High Courts
Only Police Can Do Preliminary Inquiry U/S 17A PC Act, Not Governor: State To Karnataka High Court In CM Siddaramaiah's Plea Against Sanction
While hearing Chief Minister Siddaramaiah's plea against the Governor's sanction to prosecute him, the state government on Monday (September 9) told the Karnataka High Court that the preliminary inquiry under Section 17A of Prevention of Corruption Act could have been conducted by the police only and not the Governor. A single judge bench of Justice M Nagaprasanna was hearing the CM's...
Date Of Complaint Relevant For Determining Limitation U/S 468 CrPC To Prosecute An Offence, Date Of Cognizance Immaterial: Karnataka HC
The Karnataka High Court has said that in a complaint where the offence is punishable with a maximum sentence of three years, the limitation for filing the complaint u/s 468 of the Criminal Procedure Code, is one year from the date of occurrence of the cause of action and any complaint filed beyond that period is not maintainable.A single judge bench of Justice M Nagaprasanna allowed the...
Jammu & Kashmir And Ladakh High Court Monthly Digest: August 2024
Nominal Index:Mr. Nagraj V Vs UT of J&K 2024 LiveLaw (JKL) 208BASHIR AHMAD WANI Vs J&K FOREST DEVELOPMENT CORPORATION & OTHERS 2024 LiveLaw (JKL) 209Mohammad Akram Rather and Ors Vs UT through Director General of Police and Ors 2024 LiveLaw (JKL) 210Gulzar Ahmad Malik Vs Tariq Ahmad Parray and another 2024 LiveLaw (JKL) 211Fayaz Ahmad Mir Vs Nighat Nasreen 2024 LiveLaw (JKL)...
Mizoram Govt Not Taking Effective Steps To Improve Prison Conditions Despite Availability Of Funds: Gauhati High Court
The Gauhati High Court recently granted four weeks to the State of Mizoram to clarify its position regarding the scheduled start and completion of work for improving the conditions of prisons in the State.The division bench of Chief Justice Vijay Bishnoi and Justice Michael Zothankhuma sitting at Aizawl observed,“We expect that the State Government shall come with a concrete proposal...
'Humour In Court': In A First, Delhi High Court To Have Dedicated Section On Its Website To Share Humorous Stories From Courtrooms
The Delhi High Court will soon have a first of its kind dedicated section 'Humour in Court' on its website, an endeavour of the court's 'Information Technology & Artificial Intelligence Committee' to capture humorous court exchanges amongst judges, lawyers and litigants. The initiative was launched on Wednesday (September 11) by Acting Chief Justice Manmohan along with two other...
Delhi High Court Temporarily Restrains Vadodara Based Cafe From Using Trademark Of 'SOCIAL' Restaurants And Bars
The Delhi High Court, in an interim order, temporarily restrained an entity operating a Vadodara based restaurant, from using the popular 'SOCIAL' trademark registered by Impresario Entertainment & Hospitality Pvt. Ltd, after noting that the entity's mark was similar and was likely to cause confusion to the general public. The ex parte ad interim injunction was passed in the...
Show Cause Notice Does Not Provide Any Clue Why Petitioner's GST Registration To Be Cancelled ; Delhi HC sets aside Show Cause Notice
The Delhi High Court held that the purpose of issuing a show cause notice is to enable a noticee to respond to the allegations based on which an adverse order is proposed. Hence, the High Court quashed the order as well as SCN observing that the SCN is not intelligible as it does not specify the reason for cancelling the petitioner's GST registration. The Division Bench of...
Gujarat High Court Weekly Round-Up: September 2 - September 8, 2024
Nominal Index [Citations: 2024 LiveLaw (Guj) 121-128]Dr.Rajeshkumar Somabhai Katara, Asst.Professor Microbiology Versus State Of Gujarat & Anr. 2024 LiveLaw (Guj) 121Vishalkumar Kanubhai Patel Versus High Court Of Gujarat 2024 LiveLaw (Guj) 122Labhshankar Duryodhan Maheshwari Versus State Of Gujarat 2024 LiveLaw (Guj) 123Kalpesh Vaghabhai Chaudhary Versus State Of Gujarat & Anr....
Embargo On Bail In Death Or Life Imprisonment Cases Cannot Supersede Right To Speedy Trial: J&K High Court
The Jammu & Kashmir and Ladakh High Court has recently ruled that the embargo under the Code of Criminal Procedure for granting bail in cases punishable by death or life imprisonment cannot override the fundamental right to a speedy trial, as guaranteed under Article 21 of the Constitution of India.Granting bail to one Raman Kumar, the petitioner, who had been incarcerated for over 13...
Kerala High Court Declines To Quash Criminal Proceedings Against Man Booked For Uploading Allegedly Objectionable Video Against Nuns
The Kerala High Court declined to quash criminal proceedings initiated against a man booked for allegedly publishing a video stating that nuns are the concubines of priests and bishops on YouTube and Facebook.The prosecution alleged that the video was published on June 01, 2020, with the intent to hurt and insult the religious feelings of nuns. It is alleged that the petitioner...
[Defamation] Application Claiming Exception Of 'Good Faith Accusation' Cannot Be Dismissed At Threshold, Requires Trial To Examine: J&K HC
In a notable ruling, the Jammu and Kashmir and Ladakh High Court has emphasized that the application of the Eighth Exception to Section 499 (Defamation) of the Ranbir Penal Code (RPC) (pari materia to Sec 499 of IPC) involves the determination of factual issues that cannot be assessed at the threshold stage by the trial court or in a petition seeking quashing.The eighth exception of the...
Laundered Hard Earned Money Of Homebuyers Looking For Shelter: Punjab & Haryana High Court Rejects Builder's Plea Challenging ED Arrest
The Punjab and Haryana High Court has dismissed the plea of a real estate company owner challenging his arrest by the Enforcement Directorate (ED), observing that "huge proceeds of crime have been identified, and prima facie, the offence of money laundering is clearly made out" against him.Justice Mahabir Singh Sindhu said,"about 1500 prospective home buyers have invested their hard earned...