a last resort and cannot impede the justice delivery system.

Bar Associations do not have the authority to prevent or restrain advocates from appearing in court.

Court's Observation: The court observed that the Bar Association's actions were not only unnecessary but also in violation of the petitioner's fundamental rights. While maintaining the importance of a cordial relationship among members, the court emphasized that freedom of speech and the right to practice law must be respected.

Seema Bhatnagar

[camellasstory]

Juvenile Justice (Care and Protection of Children) Act, 2015 in India: Reformation and Rehabilitation

The Juvenile Justice (Care and Protection of Children) Act, 2015 is a critical piece of legislation in India aimed at providing a framework for the protection, treatment, and rehabilitation of children in conflict with the law. This guide delves into the comprehensive history, evolution, objectives, and functioning of the Juvenile Justice Act, emphasizing the roles of the Juvenile Justice Board and Child Welfare Committee. Additionally, we will explore the types of offenses, punishments, and various measures in place for the reformation and rehabilitation of juveniles.

Historical Background of the Juvenile Justice Act

The Juvenile Justice System in India draws its origins from Western countries. The Apprentice Act of 1850 was the first law addressing juvenile issues, setting a precedent for subsequent legislation. Ten years later, the Indian Penal Code (IPC) came into effect, with��Section 82 stipulating that children under seven years cannot commit an offense, while Section 83 presumed that children between seven and twelve, due to immature understanding, were unaware of the consequences of their actions. This early recognition of the unique status of juveniles under the law laid the foundation for a more structured approach to juvenile justice in India.

Early Reforms

The Reformatory School Act of 1876 marked a significant step towards reforming children. This act aimed to provide young offenders with an opportunity to reform through education and vocational training. Recommendations by the Indian Jail Committee in 1920 further influenced the juvenile justice landscape, leading to the enactment of the Children Act by the Madras High Court, followed by similar legislation in Bengal in 1922 and Bombay in 1924. These early reforms highlighted the need for a separate system to deal with juveniles, focusing on rehabilitation rather than punishment.

Constitutional Provisions for Children

The Indian Constitution includes several provisions for children, underscoring the country’s commitment to their welfare:

Article 15(3): Special provisions for women and children, recognizing their unique needs and vulnerabilities.

Article 39(e): Ensuring that children are not abused and have opportunities for healthy development.

Article 39(f): Providing children with opportunities and facilities to develop healthily and with dignity.

Article 45: Provision for free and compulsory education for children, recognizing education as a fundamental right.

Article 47: The State shall raise the level of nutrition and the standard of living of its people and improve public health, which indirectly benefits children’s well-being.

Evolution of the Juvenile Justice Act

The Children Act of 1960 applied to Union Territories, while states had their own legislation for juveniles. The Juvenile Justice (Care & Protection of Children) Act of 1986 was a landmark law, setting the age limit at 18 years for girls and 16 years for boys, though it faced criticism for gender discrimination. The United Nations Convention on the Rights of the Child (1989) influenced the Juvenile Justice Act of 2000, which equalized the age limit for both genders at 18 years. This act marked a significant shift towards aligning India’s juvenile justice system with international standards.

Evolution of Juvenile Justice Laws

After 2000, there was a significant increase in juvenile delinquency, with a 30% rise in crime by juveniles between 2012 and 2014, particularly among those aged 16-18. The infamous Nirbhaya Delhi Gang Rape case in 2016 involved a minor, prompting demands for changes in the law. Consequently, the Juvenile Justice (Care & Protection of Children) Act of 2015 replaced the 2000 Act, and the JJ Model Rules 2016 were introduced. These developments highlighted the dynamic nature of juvenile justice laws, which evolve in response to changing social conditions and public sentiments.

Key Changes in the 2015 Act

The Juvenile Justice (Care & Protection of Children) Act of 2015 introduced several key changes:

Transfer of Heinous Offenders: Juveniles aged 16-18 involved in heinous offenses could be tried as adults, following a preliminary assessment by the Juvenile Justice Board.

Increased Focus on Rehabilitation: Emphasis on rehabilitation and social reintegration of juveniles, with provisions for aftercare and follow-up.

Streamlined Adoption Processes: The act streamlined adoption procedures, making it easier for orphaned and abandoned children to find permanent homes.

Strengthening Institutional Mechanisms: Enhanced the roles and responsibilities of the Juvenile Justice Board and Child Welfare Committee to ensure effective implementation of the law.

