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  • Delhi HC Imposes Rs. 50,000 Cost On Woman For False Sexual Harassment Plea

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Delhi HC Imposes Rs. 50,000 Cost On Woman For False Sexual Harassment Plea

Courtesy/By: Sanjeev Sirohi  |  17 Jul 2019     Views:844

  It is most heart warming to note that Delhi High Court in a latest, landmark and extremely laudable judgment titled Anita Suresh vs. Union of India & Ors in W.P.(C) 5114/2015 delivered on July 9, 2019 has rightly gone the extra mile and imposed Rs. 50,000 cost on a woman for false sexual harassment plea. The blatant misuse of laws against men is all too well known even though much as woman activists among others would like to gloss it over on one ground or the other! But this latest extraordinary judgment has served to send a very loud and stern message to all women that they dare not try to misuse laws against men without any valid cause and if they dare to do so then they should be prepared to face the music and cough up a huge amount as fine! From now onwards, women must always ensure before approaching courts that their own hands are clean and if they still don’t care then well they might find themselves landing in a hot soup as we see has happened with the petitioner in this commendable case!  

                               To start with, the ball is set rolling in para 1 of this notable judgment by Justice JR Midha of the Delhi High Court wherein it is pointed out that, “The petitioner has challenged the order dated 20th January, 2012 of the Internal Complaints Committee (ICC). The petitioner is seeking a direction to respondent No. 2 to withhold the retirement benefits of respondent No. 3 to initiate independent departmental enquiry against respondent No. 3 and to also prosecute respondent No. 3.”

                            To recapitulate, it is then outlined in para 2 that, “The petitioner was working as an Assistant Director with ESI Corporation in Manesar, Gurgaon in July 2011. On 08th July, 2011, the petitioner made a written complaint to the Director General of ESI Corporation alleging sexual harassment by respondent No. 3. According to the petitioner, respondent No. 3 misbehaved and made attempts of sexual advances. The petitioner reported following two incidents dated 07th July, 2011 in the complaint:-

(i)                         ‘Yesterday when I was seated with my colleagues on the 1st floor of the building, Sh. Verma came and commented indicating sexual advances. I cannot for the reasons of modesty bring on papers the filthy language he uses for me’.

(ii)                      ‘Yesterday in the presence of my staff and other members he asked me to come alone to check the shortcomings of the male toilet when nobody is there and I will follow you soon’.”

                                                 To be sure, para 3 then states that, “Respondent No. 1 constituted an Internal Complaints Committee to examine the complaint of the petitioner. Respondent No. 3 appeared before the Committee and denied all the allegations made by the petitioner. According to respondent No. 3, the petitioner made the complaint because of the grudge against him due to certain official work disposed by him in her absence.” Para 4 then reveals that, “The Committee examined the petitioner as well as respondent No. 3. The Committee examined eight witnesses namely Rashmi Kapoor (O.S.), Lakhan (Supervisor Housekeeping), Rajender Yadav (SSO), Prasanna (Staff Nurse), Hema (Staff Nurse), Pradeep Kataria (Nursing Orderly), Jai Bhagwan (Nursing Orderly) and Kalpana (Dietician).” 

                                     Be it noted, para 5 then envisages that, “The Committee submitted its report on 20th January, 2012, in which it observed that the exact content of communication of the incident dated 07th July, 2011 could not be established. The Committee gave benefit of doubt to respondent No. 3 and recommended relocating both the petitioner and respondent No. 3 from their present posting.”

                                     Needless to say, para 6 then brings out that, “Learned counsel for the petitioner urged at the time of the hearing that the findings of the Committee are erroneous and unjustified. It is submitted that the petitioner had proved by sufficient evidence that respondent No. 3 misbehaved and made attempts of sexual advances against the petitioner on 07th July, 2011 mentioned in the written complaint on 08th July, 2011. Respondent No. 3 pressurized the petitioners to withdraw her complaint whereupon a warning was issued to him on 04th November, 2011. The transfer of both the parties to different places was not a justified penalty to the respondent No. 3.”

                                  As things stand, para 7 then discloses that, “Learned counsel for the respondent No. 1 urged at the time of the hearing that respondent No. 1 transferred both the petitioner and the respondent No. 3 from their posting. It was further submitted that respondent No. 3 superannuated on 28th February, 2015.”

