'Victim' U/S 2(wa) CrPC Includes Legal Heirs Who May Continue Criminal Case If Victim Dies: Karnataka High Court

The Karnataka High Court has said that the word 'victim' under Section 2(wa) of CrPC would include his or her legal heirs and they would have the locus to continue the criminal case in case of victim's death, before Police files the chargesheet. A single judge bench of Justice M Nagaprasanna said,"A victim would mean a person who has suffered any loss or injury caused by reason of the...

Delhi Liquor 'Scam': High Court Asks CBI, ED To Place On Record Case-Related Press Communications

The Delhi High Court on Monday asked the Central Bureau of Investigation (CBI) and Enforcement Directorate (ED) to place on record all the press communications and public announcements issued by them in relation to ongoing probe in the Delhi liquor scam case.Justice Yashwant Varma passed the order while hearing a plea moved by an accused Vijay Nair, the former CEO of an event management...

J&K&L High Court Weekly Roundup: November 7 To November 13, 2022

Nominal Index : Kendriya Vidyalaya Sangathan & Ors Vs Central Information Commission 2022 LiveLaw (JKL) 207 Sajad Ahmad Bhat Vs UT of J&K 2022 LiveLaw (JKL) 208 Divisional Manager JKSFC Bhaderwah Vs Mohammad Sharief 2022 LiveLaw (JKL) 209 Mehboob Ul Hussain Vs Jhasra Parvaiz 2022 LiveLaw (JKL) 210 Judgements /Orders Employee's Performance Is...

Kerala High Court Quashes KUFOS VC Dr Riji John's Appointment, Asks Chancellor To Form New Search Committee

The Kerala High Court on Monday quashed the appointment of the Vice-Chancellor of Kerala University of Fisheries and Ocean Studies (KUFOS), Dr. K. Riji John. The division bench consisting of Chief Justice S. Manikumar and Justice Shaji P. Chaly said that the constitution of the selection committee and its recommendation in John's case was illegal....we have no hesitation to hold that...

Witness Appearing For Complainant And Cross-Examined By Accused Cannot Be Called To Appear As Defence Witness: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court on Friday ruled that the witnesses examined by one party cannot be allowed to be examined on behalf of the opposite party at its instance under Section 540 J&K CrPC (akin to sec 311 of central CrPC). Justice M A Chowdhary observed, "The question to be decided by the learned trial Magistrate was as to whether the witnesses examined by...

Cancelling Passenger's Ticket Without Intimation Amounts To Deficiency In Service: Nagpur Consumer Forum Directs Railway To Pay 25K Compensation

The District Consumer Disputes Redressal Commission in Nagpur has awarded Rs. 25,000 compensation to a woman citing failure on part of the Railway authorities to inform her in advance about the cancellation of her journey ticket, on account of the reservation being made illegally by an outsider. The Commission presided over by Atul D. Alsi as President and comprising Chandrika K. Bais and...

Accused Need Not Be Under 'Formal Arrest' For Purpose Of Statement Given U/S 27 Evidence Act: Madhya Pradesh High Court

The Madhya Pradesh High Court recently observed that an accused need not be under formal arrest for the purpose of statement given under Section 27 of the Evidence Act. While deciding a criminal appeal, the division bench of Justices Sujoy Paul and P.C. Gupta noted that the two ingredients to validate a statement under Section 27 are- Person must be accused of any offencePerson must...

Madras High Court Weekly Round-Up: November 7 To November 13, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts. Citations: 2022 LiveLaw (Mad) 456 To 2022 LiveLaw (Mad) 460 NOMINAL INDEX Lilly Pushpam v The Additional Chief Secretary and others, 2022 LiveLaw (Mad) 456 N/s.Sayar Cars Versus The Appellate Deputy Commissioner (CT), 2022 LiveLaw (Mad) 457 Vinoth v Sub Divisional Magistrate...

'Not Simpliciter Case Of Rape, Parties Were Engaged': Uttarakhand High Court Grants Short Term Bail To Rape Accused To Marry Victim

The Uttarakhand High Court on Wednesday passed an order granting short term bail for a period of two weeks to a rape accused for the purposes of getting married to the victim. The single bench of Justice Ravindra Maithani noted that this was not a simpliciter case of rape but the parties were engaged and it was thereafter that the accused established physical relations with the...

Gujarat High Court Quashes POCSO Charges Against Surat Teachers, Says Conduct Against Child Harsh But 'Sexual Intent' Missing

The Gujarat High Court recently quashed the charges under POCSO Act in a case pending against teachers of a Surat school who are accused of repeatedly slapping a student, passing derogatory remarks and threatening to leak a video, which shows her "adjusting her skirt", to other students and parents.Quashing the criminal proceedings under Section 7, 8 and 11 of POCSO against the five...

Subsequent Consulting Agreements Prescribing Arbitration Do Not Bind Parties When MoU Forming Basis Of Claim Doesn't Contain Arbitration Clause: P&H High Court

Punjab and Haryana High Court recently held that where the claim of a party to an agreement is based upon a Memorandum of Understanding which does not contain an arbitration clause, the Court is not required to refer the matter merely because the subsequent Consulting Agreements executed by the parties contemplate arbitration. The bench comprising Justice Augustine George Masih and...

'Eviction Can't Be Stalled For Want Of Demarcation': Himachal Pradesh High Court Orders Removal Of Encroachments From Highways

Observing that the eviction of encroachers cannot be stalled for want for demarcation, the Himachal Pradesh High Court has directed the state Public Works Department to remove the encroachments on the highways in Shimla, Mandi and Hamirpur within a period of four weeks."The Deputy Commissioner(s) as also Superintendent(s) of Police of the concerned District(s) are directed to render all...