News Updates
Rail Roko Protest | "Citizens Have Right To Protest Against Govt Policies/ Inaction In A Democracy W/O Committing An Offence": Allahabad HC Modifies Ex-MP's Sentence
Stressing that in democracy under our Constitution, people have the right to protest against Government policies/action/inaction, provided the protest does not lead to the commission of an offence by the protesters, the Allahabad High Court today modified the sentence awarded to Ex-MP Annu Tandon and others in connection with a 'Rail Roko Protest' Case.The bench of Justice Dinesh Kumar...
Trials Ought To Be Heard Based On Date Of Incarceration To Avoid Long Detention Of Under-Trial Prisoners: Kerala High Court
The Kerala High Court recently, while acquitting a murder convict and reversing the order of the trial court, highlighted the need for a speedy trial and proper assistance to prisoners for filing appeals to avoid the long periods of incarceration.Division Bench consisting of Justice K. Vinod Chandran and Justice C Jayachandran, pointing out the distressing aspect of the continued incarceration...
TN Bar Council Suspends Practice Of Six Lawyers For Various Offences
The Bar Council of Tamilnadu and Puducherry recently suspended the practice of six lawyers considering their involvement in various offences.The notification dated 1st September 2022 issued a prohibitory order against the advocates from practicing in any court, tribunals, or any other authorities. The resolution has also been communicated to the Registry of the Supreme Court and all High...
NDPS Act | Standard Of "Conscious Possession" Different In Case Of A Public Transport As Opposed To Private Vehicle: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that the expression "possession" used in the provisions contained in Section 20 and 22 of the NDPS Act clearly specify that the standard of conscious possession would be different in case of public transport as opposed to a private vehicle with few persons known to one another. The bench comprising Justice Sanjay Dhar...
"It Has Become A Fashion To Make Such Comments": Madras HC Grants Conditional Bail To Stunt Master Kanal Kannan
The Madras High Court on Thursday granted conditional bail to Hindu Munnani office bearer and stunt master Kanal Kannan for his remarks seeking to demolish the statur of Periyar outside Srirangam temple. Justice GK Ilanthiraiyan granted him bail on condition that he shall file an affidavit before the Egmore Court guaranteeing that he will not make any such statements in the future. He has...
S.311 CrPC | No Party In A Trial Can Be Foreclosed From Correcting Errors, Benefit Of Lacunae In Prosecution Case Must Go To Accused: Tripura HC
The Tripura High Court recently observed that the Court can allow an application filed by accused under Section 311 CrPC and exercise its power of re-summoning any witness, in order to meet the ends of justice.Justice Amarnath Goud observed:"Lacuna in prosecution must be understood as the inherent weakness or a latent wedge in the matrix of the prosecution case. The advantage of it...
Representation Of Peoples Act | S.127A Prescribes Non-Cognizable Offence, Magistrate's Permission Mandatory For Police Investigation: Karnataka HC
The Karnataka High Court has said that offence under Section 127-A of the Representation of People Act (Restrictions on the printing of pamphlets, posters, etc) is a non-cognizable offence and hence, permission for police investigation must be granted by Magistrate in terms of Section 155 of CrPC. A single judge bench of Justice S. Sunil Dutt Yadav allowed the petition filed...
Tax Cases Monthly Round-Up: August 2022
Indirect TaxSupreme Court Advise States To Implement Digital DIN System : Supreme Court To Centre & GST Council Pradeep Goyal vs Union of India Citation: 2022 LiveLaw (SC) 654 The Supreme Court has directed the GST Council to issue advisory / instructions / recommendations to the respective States regarding implementation of the system of electronic (digital) generation...
High Court Stays Demolition Action Citing Ganesh Chaturthi Celebrations In Mumbai
The Bombay High Court has granted interim protection to slum dwellers against demolition orders issued by the Slum Rehabilitation Authority, citing ongoing Ganesh Chaturthi celebrations in Mumbai.Justice Sandeep K. Shinde granted relief to petitioners who were challenging legality of orders and notices for demolition of their huts. The Slum Rehabilitation Authority had issued...
Kerala High Court Directs To Grant Police Protection To Adani Ports For Completion Of Vizhinjam Project
The Kerala High Court on Thursday allowed the petition for police protection to the employees and workmen of M/S Adani Vizhinjam Port Pvt Ltd., and its contracting company, Howe Engineering Construction, and also for free ingress and egress to the construction site. Justice Anu Sivaraman while allowing the petition, observed that there is "no doubt in my mind that the right to agitate or...
IBC Cases Monthly Round Up: August 2022
Supreme Court Entries In Book Of Accounts/Balance Sheet Of Corporate Debtor Can Be Treated As Acknowledgment Of Liability Of Debt Payable To Financial Creditor: SupremeCourt Case Title: Asset Reconstruction Company (India) Limited v Tulip Star Hotels Limited Case No.: 2022 LiveLaw (SC) 648, CA 84-85 OF 2020 The Supreme Court Bench comprising of Justice Indira Banerjee...
Twitter Habitually Non-Compliant, Can't Decide What Content Will Threaten National Security: Centre Opposes Plea Against Blocking Orders
The Central government has opposed the petition filed by US-based microblogging platform Twitter questioning several 'take down' orders issued by the Ministry of Electronic & IT, to pull down content including accounts regarding farmers' protest, alleged mismanagement of Covid-19.In its statement of objections filed before the Karnataka High Court, Centre said that it is not for...