                            Furthermore, it is then disclosed in para 8 that, “Vide order dated 28th March, 2019, this Court directed the employer, ESI Corporation to produce the original relevant records which were produced on 09th April, 2019 and have been examined by this Court.”

                              Moving on, it is then illustrated in para 9 that, “The petitioner made the complaint dated 08th July, 2011 against the respondent no. 3 which is reproduced hereunder:-

‘To,

The Director General,

ESI Corporation,

Hqrs. Office, CIG Marg,

New Delhi – 02.

   Sub: Sexual harassment by Sh. O.P. Verma, Dy Director, ESI Hospital, Manesar, Haryana.

Sir,

         I am posted as Assistant Director in the office of ESI Hospital, Manesar. In the same office another officer Sh. O.P. Verma, Dy. Director is seated in the adjoining room where I work. For some time passed Sh. O.P. Verma has been misbehaving with me and makes attempts of sexual advances. It was only yesterday when I was seated with my colleagues on the 1st floor of the building. Sh. Verma came and commented indicating sexual advances.    

        I cannot for the reasons of modesty bring on papers the filthy language he uses for me. Yesterday in the presence of my staff and other members he asked me to come alone to check the shortcomings of the male toilet when nobody is there and I will follow you soon.   

       I am to request you to safeguard my honour and take necessary action against him. I will explain the earlier instances of harassment as and when the matter will be investigated.

           This matter has also been brought to the notice of the Medical Superintendent in earlier and in the afternoon of 07.07.2011 also.

                                                       Yours faithfully,                                                                                  Signed/-

                                                    ( Anita Suresh)

                                                Assistant Director

                                              ESI Hospital, Manesar.’”

       

                                To say the least, para 10 then states that, “As per the complaint dated 08th July, 2011 of the petitioner, the respondent no. 3 made comments indicating sexual advances against the petitioner who was sitting with her colleagues on the first floor of the building on 7th July, 2011. The second incident mentioned in the complaint is that the respondent told the petitioner to come alone in the male toilet to check the shortcomings in the presence of the staff and other members.”

                            More significantly, para 11 then discloses that, “The Committee examined the petitioner who could not recollect the names of any of the persons present at the time of the aforesaid incidents. The petitioner was shown the relevant papers relating to the staff members present on that day but still she could not recollect the names. The petitioner stated that she confided the incidents to Rashmi Kapoor (O.S.) on the same day after the incident. The Committee examined Rashmi Kapoor who stated that she was not present at the time of incident. However, she stated that the petitioner told her that the attitude of respondent No. 3 towards the petitioner was not good. She further stated that the petitioner told her that respondent No. 3 made two inappropriate comments against her. However, these two comments were not stated by the petitioner in her statement to the Committee.

                                   What’s more, para 12 then points out that, “The Committee examined Lakhan (Supervisor Housekeeping) who stated that the petitioner was matching the goods with the list and he did not witness any incident on 07th July, 2011 as alleged by the petitioner.” Also, para 13 then reveals that, “The Committee examined Rajender Yadav (SSO) who was present at the time of incident and he stated that there was no altercation between the petitioner and respondent No. 3.” All this certainly serves to weaken the petitioner’s claims and the serious charges which she leveled against the respondent No. 3.

                                   Going forward, para 14 then further discloses that, “The Committee examined Prasanna (Staff Nurse) who stated that the petitioner had normal relations with respondent No. 3 who never commented on her in her presence.” Para 15 then also makes it clear that, “The Committee examined Staff Nurses Hema (Nursing Orderly), Pradeep Kataria (Nursing Orderly), Jai Bhagwan (Nursing Orderly) and Kalpana (Dietician) who did not witness any incident on 07th July, 2011.”

                                  Not stopping here, it is then brought out in para 16 that, “The Committee examined respondent No. 3 who denied all the allegations of sexual harassment made by the petitioner. He stated that he brought the absence of soap in the male toilet to the notice of the petitioner. He further stated that his remarks were misinterpreted and taken totally out of context. He further stated that the petitioner made complaint against him due to a grudge which was the result of certain official work disposed by him in petitioner’s absence.”