Objectives of the Juvenile Justice Act

The Juvenile Justice Act of 2015 has several key objectives that reflect its commitment to a more humane and rehabilitative approach to juvenile justice. These objectives are designed to protect the rights of children, ensure their well-being, and facilitate their reintegration into society.

Juvenile Justice Board (JJB) and Child Welfare Committee (CWC)

The Juvenile Justice Board (JJB) and the Child Welfare Committee (CWC) play crucial roles in achieving these objectives:

JJB: Manages children in conflict with the law, ensuring that their cases are handled in a manner that is just and conducive to their reformation.

CWC: Cares for orphans and children in need of protection, providing them with the necessary support and resources to lead a normal life.

Broader Objectives

Consolidation and Amendment of Laws: The act aims to consolidate and amend laws relating to children to ensure a more cohesive and comprehensive framework.

Provision of Care, Development, Protection, and Treatment: It emphasizes the importance of providing care, development, protection, and treatment for children to facilitate their physical, mental, and social well-being.

Social Reintegration: One of the primary goals is to ensure the social reintegration of children, helping them to become responsible and productive members of society.

Child-Friendly Approach in Adjudication: The act advocates for a child-friendly approach in adjudication and disposal of matters involving children, ensuring that their rights and dignity are upheld.

Focus on Rehabilitation: The act prioritizes rehabilitation over punishment, recognizing that children are capable of change and growth.

Functions of the Juvenile Justice Board

The Juvenile Justice Board is tasked with a range of functions designed to ensure the proper handling of children in conflict with the law. These functions include:

Apprehension and Detention

The JJB oversees the apprehension and detention of juveniles, ensuring that their rights are protected and that they are treated humanely. This involves coordinating with the Special Juvenile Police Unit (SJPU) and the Child Welfare Police Officer (CWPO).

Prosecution and Penalties

The JJB is responsible for the prosecution of juveniles, ensuring that the process is fair and just. It also determines appropriate penalties, which are often rehabilitative rather than punitive.

Imprisonment and Rehabilitation

While the act aims to avoid imprisonment wherever possible, the JJB is involved in cases where imprisonment is deemed necessary. In such cases, the focus remains on rehabilitation and preparing the juvenile for reintegration into society.

Social Reintegration

The JJB plays a critical role in the social reintegration of juveniles, coordinating with various agencies and organizations to provide the necessary support and resources. This includes educational programs, vocational training, and psychological counseling.

Functions of the Child Welfare Committee

The Child Welfare Committee is dedicated to the care and protection of children who are in need. Its functions include:

Rehabilitation and Adoption

The CWC oversees the rehabilitation of children, ensuring that they receive the necessary care and support to lead a normal life. It also facilitates adoption processes, helping orphaned and abandoned children find permanent homes.

Reintegration and Restoration

The CWC is involved in the reintegration and restoration of children, ensuring that they are reunited with their families whenever possible. This involves assessing the child’s situation and providing the necessary support to ensure a smooth transition.

Types of Offenses and Punishments

The Juvenile Justice Act categorizes offenses into three main types, each with corresponding punishments:

Petty Offenses

Definition: Offenses that carry a maximum imprisonment term of up to 3 years.

Examples: Minor theft, petty assault.

Punishment: Generally, the focus is on rehabilitation rather than imprisonment, with various community service programs and counseling sessions.

Serious Offenses

Definition: Offenses that carry an imprisonment term between 3 to 7 years.

Examples: More severe forms of theft, assault.

Punishment: Rehabilitation is still emphasized, but stricter measures such as supervised probation and institutional care may be implemented.

Heinous Offenses

Definition: Offenses that carry an imprisonment term of 7 years or more.

Examples: Murder, rape.

Punishment: Juveniles aged 16-18 involved in heinous offenses may be tried as adults, following a preliminary assessment by the JJB. However, the act still emphasizes reformation and rehabilitation over mere punishment.

Structure and Functioning of the Juvenile Justice Board

The Juvenile Justice Board is a specialized body designed to handle cases involving juveniles. Its structure and functioning are crucial to ensuring that juveniles receive fair and just treatment.

Composition of the JJB

The JJB comprises:

A principal magistrate and two social workers, including one woman with at least seven years of experience in health, education, or welfare.

The principal magistrate must have three years of experience.

The Chief Metropolitan Magistrate or Chief Judicial Magistrate is not included.

