Parties To Lis Should Not Be Appointed As Receiver Without Consent Of Other Parties: Telangana High Court

The Telangana High Court Bench of Chief Justice Alok Aradhe And Justice J.Sreenivas Rao held that impartiality is an essential attribute of a Receiver. Therefore, normally one of the parties to a lis should not be appointed as Receiver without consent of the other parties unless a very special case is made out. Brief Facts This appeal under Section 37(1)(b) of the Arbitration...

Delhi Riots: High Court Rejects Khalid Saifi's Plea Against Attempt To Murder Charges

The Delhi High Court on Tuesday (November 5) dismissed a plea moved by United Against Hate founder Khalid Saifi challenging the framing of attempt to murder charges against him in a case concerning the 2020 North-East Delhi riots.“The petition is dismissed,” a single judge bench of Justice Manoj Kumar Ohri said while pronouncing the verdict. FIR 44 of 2020 was registered by the Delhi...

Court Has More Responsibility To Read Between Lines To Prevent Harassment Of Innocent: Jharkhand HC While Quashing Rape & SC/ST Charges

The Jharkhand High Court has dismissed the criminal proceedings, including a rape charge, against Sunil Tiwari, political adviser to Jharkhand BJP chief Babulal Marandi, citing "abuse of process of law."Justice Sanjay Kumar Dwivedi, presiding over the case, noted that while the High Court is generally cautious in deciding whether a case has merit, it also has a duty to prevent...

Delhi Riots: High Court Grants Bail To Two Men In Head Constable Ratan Lal Murder Case

The Delhi High Court has granted bail to two accused persons in the murder case of Delhi Police's head constable Ratan Lal during the 2020 North-East Delhi riots. Justice Chandra Dhari Singh granted the relief to Mohd. Jalaluddin and Mohd. Wasim in FIR 60/2020 registered at Police Station Dayalpur. While granting bail to Jalaluddin, the Court noted that the matter is fixed for arguments on...

All Proceedings Conducted On 'Illegal' Game Zone Points To Town Planning Officer, File Didn't Reach Ex-Municipal Commissioners: Gujarat HC

Examining the affidavits of two former Rajkot Municipal Commissioners pertaining to the TRP Game Zone fire, the Gujarat High Court said that while all proceedings pertaining to the coming up of the establishment was illegal at the level of the Town Planning Officer (TPO), however it appeared that at no stage the file travelled to the concerned Municipal Commissioners. The high court had in...

UP Courts Can't Entertain Anticipatory Bail Pleas For Offences Punishable By Death As State Amendment Prohibits It: Allahabad HC

The Allahabad High Court has held that since the Code of Criminal Procedure (Uttar Pradesh Amendment) Act 2018 bars the grant of anticipatory bail in cases where the offence is punishable by a death sentence, the Courts cannot entertain pre-arrest bail pleas concerning such cases. A bench of Justice Vivek Chaudhary and Justice Narendra Kumar Johari held thus while answering a...

Kerala High Court Quashes Criminal Case Against Film Director Sreekumar Menon Filed By Film Actress

The Kerala High Court quashed the case against film and ad director Sreekumar Menon by prominent Malayalam movie actress. Justice S. Manu found that the offences alleged against him is unsustainable based on the allegations made against the director.The FIR was filed in Thrissur East Police Station and the case was pending before the Judicial First-Class Magistrate Court -I, Thrissur. He...

Not Lawful For Magistrate To Direct Preliminary Inquiry Into Sexual Assault Allegations Made In S. 156 (3) CrPC Application: Allahabad HC

The Allahabad High Court has observed that it is neither desirable nor lawful for a Magistrate, dealing with a Section 156 (3) plea containing sexual assault allegations, to direct a preliminary investigation/inquiry by police and to place reliance on the police report submitted in favour of the proposed accused. The Court observed that such an approach of the magistrate is not...

Govt Should Bring Regulations To Exempt Nurseries From Land Acquisition, Reliance On GOs 'Must Stop Forthwith': Karnataka High Court

While hearing a plea pertaining to the acquisition of a land claimed to be used as a nursery, the Karnataka High Court has said that the reliance on a 1987 government order exempting Nurseries (Plant nursery) from land acquisition must stop forthwith.In doing so the high court further said, that if the acquiring authorities want to exempt nurseries from land acquisition, it can do it only...

Subsequent Police Report Not Invalid Merely Because Court's Permission For Further Investigation Was Not Taken: Kerala High Court

While hearing plea to quash an FIR containing allegations of attempt to murder, the Kerala High Court held that an additional or a subsequent police report cannot be held as invalid just because the investigation officer did not seek the court's permission before conducting further investigation.In doing so, the high court while emphasizing the need to obtain the court's permission as a...

Bombay High Court Weekly Round-Up: October 28 - November 03, 2024

Citations 2024 LiveLaw (Bom) 559 to 2024 LiveLaw (Bom) 572Nominal Index:M/s BK Polimex India Private Limited vs Union of India, 2024 LiveLaw (Bom) 559 Deepak Deshmukh vs Directorate of Enforcement, 2024 LiveLaw (Bom) 560Maruti Krishana Naik & Ors. vs. M/s. Advani Oerlikon Ltd. & Anr.,2024 LiveLaw (Bom) 561Andreas Stihl Private Limited versus The Joint Commissioner of State Tax &...

Watching Woman Or Capturing Her Images Not Voyeurism U/S 354C IPC Unless In Circumstances Where She Would Expect Privacy: Kerala High Court

The Kerala High Court has held that the offence of voyeurism under Section 354C of IPC will not attract when a woman's photos were clicked by two men, while she was standing in front of her house without any secrecy.Justice A. Badharudeen made it clear that the offence is attracted only upon watching or capturing images of a woman engaging in a 'private act' as mentioned under the...