Dumka School Girl Killing Has 'Stirred Conscience Of Entire Country': Jharkhand HC Takes Suo Moto Cognizance, To Monitor Case

The Jharkhand High Court has taken suo moto cognizance of the Dumka girl death case wherein a school girl was reportedly killed after a man allegedly poured petrol on her from outside the window of her room while she was sleeping and set her ablaze.The Division Bench of Chief Justice Dr. Ravi Ranjan and Justice Sujit Narayan observed that the occurrence has stirred the conscience of not only...

S. 172(3) CrPC | Accused Has No Right To Access Case Diary: Orissa High Court

The Orissa High Court has ruled that an accused has no right to access 'case diary', as there is a strict bar under Section 172(3) of the Code of Criminal Procedure ('Cr.P.C.'). A Single Judge Bench of Justice Sashikanta Mishra observed, "The matter therefore needs to be viewed with all seriousness by all concerned, not only by the concerned courts but also the office of the...

Appeal Against Conviction By Sessions Court Would Lie Before Division Bench Of HC If Sentence Running Consecutively Exceeds 10 Yrs: J&K&L High Court

The Jammu and Kashmir High Court has made it clear an appeal against conviction by Sessions Court would lie before a Division Bench of the High Court, where the sentence of imprisonment awarded exceeds 10 years. However, the appeal would be heard and decided by a Single Judge, if the sentence is less than 10 years. Justice Ali Mohammad Magrey & Mohd. Akram Chowdhary further made it...

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...