News Updates
Himachal Pradesh High Court Calls For Judicious Use Of Provision For Additional Evidence U/S 391 CrPC, Cautions Against Disguised Retrials
The Himachal Pradesh High Court has reiterated that the powers under Section 391 CrPC are to be exercised judiciously and not for mere asking, and the additional evidence should not be a way to re-try the case or alter the charges.Justice Joytsna Rewal Dua observed, "The trial has ended after full 13 years in the acquittal of the accused persons (respondents No.2 and 3). By allowing the...
High Court Seeks Response Of Centre, Delhi Govt On Plea To Consider Enacting Advocates Protection Act In National Capital
The Delhi High Court on Wednesday sought response of the Union of India and Delhi Government on a plea seeking directions upon them to consider enacting the Advocates Protection Act in the national capital.Advocate KC Mittal appearing for the Bar Council of Delhi told Justice Prathiba M Singh that the lawyers’ body and the Coordination Committee of Bar Associations of all district courts are...
Drug Manufacturer Can't Be Held Liable For Not Meeting Standards Prescribed After Date Of Manufacture: Bombay High Court
The Bombay High Court recently held that manufacturer of a drug cannot be prosecuted for manufacturing drugs which do not fulfil such standards that were notified by the government after the date of manufacture.Justice Kishore C Sant of the Aurangabad bench set aside order of process against the manufacturer of Mediplus Scalp Vein Set, a device used for intravenous injections or taking...
[SC/ST Act] Accused May Prefer Statutory Appeal Against Bail Rejection By Special Court, Can't Approach High Court U/S 438 & 439 CrPC: Madhya Pradesh HC
The Madhya Pradesh High Court at Gwalior on Wednesday observed that High Court cannot entertain applications under section 438 (Direction for grant of bail to person apprehending arrest) or 439 (Special powers of High Court or Court of Sessions regarding bail) CrPC for an offence under the Schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 as Section 14A (2) (Appeal) of...
'Issue Arrest Warrant Against Rahul Gandhi For His Failure To Appear In Defamation Case': Sushil Modi's Plea In Patna Court
An application has been moved today before the Patna Court by Rajya Sabha MP Sushil Kumar Modi for the issuance of an arrest warrant against Congres leader Rahul Gandhi for his failure to appear in Court in the defamation case filed by Modi.The application was moved today after Gandhi failed to appear before Court pursuant to Court's March 18 order directing him to appear on April 12 to...
Jammu & Kashmir High Court Quashes 2022 Village Defence Guard Scheme To The Extent It "Denudes" SPOs Of Their Status & Privileges Under Old Scheme
The Jammu and Kashmir and Ladakh High Court recently quashed the Village Defence Group Scheme-2022 issued by the Government to the extent it has the effect of denuding the petitioners (heads of the Village Defence Groups) of their status as SPOs (Special Police Officers) and the power and privileges conferred on them by the Village Defence Group Scheme-1995.A bench comprising Justice...
Offences Alleged Against Salman Khan Not Made Out, Judicial Process Not Tool To Harass Celebrities: Bombay High Court On Quashing Journalist's Complaint
Judicial process shouldn’t be a means for needless harassment of a celebrity to satisfy the vendetta of a complainant who assumed he was insulted, the Bombay High Court observed in its detailed order quashing a case against actor Salman Khan and his bodyguard.“The words uttered in despair or a gesture, howsoever frightful, by itself would not attract Section 504 unless it exhibit...
No Rebuttal To Desertion Allegations Despite Entering Appearance: Karnataka High Court Dismisses Wife's Appeal Against Divorce Decree
The Karnataka High Court has dismissed an appeal filed by a woman challenging an order of the family court granting divorce on the grounds of desertion as the wife failed to counter the averments made by the husband in the petition. A division bench of Justice Alok Aradhe and Justice Vijaykumar A Patil said “It is trite law that if a witness is not subjected to cross-examination by the...
Delhi High Court Seeks Centre’s Response On Pleas Seeking Information Relating To Collegium Recommendations Under RTI Act
The Delhi High Court on Wednesday sought response of the Union of India on pleas seeking information in respect of recommendations of the Supreme Court Collegium under Right to Information Act, 2005.Calling it an “important matter”, Justice Prathiba M Singh asked Additional Solicitor General Chetan Sharma to seek appropriate instructions and file an affidavit as the RTI applications relate...
Don't Use Interim Stay To Mislead Consumers On Service Charge: Delhi High Court To Hotels, Restaurants
The Delhi High Court on Wednesday said that its interim order staying the guidelines of Central Consumer Protection Authority (CCPA), that prohibit the hotels and restaurants from levying service charges “automatically or by default” on bills, shall not be shown on the menu cards or display boards in a manner to mislead the consumers that the service charge has been approved by...
Family Court Can't Dispose Application For Time Bound Adjudication Merely Saying 'Case Will Be Disposed At Earliest', Must Fix Time Frame: Kerala HC
The Kerala High Court on Monday held that when an application is filed seeking time bound disposal of a matter, the family court cannot dispose such an application passing an order that the case “will be disposed of at the earliest”.A division bench of Justice Anil K. Narendran and Justice P.G. Ajithkumar observed“… if the applicant has stated any justifiable or valid reason for...
Decide AIADMK’s Representation For Updation Of Its Amended By-Laws Within 10 Days: Delhi High Court Directs ECI
The Delhi High Court on Wednesday directed the Election Commission of India to decide within ten days the representation of All India Anna Dravida Munnetra Kazhagam (AIADMK) for updation of its amended by-laws with the records of the constitutional body.The counsel representing ECI told Justice Purushaindra Kumar Kaurav that the Commission will take a call on the representation within...