Eligibility and Training of JJB Members

JJB members must meet specific eligibility criteria to ensure they are qualified to handle juvenile cases. These criteria include:

No Violation of Human and Child Rights: Members must have a clean record concerning human and child rights.

No Convictions for Moral Turpitude Offenses: Members must not have any convictions for offenses involving moral turpitude.

No Dismissals from Government Service: Members must not have been removed or dismissed from government service.

No Involvement in Child Abuse or Labor: Members must not have any involvement in child abuse or child labor.

State governments ensure the training of JJB members within 60 days of appointment. Tenure and resignation guidelines are prescribed by the state.

Grounds for Termination by the State Government

JJB members can be terminated by the state government on specific grounds, including:

Misuse of Power: Any misuse of power or authority by a JJB member can lead to termination.

Non-attendance of Board Proceedings: If a member fails to attend board proceedings for three consecutive months, they can be terminated.

Minimum Attendance Requirement: Members must attend a minimum of 75% of sittings annually.

Ineligibility as a Member: If a member is found ineligible, they can be terminated.

Handling Children in Conflict with the Law

The handling of children in conflict with the law requires a specialized approach to ensure their rights are protected and they are treated humanely.

Friendly Atmosphere

Children in conflict with the law are not treated as adults and are provided a friendly atmosphere. Terms such as “jail” or “crime” are avoided, and terms like “apprehension” are used instead. This approach helps create a less intimidating environment for the child.

Apprehension Procedures

If apprehended by police, children are placed under the charge of the Special Juvenile Police Unit (SJPU) or the Child Welfare Police Officer (CWPO) and produced before the JJB within 24 hours. The state government makes rules regarding apprehension, ensuring that children are treated fairly and humanely.

Inquiry by JJB

The JJB conducts inquiries within four months of production. For petty offenses, the proceedings terminate without extension. For serious or heinous offenses, extensions can be granted by the Chief Judicial Magistrate or Chief Metropolitan Magistrate, with reasons recorded in writing. The inquiry process involves several steps to ensure a fair and just outcome:

No Ill-treatment of Children: Children must not be ill-treated during the inquiry process.

Child-friendly Proceedings: The proceedings are conducted in a child-friendly manner to ensure the child feels comfortable and secure.

Opportunities for Children to be Heard: Children are given the opportunity to be heard and present their side of the story.

Special Procedures for Heinous Offenses

For heinous offenses, if the child is associated with adult criminals, they can be arrested. The JJB conducts a preliminary assessment to decide if the child should be tried as an adult. The Children Court then takes over, with the power to determine the trial’s nature, excluding death and life imprisonment. This ensures that the child’s rights are protected while ensuring justice is served.

Power of the Children Court

The Children Court plays a crucial role in the juvenile justice system, particularly in cases involving heinous offenses. It has the power to decide:

If a Child Should be Tried as an Adult: The court determines whether a juvenile should be tried as an adult based on the nature of the offense and the juvenile’s circumstances.

Appropriate Orders and Punishments: The court issues appropriate orders and punishments, excluding death and life imprisonment, ensuring a balance between justice and the child’s rights.

Child Welfare Committee (CWC)

The Child Welfare Committee is dedicated to the care and protection of children who are in need. It plays a crucial role in ensuring that children receive the necessary support and resources to lead a normal life.

Composition and Qualifications of CWC Members

The CWC is constituted by the state government in every district for children in need of care and protection. It comprises a chairperson and four members, including at least one woman and one child expert, with a maximum tenure of three years. The qualifications for CWC members include:

Minimum Seven Years’ Experience: Members must have a minimum of seven years’ experience in child-related health, education, or welfare.

Professionals in Relevant Fields: Members should be professionals in child psychology, psychiatry, law, social work, sociology, or human development.

The District Child Protection Unit supports the CWC with a secretary and staff. Quarterly reviews are conducted by the District Magistrate to ensure the committee’s effectiveness.

Functions and Powers of CWC

The CWC is responsible for ensuring the care and protection of children in need. Its functions and powers include:

Disposal of Cases for Children Needing Care and Protection: The CWC oversees the disposal of cases involving children who need care and protection.

Taking Action in Emergencies: The CWC is empowered to take action in emergency situations to ensure the safety and well-being of children.

Directing for Medical Assistance: The CWC can direct medical assistance for children in need.

Ordering for Social Inquiry: The CWC can order a social inquiry to assess the child’s situation and determine the appropriate course of action.