                                To put things in perspective, para 17 then enunciates that, “On careful consideration of the record of the inquiry proceedings, this Court is of the view that the complaint dated 08th July, 2011 of the petitioner appears to be false. The complaint dated 08th July, 2011 contains two incidents out of which the first incident was in the presence of the staff and other members. During the inquiry proceedings, the petitioner could not give the name of any person present at the time of the incident. The petitioner was shown the record of the staff persons present on duty on the date of the incident but still she could not recollect the names of any colleague/staff member. It is not believable that the petitioner would not remember the names of any colleague/staff member. The Committee examined all the persons who were on duty on that day but no persons supported the allegations of the petitioner. The petitioner has not mentioned the alleged comments of respondent No. 3 in the complaint on the ground of modesty. The petitioner did not even disclose the alleged comments before the Committee. Nor reason or justification was been given by the petitioner for not disclosing the same before the Committee. The entire complaint of the petitioner appears to be false and has been filed with some ulterior motive.”   

                           It cannot be lost on us that delving deeper, para 18 then brings to light that, “The record produced by the respondent No. 5 contains the service record of the petitioner. The petitioner joined ESI Corporation as an Insurance Inspector on 24th September, 1997. On 15th February, 1998, the petitioner was issued a charge sheet for major penalty proceeding for negligently surveying two firms ignoring vital information and suppressing material information while submitting the survey reports. Vide order dated 23rd October, 2001, the Insurance Commissioner took the view that the petitioner had only put one year of service in the Corporation and no malafide intention was proved and therefore, a lenient view was taken and the penalty of ‘Censure’ was imposed upon her. On 03rd March, 2006, the petitioner was issued a charge sheet for major penalty proceeding by Regional Office, Delhi on the allegations that during her posting in Legal Branch as an Insurance Inspector for the period from 22nd March, 2004 to 12th July, 2004, the petitioner had exhibited gross misconduct as she failed to follow the reasonable order of her superiors and exhibited lack of devotion towards duty. Vide order dated 22nd September, 2009, the Insurance Commissioner observed that the conduct of the petitioner was unbecoming of a Corporation employee and imposed the penalty of reduction pay by one stage for one year. The petitioner filed an appeal which was rejected by the Appellate Authority vide order dated 27th October, 2010 and thereafter, she preferred a revision petition which was also rejected. This rejection order was further challenged by the petitioner before this Court in W.P. (C) 8529/2011 which was dismissed by this Court vide order dated 24th November, 2011. On 13th July, 2011, the Medical Superintendent of ESIC, Hospital, Manesar, Haryana, Dr. Archana Rani gave a written memorandum to the petitioner who was posted in the hospital as an Assistant Director to show cause as to why the action should not be taken against her for insubordination and gross misconduct. The above mentioned incidents show that the petitioner did not have a clean service record.”        

                               Most importantly, it is then held in para 19 that, “There is no merit in this writ petition which is dismissed with cost of Rs. 50,000/- to be deposited by the petitioner with the Delhi High Court Advocates Welfare Trust within four weeks.” Thus we see that all the tall claims made by the petitioner falls flat and fails to impress the Delhi High Court as she could not produce anything substantial to back her tall claims against the respondent No. 3! This alone explains why it is then ruled in the next para 20 that, “Respondent No. 2 is at liberty to initiate appropriate action against the petitioner for filing false complaint against the respondent No. 3 in accordance with law.”

                                      To conclude, the Delhi High Court has acted most wisely by deciding to not allow the petitioner to go scot free. She willingly decided to defame the respondent No. 3 without any concrete ground in front of the whole society. So she had to be taken to task for it! This alone explains why the Delhi High Court imposed Rs 50,000 cost on petitioner for false sexual harassment plea. Very rightly so! Not just this, she should be jailed also for at least six months or an year so that the right message goes across to all women that they dare not misuse the sexual harassment laws against men whenever they want at their own whims and fancies! We all saw how recently even the incumbent CJI Ranjan Gogoi was not spared when a subordinate women employee levelled grave charges but failed to prove anything in front of the in-house Committee set up by the Supreme Court under the chairmanship of Justice Sharad A Bobde and so palapably the CJI Ranjan Gogoi had to be exonerated. Law must apply to erring women also now. This is what the Delhi High Court has rightly sought to do here. No denying or disputing it!


