High Court Refuses To Stay Upcoming Delhi Municipal Corporation Elections

The Delhi High Court on Wednesday refused to stay the Municipal Corporation of Delhi (MCD) elections, which are scheduled to be held on December 4. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that it is a settled position of law that once an election notification is published, the same cannot be stayed by the court.The court made the...

Breaking | Special PMLA Court Grants Bail To Sanjay Raut In Patra Chawl Scam Case, Rejects ED's Request For Stay On Order

A Special PMLA court on Wednesday granted bail to Shiv Sena (Uddhav Balasaheb Thackeray) MP Sanjay Raut in the Patra Chawl redevelopment money laundering case being investigated by the Enforcement Directorate. Special Judge MG Deshpande also allowed the bail plea of Raut's aide, Pravin Raut.BREAKING - Special PMLA Court grants bail to MP #SanjayRaut in the Patra Chawl redevelopment...

"Obesity Root Cause Of All Diseases": Punjab & Haryana High Court Grants Bail To Money Laundering Accused Weighing 153 Kg

Considering his co-morbidities, his case would fall within the exception of being 'sick' as carved out in the first proviso to Section 45 (1) of the Prevention of Money Laundering Act, 2002, the Court said.

Madras High Court Reserves Judgment On Former Minister SP Velumani's Petitions Seeking Quashing Of FIRs In Corruption Case

The Madras High Court on Tuesday reserved its decision on the pleas moved by former AIADMK Minister SP Velumani for quashing of the FIRs alleging irregularity in grant of contracts during his tenure.The bench of Justice PN Prakash and Justice RMT Teeka Raman, that deals with cases relating to MPs and MLAs, reserved the judgment after hearing the counsel representing different parties...

Section 167 CrPC | '15 Days' Time Limit & Reasoned Order' For Remand Are Requirements Only During Pendency Of Investigation: Delhi High Court

Observing that the right of default bail is finished or extinguished the moment chargesheet is filed within the period prescribed under Code of Criminal Procedure (CrPC), the Delhi High Court has ruled that any irregularity or illegality in the remand order is not a "statutorily sanctioned reason" for grant of default bail. "A reading of the provisions under Section 167 of Cr.P.C. nowhere...

Indulging In Similar/ Other Criminal Activity Amounts To 'Supervening Circumstance' For Bail Cancellation: Kerala High Court Reiterates

The Kerala High Court on Tuesday reiterated the settled position of law that misuse of liberty granted to an accused person by indulging in similar/other criminal activities, thereby violating conditions imposed in the bail order, would amount to a 'supervening circumstance' in order to their cancel bail. Justice A. Badharudeen passed the order while considering the petition for cancellation...

'Exercised Right Of Self Defence To Protect Property': Karnataka High Court Acquits Three Men Convicted For Injuring Cousins With Sickle

Observing that it is open for a court to consider the right of self defence if it arises from the material on record, the Karnataka High Court recently acquitted three men, who had attacked and injured their cousins during a property-related quarrel in 2008.A single bench of Justice S. Rachaiah said Section 96 of the IPC provides that nothing is an offence which is done in exercise of the...

Allahabad High Court Orders State Bar Council Enquiry Against An Advocate Allegedly Involved In Running A Business

The Allahabad High Court has directed the Bar Council of Uttar Pradesh to inquire into and take suitable action in accordance with the law against an Advocate for allegedly running a business. For context, an advocate cannot run any business personally and earn a profit as per Rule 47 of the Bar Council of India Rules.The matter came to light while the bench of Justice Subhash Vidyarthi...

[Preventive Detention] Satisfaction Of Detaining Authority Must Be Based On Collective Scrutiny Of Police Dossier & Connected Docs: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently ruled that in absence of the material supporting the allegations or specifying details of such incident, it cannot be held that some activities are prejudicial to the maintenance of peace, public order and tranquility and that too when there is not any whisper in the record substantiating these vague allegations. The...

'Casually Playing With Personal Liberty Of Accused': Madras HC Recommends Criminal Law Training For Executive Magistrates

The Madras High Court recently came down heavily on Executive Magistrates passing orders "without knowing or understanding the basic concepts of criminal law". The remarks were made while hearing a challenge to an order passed by the Sub-Divisional Magistrate cum Revenue Divisional Magistrate under Section 122(1) (b) of CrPC.Justice K Murali Shankar lamented that the Executive Magistrates...

Arrest Warrant Cannot Be Served Via Whatsapp Message: MP State Police Informs High Court

The Madhya Pradesh State Police recently told the High Court that there is no procedure under Section 71 CrPC to serve an arrest warrant to the person concerned through a WhatsApp message. The submission was made before the bench of Justice G.S. Ahluwalia, which was hearing an application for bail. Facts of the case were that the Applicant was under trial for offences punishable...

Payment Made To Non-Resident Marketing Partners for Sale Services is FTS: ITAT

The Chennai Bench of the Income Tax Appellate Tribunal (ITAT) has held that payment made by the assessee to non-resident marketing partners for providing pre and post-sale services related to software solutions is in the nature of fees for technical services (FTS).The two-member bench of V. Durga Rao (Judicial Member) and G. Manjunatha (Accountant Member) has observed that since the assessee...