Recommending Long-Term Rehabilitation: The CWC recommends long-term rehabilitation measures for children to ensure their well-being and development.

Taking Suo Motu Cognizance of Cases: The CWC can take suo motu cognizance of cases involving children in need of care and protection.

Conclusion

The Juvenile Justice Act is a comprehensive and dynamic piece of legislation that aims to protect, treat, and rehabilitate children in conflict with the law. By focusing on reformation and rehabilitation, the act ensures that juveniles are given the opportunity to become responsible and productive members of society. The Juvenile Justice Board and the Child Welfare Committee play crucial roles in achieving these objectives, providing a framework for the fair and just treatment of juveniles. As the juvenile justice system continues to evolve, it remains committed to upholding the rights and dignity of children, ensuring their well-being and social reintegration.

FAQs on the Juvenile Justice Act in India

What is the Juvenile Justice Act?

The Juvenile Justice Act is legislation in India aimed at providing a framework for the protection, treatment, and rehabilitation of children in conflict with the law. It focuses on reformation and social reintegration rather than punishment.

What is the purpose of the Juvenile Justice Act?

The primary purpose of the Juvenile Justice Act is to ensure that children in conflict with the law are treated in a manner that promotes their reformation and rehabilitation. It aims to protect their rights and dignity, provide care and support, and facilitate their reintegration into society.

Who is considered a juvenile under the Juvenile Justice Act?

A juvenile is defined as a person who has not completed 18 years of age. The Juvenile Justice Act applies to children below this age who are in conflict with the law or in need of care and protection.

What are the key changes introduced in the Juvenile Justice Act of 2015?

The Juvenile Justice Act of 2015 introduced several key changes, including:

Transfer of juveniles aged 16-18 involved in heinous offenses to be tried as adults.

Increased focus on rehabilitation and social reintegration.

Streamlined adoption processes.

Strengthening the roles and responsibilities of the Juvenile Justice Board and Child Welfare Committee.

What are the roles of the Juvenile Justice Board (JJB) and Child Welfare Committee (CWC)?

Juvenile Justice Board (JJB): Handles cases involving children in conflict with the law, ensuring fair and just treatment while focusing on their reformation and rehabilitation.

Child Welfare Committee (CWC): Responsible for the care and protection of children in need, overseeing their rehabilitation, adoption, and social reintegration.

What are the types of offenses categorized under the Juvenile Justice Act?

The Juvenile Justice Act categorizes offenses into three main types:

Petty Offenses: Offenses with a maximum imprisonment term of up to 3 years.

Serious Offenses: Offenses with an imprisonment term between 3 to 7 years.

Heinous Offenses: Offenses with an imprisonment term of 7 years or more.

How are children in conflict with the law treated under the Juvenile Justice Act?

Children in conflict with the law are treated with a focus on their reformation and rehabilitation. They are provided with a friendly atmosphere, and terms like “jail” or “crime” are avoided. The act emphasizes avoiding imprisonment wherever possible and instead focuses on community service, counseling, and vocational training.

What are the provisions for the rehabilitation of juveniles under the Juvenile Justice Act?

The Juvenile Justice Act provides for various rehabilitation measures, including:

Educational programs

Vocational training

Psychological counseling

Aftercare and follow-up programs to ensure the successful reintegration of juveniles into society.

How does the Juvenile Justice Act ensure the protection of children’s rights?

The Juvenile Justice Act includes provisions to protect children’s rights, such as:

Prohibiting the ill-treatment of children during legal proceedings.

Conducting inquiries in a child-friendly manner.

Providing opportunities for children to be heard and present their side of the story.

Ensuring that children are not subjected to harsh punishments and are given opportunities for rehabilitation and growth.

What are the eligibility criteria for members of the Juvenile Justice Board and Child Welfare Committee?

Members of the Juvenile Justice Board and Child Welfare Committee must meet specific eligibility criteria, including:

Having no history of human or child rights violations.

No convictions for offenses involving moral turpitude.

Not having been dismissed from government service.

Having relevant experience in child-related fields such as health, education, or welfare.

How does the Juvenile Justice Act handle heinous offenses committed by juveniles?

For heinous offenses, juveniles aged 16-18 may be tried as adults following a preliminary assessment by the Juvenile Justice Board. The Children Court then takes over, ensuring that appropriate measures are taken to balance justice and the child’s rights, excluding death and life imprisonment.