Courtesy/By: Sanjeev Sirohi  |  17 Jul 2019     Views:844

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Basic Amenities to Traffic Personnel ...
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Parliament Rightly Makes Triple Talaq Criminal But...
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No Tax Deduction from Motor Accident Compensation ...
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Iyal Isai Nataka Mandram should abide by the time ...
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Transitory Committee to be formed for Indian Arche...
11 Aug 2019     Views:800
Outlawing Of Triple Talaq Is Highly Commendable...
11 Aug 2019     Views:822
Daring Resolve Taken By Centre On Jammu And Kashmi...
10 Aug 2019     Views:735
M Kavitha’s suspension to be reviewed...
09 Aug 2019     Views:1062
SC: Adverse Possession owing to Title over Propert...
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Regulation of Online streaming contents out of the...
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Constitution Cannot Be Above Country Come What May...
09 Aug 2019     Views:813
Ocean waves to be our new energy source...
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Victim Has A Right To Assist The Court In A Trial ...
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Study of Lakes to be Conducted by NEERI...
07 Aug 2019     Views:1006
SC Denies Permission to Conduct DNA Tests...
07 Aug 2019     Views:928
Whatsapp's fight against interference with User-Pr...
07 Aug 2019     Views:824
Evidence Of A Solitary Witness In A Criminal Trial...
07 Aug 2019     Views:862
High Court of Karnataka set aside the retirement o...
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Study of Lakes to be Conducted by NEERI...
06 Aug 2019     Views:931
History-sheeter kidnaps and rapes a College Studen...
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No Room For Sympathy While Sentencing Terror Convi...
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Rejected Plea: Declaration of Vande Mataram as Nat...
05 Aug 2019     Views:1110
Madras HC corrects the computation error of Motor ...
05 Aug 2019     Views:818
Fundamental Right To Privacy Not Absolute And Must...
05 Aug 2019     Views:1053
Diocese of Tanjore Society School gets relief from...
04 Aug 2019     Views:904
THE TEMPLES IN KARNATAKA NO MORE BE GOVERNED UNDER...
03 Aug 2019     Views:1101
Triple Talaq legislation is challenged in the Delh...
03 Aug 2019     Views:818
Special Olympics International Football Championsh...
03 Aug 2019     Views:811
Concession to be given to disabled persons appeari...
03 Aug 2019     Views:1314
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03 Aug 2019     Views:970
Karnataka High Court on the condition of Roads...
02 Aug 2019     Views:1164
SC ORDERS DEATH PENALTY IN COIMBATORE GANG-RAPE CA...
02 Aug 2019     Views:867
RBI Changes Features Of New Currency Notes. Bombay...
02 Aug 2019     Views:827
Interest Of Victim And Society At Large Must Also ...
02 Aug 2019     Views:801
Abolition of Colonial Decorum in Courts...
01 Aug 2019     Views:4966
Punjab & Haryana HC Bans Use Of Loudspeakers Witho...
31 Jul 2019     Views:1338
ICJ Has Rightly Called Pakistan’s Bluff In Jadha...
26 Jul 2019     Views:766
Review And Reconsider Conviction And Sentencing Of...
22 Jul 2019     Views:791
Plaintiff Cannot Be Forced To Add Parties Against ...
21 Jul 2019     Views:937
Biggest Slap By ICJ Directly Right On The Face Of ...
19 Jul 2019     Views:714
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Non-Appointment Of Judges Affects Speedy Justice: ...
16 Jul 2019     Views:805
Right To Get Anticipatory Bail Is Not Any Fundamen...
14 Jul 2019     Views:1156
Plea For Anticipatory Bail Not Maintainable Before...
13 Jul 2019     Views:1390
Divorce Cannot Be Granted Only On Ground Of Irretr...
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Right To Shelter A Fundamental Right; State Has Co...
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HC Cannot Reverse Acquittal Without Affording Oppo...
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Centre Is Legally Empowered To Create A High Court...
05 Jul 2019     Views:1246
Centre Must Now Immediately Order Creation Of HC B...
03 Jul 2019     Views:717
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Ban Advocates From Carrying Weapons Inside Court P...
26 Jun 2019     Views:1777
Enact Strict Law To Ensure Personal Safety Of Doct...
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Mere Aggressive Behaviour Of Wife Not A Ground Of ...
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Court Cannot Destroy Faith & Beliefs Of People: Ma...
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Insult Of Soldier In Name Of Law Is Most Disgracef...
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Courts Cannot Decide Eligibility And Essential Qua...
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SC Upholds Constitutionality Of Section 23 Of PCPN...
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My Unflinching Faith In CJI Stands Fully Vindicate...
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Solitary Confinement Of Death Convict Prior To Rej...
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“Drop This Episode From Your Minds And Gossips...
