News Updates
Offences Alleged Under Damage To Public Property Act Over Agitation Against Drainage Issues Not Act Of "Organized Crime Syndicate": Gujarat HC
The Gujarat High Court has held that the Applicant-Accused's participation in an agitation against the Municipality for certain drainage issues and the alleged offence committed by him u/s 3 of the Damage to Public Property Act, cannot be deemed to be an act of organised crime syndicate. While granting bail to the Accused, Justice Nirzar Desai relied extensively on the Mohamad ILIYAS...
Where Commissioner Of Police System Exists, District Magistrate Is Not "District Authority" Under Petroleum Rules, 2022: Madhya Pradesh High Court
The Madhya Pradesh High Court, Indore Bench recently held that only the Commissioner of Police and not the District Magistrate would be empowered to revoke the No Objection Certificate (NOC) given to a petrol pump under Rule 150 of the Petroleum Rules, 2002, where the Commissioner of Police system is in existence. Interpreting the term "District Authority" as mentioned under Rule 2(x)...
Special Court Empowered To Try General IPC Offences Arising Out Of Case Probed By NIA: Karnataka High Court
The Karnataka High Court has held that the Special NIA Court is empowered to conduct trial for general offences punishable under Indian Penal Code if the FIR emanates from the very same transaction being probed by the NIA. A single judge bench of Justice M. Nagaprasanna dismissed the petition filed by Sayyed Sohel Torvi an accused in the Bengaluru riots case of 2020, questioning the...
Bombay High Court Weekly Round Up: September 5 To September 10, 2022
Nominal Index [Citations 317 - 323] Uttam Energy Ltd. v. M/s. Shivratna Udyog Ltd. 2022 LiveLaw (Bom) 317 Ku. Priyanka v. District Caste Certificate Scrutiny Committee, Chandrapur 2022 LiveLaw (Bom) 318 Ingram Micro India Pvt. Ltd. v. Mohit Raghuram Hegde 2022 LiveLaw (Bom) 319 Sharad Darade v. State of Maharashtra with 8 connected matters 2022 LiveLaw (Bom) 320 Somnath...
Slight Penetration Without Any Visible Injury Enough To Constitute Rape & Aggravated Penetrative Sexual Assault Under IPC & POCSO Act: Sikkim HC
The Sikkim High Court recently held that a slight penetration without any visible injury is enough to constitute offence of rape and aggravated penetrative sexual assault under Sections 376 AB of the IPC as well as Section 5 of the POCSO Act. A Division Bench of Justices Bhaskar Raj Pradhan and Meenakshi Madan Rai noted, "Penetration to any extent is sufficient to constitute rape under IPC...
Covid-19: Delhi High Court Refuses To Dispense With Rapid Antigen Test For Medicos Doing Breath Analyser Tests On Aviation Personnel
The Delhi High Court has observed that the conduct of Breath Analyser Tests (BAT) for staff of Air Traffic Controllers, commercial pilots, cabin crew and other staff members shall continue depending upon the guidelines issued by the Director General of Civil Aviation in light of the status of COVID-19 pandemic.Justice Pratibha M Singh was considering a clutch of petitions relating to the...
Disproportionate Assets Case: Delhi High Court Stays Lokpal Proceedings Initiated Against Jharkhand Mukti Morcha Chief Shibu Soren
The Delhi High Court on Monday stayed the proceedings initiated by Lokpal of India under the provisions of the Lokpal & Lokayuktas Act, 2013 against Jharkhand Mukti Morcha (JMM) Chief and Rajya Sabha MP Shibu Soren in connection with a disproportionate assets case. Justice Yashwant Varma passed the order on Soren's plea challenging the validity of the said proceedings, claiming that the...
Karnataka High Court Refuses To Quash FIR Against Doctor Accused Of Forcefully Performing Sex Change Operation On Minor
The Karnataka High Court has refused to quash the FIR and chargesheet filed against a doctor under POCSO Act for allegedly conducting a forcible sex change operation on a minor boy, after kidnapping him. A single judge bench of Justice Suraj Govindaraj dismissed the petition filed by Dr. Anitha Patil seeking to quash the FIR registered against her in February 2018 and the chargesheet...
Order XVI Rule 1 CPC Confers Wider Jurisdiction To Cater A Situation Where Party Failed To Name A Witness: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court ruled that Sub-rule (3) of Rule 1 of Order XVI CPC confers a wider jurisdiction on the Court to cater to a situation where the party has failed to name the witness in the list or the party is unable to produce him or her on his own under Rule 1A and in such a situation, the party out of necessity may seek the assistance of the Court under sub-rule...
Madhya Pradesh High Court Directs Murder Accused To Install Water Harvesting System At His Residence As Condition For Bail
The Madhya Pradesh High Court, Gwalior Bench recently allowed the bail application of a murder accused with one of the conditions being that he installs water recharge/ harvesting system at his residence. The bench comprising Justice Anand Pathak expects that such direction would create an atmosphere of awareness among the public about water conservation- This direction is being...
Assistant Prof Appointment | Teaching Experience & Research Aptitude Relevant Only For Shortlisting Candidates; Selection To Be Based On Interview: Kerala HC
The Kerala High Court recently set aside an order issued by the Mahatma Gandhi University in October 2021 for appointment of assistant professors, insofar as it relates to teaching and research aptitude as interview selection criteria.A division bench consisting of Justice P.S Suresh Kumar and Justice C.S. Sudha observed that the University Order is contrary to UGC Regulations on...
Manual Scavenging: Delhi High Court Takes Suo Motu Cognizance Of Reports About Two Deaths Due To Inhalation Of Toxic Sewer Fumes
The Delhi High Court on Monday took suo motu cognizance of a news report stating that two men had died last week in city's Mundka area after they inhaled toxic gases inside a sewer. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notice to the Municipal Corporation of Delhi (MCD), Chief Secretary of the Delhi Government and Delhi Jal...