What role does the Children Court play in the juvenile justice system?

The Children Court has the power to decide if a juvenile should be tried as an adult for heinous offenses. It issues appropriate orders and punishments, ensuring a balance between justice and the child’s rights, and focuses on rehabilitation and social reintegration.

[mybharatguru]

Madras High Court orders 3 District Collectors to appear in person in contempt of court case…!

The Madras High Court has ordered the Revenue Secretary, Commissioner and 3 District Collectors to appear in person in the contempt of court case. The court judge has also warned that a warrant will be issued if he does not appear on July 27. The Madras High Court had ruled that the government employees selected by the Tamil Nadu Public Service Selection Commission (TNPSC) should be promoted on…

[arjunash]

Is The Indian Judiciary Failing its Citizens?

“Write Essay, Work with traffic constable”. Now this may look like your typical school syllabus but it’s actually a punishment given by a judge in Pune to a rich brat (claiming to be 17, can be 18) who killed 2 bikers with his porsche (terrible driver, since porsche isn’t even that fast, wonder what he could’ve done with a tesla) well, you might mistake me for a stone hearted person joking on someone’s death but what would you say about our judiciary doing the same, only difference is they aren’t just joking, they’ve turned our entire judicial system into One Big Joke!

If you think this was the only strange decision our honourable court ever took, well you’re terrrribly wrong my friend and in for some surprise as below is a list of some other bizarre decisions taken by our judiciary that makes us look like we live in a funny country as every kind of law here turns out to be a great joke.

How The Indian Judiciary Has Made a Mockery of Our Laws: 5 Shocking Judgements By Our Courts

‘Ye andha kanoon hai’ yes this quote is as true now as it was 50 years ago when Amitab Bachchan quoted it. And reading the following points below you’ll surely be convinced that most of our court judges are high when passing judgements (maal phukke decision lete hain ye) . Let’s discover how our courts are the actual ones making a mockery of our justice system

1. I Said Fap Now

A man was ordered by a court to contribute his sperm so that his estranged wife might become a mother in what is arguably the most odd decision on the list. What was even stranger was that the couple was in the middle of going through with a divorce.

The Court ordered the man, against his wishes, to explore assisted reproductive technology (ART) with his estranged wife or else, there would be legal consequences.

“The respondent may refuse ART by not giving his consent,” the ruling stated. However, by making an irrational refusal, he might expose himself to the possible legal and rational repercussions.

2. Kerala Court Acquits Man in 5-yr-old’s rape-murder case (coz the girl survived and wasn’t ‘fully’ raped)

The girl’s mom saved her while they guy removed her clothes and was about to rape her. And even if she was raped, it would’ve taken the judge some 4–5 years to sentence the convict for a meagre 5–6 years in jail (which he might come out of in 3–4 years)

Strange thing is this decision was taken by a woman judge. ‘A woman is a woman’s worst enemy’ that quote is true as shit. But such people are the enemy of every common person. No wonder they are in charge of deciding the laws for us.

3. Rape victim says ‘happily married’, SC reduces convict’s Sentence to Period Already Served (helping criminals since 1947)

If it were up to our Supreme court and people wouldn’t intervene at all, all our criminals would roam free in the streets and our rising crime rate would give our Supreme court some intense Orgasms.

Because keeping criminals out of jail is our supreme court’s first priority.

4. Begging Made Legal by Delhi High Court (humko bhi hafta mangta hai)

At a time when more and more crime is being carried out by the ‘begging mafia’ in India, that includes basic theft, drug abuse, murders and human trafficking. Our Delhi High Court has provided them a lending hand so they can carry out their crimes in a much safer environment by making the environment absolutely unsafe for us common people.

(No wonder Delhi has one of the highest crime rates in India, thanks to our Court Judges)

And now you might guess why the hell did they do it so. Well of course they get paid by the human trafficking mafia, but as our judiciary, it’s an utmost priority for them to ruin our lives. A day is wasted if a day goes by without passing a judgement to make our lives a little worse.

5. Madras HC Acquits a Rapist if He Marries The Little Girl He Raped!!!

This isn’t a script from a typical 90’s bollywood movie. This actually happens in Indian Courts. And as we already know that our biggest enemies are our own supreme judges so this shouldn’t come with a surprise.

