News Updates
Vande Bharat Stone Pelting| 'Whether CM Mamata Banerjee's Alleged Statement Falls U/S 153A IPC Ambit?': Calcutta HC Seeks AG's Reply
The Calcutta High Court last week sought an explanation from the Advocate General of the state as to whether an alleged statement of Chief Minister Mamata Banerjee, made in the backdrop of the Vande Bharat Train Stone Pelting incident of January 2023, falls under the ambit of Section 153A IPC for promoting enmity between the residents of Bengal and Bihar. It may be noted that Section 153A...
[Prevention Of Corruption Act] Mere Typing Error In Designation Of Person Accused While Issuing Sanction Does Not Invalidate It: Kerala High Court
The Kerala High Court recently held that merely because there is a typographical error in showing the designation of the person accused in the sanction order to prosecute such person under Section 19(1)(b) of the Prevention of Corruption Act (P.C. Act), it cannot be said that the sanction order is bad. Justice Kauser Edappagath passed the above order and observed, "For the simple reason...
Witness Examination Through Virtual Mode Does Not Affect The Rights Of Accused: Kerala High Court
The Kerala High Court recently held that the examination of a witness during trial may be conducted through video linkage mode as per the provisions of the Electronic Video Linkage Rules for Courts (Kerala), 2021 and that the same would not affect the rights of the accused.A single bench of Justice A Badharudeen noted that under Rule 8(25) Electronic Video Linkage Rules for Courts (Kerala),...
After 7-Days CBI Custody, Delhi Court Sends Aam Aadmi Party Leader Manish Sisodia To Judicial Custody Till March 20
A Delhi Court on Monday remanded Aam Aadmi Party (AAP) leader and former Deputy Chief Minister of Delhi Manish Sisodia to judicial custody in the case filed by Central Bureau of Investigation (CBI) alleging corruption in implementation of the excise policy for the year 2021-22.Special Judge MK Nagpal passed the order after the CBI counsel said they are not seeking extension of his custody...
Cause Of Action Cannot Be Generated By Repeated Representations, Right To Claim Must Be Established: Jammu & Kashmir High Court
The Jammu and Kashmir and Ladakh High Court has recently ruled that ‘cause of action’ cannot be generated by making repeated representations and serving legal notices to the concerned authorities as every fact is required to be proved in order to support the right being claimed before the court. The observations to this effect were made by a bench comprising Justices Sanjeev...
Delhi Riots: High Court Denies Bail To Accused As Prosecution Accuses Him Of Threatening Witnesses
The Delhi High Court has denied bail to an accused in a case related to the 2020 North-East Delhi riots. The FIR alleges that former Aam Aadmi Party councillor Tahir Hussain's associates stole valuable property from a godown situated at Khajuri Khas.Justice Swarana Kanta Sharma denied bail to Shoaib Alam considering that two eye witnesses gave account of his specific role and the fact...
'Writ Of Atique Runs In Police Station Area, Not Of Govt': Allahabad HC Cancels Bail Of MLA Raju Pal Murder Case Accused
While cancelling bail granted to an accused (Farhan) in the 2005 murder of then BSP legislator Raju Pal in Prayagraj, the Allahabad High Court observed that in the area of the Police Station Dhomanganj/Dhoomanganj, Prayagraj the writ of the State Government does not run, rather, the writ of dreaded criminal, Ateeq Ahmad runs.The court observed thus as it noted that both Raju Pal and the...
Punjab And Haryana High Court Monthly Digest: January & February 2023
Nominal Index [Citation: 2023 LiveLaw (PH) 1-37]M/s Simplex Infrastructure Ltd. & Anr. versus M/s J.P. Singla Engineers and Contractor 2023 LiveLaw (PH) 1Jagjit Singh @ Jaggi v. State of Punjab 2023 LiveLaw (PH) 2Sandeep Singh Sandhu vs. State of Punjab along with connected matters 2023 LiveLaw (PH) 3M/s. G.D. Goenka School v. Parveen Singh Shekhawat and Others and M/s. G.D. Goenka School...
Karnataka High Court Upholds Single Judge Order Against State's Decision Permitting Only Muslim Priest To Perform Rituals At Datta Peeta
The Karnataka High Court on Monday dismissed an appeal challenging a Single Judge's order which quashed State's decision to permit only a Mujawar (Muslim Priest) to perform the rituals at the Datta Peeta - a holy cave shrine in Chikmaguluru which is revered both by Hindus and Muslim communities.The State had ordered that only a Mujawar appointed by Shah Khadri shall be permitted to enter...
Can't Examine Any Defence Of Accused While Considering Prayer For Quashing Of Charge Sheet: Allahabad High Court
The Allahabad High Court has observed that while considering the prayer for quashing the charge sheet, the Court cannot examine any defence of the accused which has yet to be placed before the subordinate Court. The bench of Justice Shekhar Kumar Yadav observed thus while refusing to entertain the plea filed by one Kalika Pratap Singh seeking to quash criminal proceedings initiated...
Res Judicata Not Attracted To Proceedings In Foreigners Tribunal If Previous Order Finding Petitioner 'Not Foreigner' Unreasoned: Gauhati High Court
The Gauhati High Court on Friday held that the principle of res judicata will not apply to a subsequent proceeding before the Foreigners Tribunal to determine whether a person is a foreigner or not, if the previous order of the Tribunal had not given any reason as to why it was of the view that the person is not a foreigner.The division bench of Justice Achintya Malla Bujor Barua and...
Delhi High Court Upholds Order Asking Man To Provide Maintenance For Wife's Child From Previous Marriage, Says Can't Avoid Responsibility Now
The Delhi High Court has observed that an individual marrying a person who has a child cannot be allowed to argue later that the child is not his or her responsibility. “When a person solemnizes a marriage with a person who already has a child, said person shall be presumed to have undertaken the responsibility of the child and also cannot later be permitted to contend that the child is...