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Magistrate Shall Specify Whether Sentences Awarded...
23 Feb 2019     Views:1876
Mere Inability To Repay Loan Does Not Constitute C...
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Inability To Establish Motive In A Case Of Circums...
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Long Pendency Amounts To A Special Reason For Impo...
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Successive Applications For Recalling Witnesses Sh...
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Lieutenant General (Rtd) Cannot Be Tried In A Gene...
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Autonomy Of the Bar Cannot Be Taken Over By The Co...
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Casual Act Of Possession Over Property Does Not Co...
04 Feb 2019     Views:1643
No Authority Can Claim Privilege Not To Comply Wit...
04 Feb 2019     Views:1807
Death Sentence Only When The Alternative Option Is...
04 Feb 2019     Views:2006
SC Imposes Rs 5 Crore Penalty On A Medical College...
28 Jan 2019     Views:1318
A Judicial Officer Is Not An Ordinary Government S...
25 Jan 2019     Views:1502
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Mutual Consent Divorce Procedure in Chennai Family...
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Quick Divorce in India...
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4 Important things to file Divorce in Chennai...
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Offences Under Section 307 IPC Can’t Be Quashed ...
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Suspicion, Howsoever Grave, Can’t Substitute Pro...
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Executive Magistrate Cannot Direct Police To Regis...
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recheck...
19 Dec 2018     Views:1353
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12 Dec 2018     Views:1326
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11 Dec 2018     Views:1374
Bombay HC Quashes Government Resolution Making It ...
26 Nov 2018     Views:1714
SLP Against Death Sentence Shall Not Be Dismissed ...
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SC Allows Live-Streaming Of Public Proceedings In ...
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Sexual Offenders Registry For Law Enforcement Agen...
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Men Too Have Right Not To Be Defamed And Denounced...
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Legal Article Now Bar Council ID Card Is Valid Id...
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Devotion Cannot Be Subjected To Gender Discriminat...
23 Oct 2018     Views:3054
There Cannot Be Any Mechanical Denial Of Appointme...
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Rights Of Accused Far Outweigh That Of Victims, Ne...
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Extra-Judicial Confession Of Accused Need Not In A...
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Leaders Of Outfits Calling For Mob Violence Liable...
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Section 377 IPC Decriminalised Partially By Supre...
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Court Must Not Go Deep Into The Matter While Consi...
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SC Stresses On Need To Develop And Recognize ‘De...
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Mirchpur Dalit Killings: “Atrocities Against SCs...
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SC Upholds Pan India Reservation Rule in Delhi; Bu...
03 Sep 2018     Views:1575
NDPS Bail Conditions Discriminatory, Irrational An...
31 Aug 2018     Views:2360
People Without A Degree Performing Surgeries: Utta...
28 Aug 2018     Views:1173
Uttarakhand HC Issues Directions For Conserving ...
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12 Year Old Girl’s Rape And Murder: Constitute P...
28 Aug 2018     Views:1384
MP HC To Debar Members/Office Bearers Of Bar Counc...
22 Aug 2018     Views:1096
Special Squad, Police Patrolling Every 24 Hours To...
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NRC Being Prepared Under Supreme Court’s Watch I...
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Victims Of Crime Can Seek Cancellation Of Bail: MP...
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Delhi HC Strikes Down Provisions In Law That Crimi...
13 Aug 2018     Views:1397
Delhi HC Quashes Govt Notification Revising Minimu...
09 Aug 2018     Views:1259
Poorest Of Poor Cannot Go To Private Hospitals: Ut...
07 Aug 2018     Views:1662
How Long Will Lawyers Of West UP Just Keep Strikin...
04 Aug 2018     Views:1602
Courts Must See That The Public Doesn’t Lose Con...
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UK Tier 1 Entrepreneur Visa: Overview from Experts...
31 Jul 2018     Views:1154
Enact Law For Safety Of Soldiers Of Jammu And Kash...
23 Jul 2018     Views:1219
SC Advocates Creating A Special Law Against Lynchi...
23 Jul 2018     Views:2413
Matrimonial Discord Can’t Be Considered As Reaso...
23 Jul 2018     Views:2131
Uttarakhand HC Recommends Govt To Enact Legislatio...
23 Jul 2018     Views:2469
High Court Priests Cannot Refuse To Perform Religi...
23 Jul 2018     Views:1675
Uttarakhand High Court Passes String Of Directions...
23 Jul 2018     Views:1051