In this case, a serial rapist rapes a 16 year old girl and was told to marry her if he doesn’t wanna go to jail (Law for raping a minor in India is death penality) but no one ever got a death penality for raping a minor in India, And if you begin to wonder why India has high number of sexual assaults, our courts are to blame. Strict laws are there, but just like nukes in North Korea, only to be never used.

In Conclusion

As we’ve figured out that our judiciary isn’t just useless but is also anti- citizen. The citizens it swore to protect. But what could be the reason behind such lawless and criminal-like behaviour by the protectors of our justice? If i tell you now and this blog gets famous i will get killed by ‘accident’. But so i will definitely tell you about it,

The thing is if our courts began ordering strict punishments such as the death penalty, we would hardly have any politicians and powerful people left. Coz imagine a scenario where our court is ordering death penalty for common people and if any powerful person gets convicted for the same wouldn’t our citizens demand those elites to be treated equally just like the rest of us?

(YEH BOI)

[legalhub16]

ADVOCATES ACT, 1961

BAR COUNCIL OF INDIA

Introduction Legislatively charged with representing and regulating the Indian legal profession is the Bar Council of India, which was founded by Parliament. It regulates ethical behaviour, establishes requirements for legal education, and accredits colleges whose law degrees allow for the admission of advocates. It also gives proponents the power of discipline.

I. Historical Background

During its annual conference in Madras, the Inter-University Board passed a resolution highlighting the need for a nationwide Bar and the significance of maintaining consistent and rigorous standards for legal examinations in various universities across India, in light of the establishment of the Supreme Court of India. In May 1950, the Madras Provincial Lawyers Conference, under the leadership of Shri S. Varadachariar, resolved that the Government of India should establish a committee to formulate a plan for a nationwide legal profession and amend the Indian Bar Councils Act to align it with the provisions of the new Constitution. The verdict was adopted by the Madras Bar Council during its session on October 1, 1950.

The All India Bar Committee released its entire report on March 30, 1953. A suggestion is made for each state to establish a Bar Council, with a national All-India Bar Council acting as the highest authority for governing the legal profession and supervising the standard of legal education in India. The Advocates Act was established in 1961 to implement the suggestions put out by the 'All India Bar Committee' and the 'Law Commission.' M. C. Setalvad and C. K. Daphtary served as the first chairman and vice chairman, respectively.

II. Statutory Provisions

Parliament created the statutory Indian Bar Council to oversee and speak for the Indian legal profession. Section 4 of the Advocates Act provided the foundation for it in 1961. It controls the bar by setting standards for manners and professional behaviour and by imposing disciplinary measures on the members. Concerned Ministry: The Bar Council of India is under the purview of the Ministry of Law and Justice. Every Bar Council so established shall be a body corporate with perpetual succession and a common seal, capable of contracting, acquiring and holding both movable and immovable property, and sueing and being sued in the name of the Bar Council of the High Court for which it has been established. Bar Council of India Meet: Periodically, meetings are held to guarantee the efficient operation of BCI.

III. Composition of BCI

The Council shall elect a Chairman and Vice-Chairman for each Bar Council in accordance with the legal requirements. The Attorney General of India and the Solicitor General of India, who are ex officio members.

Every Bar Council should consist of 15 members - One individual will serve as the Advocate-General. Four individuals will be nominated by the High Court, with no more than two of them being High Court Judges. Ten advocates from the High Court will be elected. Eligibility: For a minimum of ten years, at least five elected members of each Bar Council must have been eligible to practise in the High Court for which the Bar Council was established.

Tenure - The nominated and elected members of any such Bar Council shall serve for a period of three years from the date of the Council's initial meeting. No member of the Bar Council of India is entitled to resign from membership for reasons that are not considered genuine or for the purpose of sharing the terms outlined in the Statute.

Election - An elected member of a Bar Council is considered to have vacated their office if the Bar Council of which they are a member declares that they have missed three consecutive meetings without a sufficient excuse, or if their name is removed from the roll of advocates for any reason, or if they are otherwise disqualified under any rule established by the Bar Council of India.

Disqualification - If the date of the election has been published in the Official Gazette at least thirty days prior to the date, no election to a Bar Council member shall be contested on the grounds that due notice of the date was not provided to any eligible voter.

IV. Functions of the BCI

The purpose is to establish standards for the professional behaviour and manners of advocates.

To design a framework for the disciplinary committee of the organisation and the disciplinary committees of each state bar council to adhere to.

In order to safeguard the rights, privileges, and interests of advocates.

To promote and support the reformation of the judicial system.

The purpose of the State Bar Council is to address and resolve any issue that is referred to it.

The objective is to advocate for the advancement of legal education and the establishment of rigorous standards for legal education. This collaboration is undertaken with Indian universities that provide legal education, as well as state bar councils.

To identify universities that need a law degree as a condition for pursuing a career as an advocate. The Bar Council of India conducts inspections and visits to universities, or instructs the State Bar Councils to do so.

Renowned jurists will conduct seminars and discussions on legal topics, while publishing journals and papers of legal significance.

To facilitate the provision of legal assistance to individuals with limited financial means.

Grant recognition to foreign legal qualifications obtained outside of India for the purpose of being admitted as an advocate in India based on a reciprocal agreement.

The purpose is to oversee and allocate the financial resources of the Bar Council.

To establish a framework for selecting individuals who will assume leadership roles in the Bar Councils.

The Bar Council of India has the authority to establish funds for various objectives, including giving financial assistance for welfare programmes targeting the destitute, disabled individuals, and other legal professionals, offering legal aid services, and creating law libraries.

The Bar Council of India is eligible to accept grants, donations, and gifts for many purposes.

V. Associated Powers of BCI

The Bar Council has the authority to create bye-laws that align with this Act and its rules. These bye-laws can address the appointment of ministerial officers and servants, as well as their pay, allowances, and working conditions. Additionally, they can organise Council Committees and delegate powers and functions to them.

The Bar Council may, with the prior approval of the High Court, create rules governing the admission of persons to be advocates of the High Court; however, such regulations shall not limit or influence the High Court's discretionary jurisdiction to refuse admission to any person.

No woman should be prevented from becoming an advocate just because of her gender.

The summoning and holding of Bar Council meetings, the conduct of business threats, and the number of members needed to create a quorum;

The constitution and functions of any Bar Council committee, as well as the terms of office of its members; The Bar Council is responsible for maintaining books of accounts and other records;

Appointing auditors and auditing the Bar Council's accounts; Management and investment of the Bar Council's funds.

VI. Committees of the BCI

Executive Committee: The executive committee is responsible for the management of fund, personnel, accounts, work allocation, council affairs, audit, library, and legal publications. Delegated tasks.

Legal Education Committee: This committee establishes legal education standards, visits and inspects colleges, recommends pre-requisites for foreign advocates practicing law in India, and recommends the recognition or discontinuation of a university's law degree. It also makes recommendations to the BCI on legal education issues.

Disciplinary Committee: This committee evaluates appeals from the summary dismissal of complaints against advocates for professional misconduct by the state bar councils, as well as appeals from the orders of the disciplinary committees of the state bar councils.

Advocate Welfare Association: This committee conducts investigations into petitions submitted to the welfare fund by advocates. It evaluates the application and grants funding authorization. The Advocates Welfare Committee is certified by the Advocates Welfare Fund Act of 2001.

Legal Aid Committee: It provides legal support to individuals who require it. The Building Committee is responsible for the establishment of the Council's offices.

Rules Committee: The Rules Committee is responsible for the examination of the Council's rules and regulations. The Finance Committee, Special or Oversee Committee, and All India Bar Examination Committee are the other committees.

VII. Concluding Remarks

For the purpose of reconstructing and reinterpreting the entirety of the legal sector in India, the Bar Council of India holds a multitude of capacities that it can utilise. In point of fact, it is possible to have a more robust fantasy that it has not made any contribution to the development of the legal system in India over the past few years. The Bar Council of India is operating effectively, despite the fact that there have been suggestions about expanding the power of the Bar Council of India (BCI) in order to guarantee a more effective command of the law as a profession.

[advocatenarenderyadav]

🏢 Exciting News Alert! - Madras HC Ruling Empowers Flat Owners! 📜

In a landmark decision, the Madras High Court has upheld the rights of flat owners, ruling that proposed common areas rightfully belong to them, not the builders.

👏 Your Space, Your Rights!

Here's why this ruling matters:

🏚️ Empowering Homeowners 🔍 Transparency & Accountability 🔐 Investment Security 🤝 Community Collaboration

. . 📢Stay Tuned For Legal Updates…⚖️ . . Enquire At: 🌐 www.advocatenarenderyadav.com 📧 narenyadavadv@gmail.com | info@advocatenarenderyadav.com 📍Room No - 16 Punjab and Haryana High Court, Chandigarh, 160001