SC Finally Decides Master Of Roster Case...
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Stone Pelters And Terrorists Have No Right To Life...
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Remove Designations Like Police, HC, Journalist, A...
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Why Centre is Providing Security For Separatists B...
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Farmer Suicide Due To Bankruptcy Or Indebtedness: ...
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Every Indian Should Salute Brave Soldier Aurangzeb...
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Uttarakhand HC Issues Directions To Curb Drug Pedd...
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Have A Functional National Law University Within 3...
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Establish Regional Bench Of AFT In The State Withi...
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Cancel Licences of Drivers Using Cell Phones; Helm...
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Uttarakhand High Court Puts Restrictions On Noise ...
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Supreme Court To Look Into Validity Of Amended Law...
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Mysterious Deaths, Rapes, Malnutrition, Unsanitary...
29 Jun 2018     Views:1959
No Politics Please Over Plan To Assassinate PM Mod...
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Free Mentally Ill Children And Formulate Policies ...
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Landmark Ruling By Uttarakhand HC On Solitary Conf...
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Right Of Adult Couple To Live Together Without Mar...
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Why BJP Will Be Wiped Out In West UP And UP?...
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Why UP Has Just One High Court Bench And West UP N...
05 Jun 2018     Views:1136
Women Governed By Muslim Personal Law Can Invoke P...
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Why Is BJP Not Creating More Benches In UP?...
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Probation Period To Count For New Civil Servants B...
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SC Women Lawyers Association Seeks Chemical Castra...
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SC Finally Steps In To Expedite POCSO Cases...
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Make BCCI A Public Body: Law Panel...
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Self-Styled Godman Asaram Awarded Life Until Death...
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Why Cases Withdrawn Against Stone Pelters In Kashm...
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A High Court Bench For West UP In Meerut Is Impera...
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People Of Karnataka Should Worship Congress...
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Delhi HC Upholds Life Term To Seven Policemen...
19 Mar 2018     Views:966
Finance Act-2018 And Customs Act-1962 (Amendments)...
28 Feb 2018     Views:1014
Why No Death Or Life Term For Corruption?...
19 Feb 2018     Views:886
Will Electoral Bonds Usher In Transparency?...
19 Feb 2018     Views:861
How Long Will Lawyers Of West UP Keep Striking?...
19 Feb 2018     Views:940
Finance Act 2018 and Customs Act 1962...
18 Feb 2018     Views:1259
Why Has Stone Pelting Been Legalised In Kashmir?...
12 Feb 2018     Views:959
Shopian Firing: Major's Dad Moving SC For Quashing...
12 Feb 2018     Views:904
Soldiers Have Every Legal Right To Kill Stone Pelt...
12 Feb 2018     Views:2167
Attack On Lawyers: Delhi HC Issues Notice To Delhi...
10 Feb 2018     Views:944
Female Foeticide Must Be Punished Most Strictly...
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Soldiers Have Every Legal Right To Act In Self Def...
10 Feb 2018     Views:883
New Consumer Protection Bill 2018 Will Entail More...
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CJI Brings Out A Roster To Allot Cases...
10 Feb 2018     Views:1426
Five Year Jail Term For Lalu In Third Fodder Scam ...
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SC Quashes All The 88 Mining Leases In Goa...
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Prevention Of Money Laundering Act -2002 (PMLA-20...
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Prevention Of Money Laundering Act-2002 Amended ...
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Prevention Of Money Laundering Act -2002 --U/S 45(...
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Prevention Of Money Laundering Act-2002 (P...
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Prevention Of Money Laundering Act-2002 PMLA...
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Right to Know...
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A STUDY OF CERTAIN DEDUCTIONS ON INCOME TAX RELATI...
29 Dec 2017     Views:1454
Enviornment protection is for saving universe...
28 Dec 2017     Views:906
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THE PARADOX OF PLEA BARGAINING...
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JOURNEY OF EVMs AMIDST CONTROVERSIES ...
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2G Scam : The 2G Scam and much more...
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