Infraction Of Law Not Done In Systematic Manner May Not Be Sufficient For Preventive Detention: Gujarat High Court

The Gujarat High Court has held that commission of infraction of law, not done in an organized or systematic manner, may not be sufficient for the detaining authority to justifiably come to the conclusion that there is no alternate but to preventively detain an accused.The Bench comprising Justices SH Vora and Rajendra Sareen held:"No doubt, neither the possibility of launching of...

[Murder] Unnatural That Complainant Did Nothing To Save Deceased From Accused, Appears To Be False Case Due To Enmity: Gujarat HC Upholds Acquittal

The Gujarat High Court has upheld an order acquitting four persons accused in a Murder case on the ground that there are several material contradictions in the versions presented by the main witnesses and the weapon recovered did not have blood stains to establish the commission of the offence.A bench of Justices SH Vora and Rajendra Sareen further noted that all witnesses were related to...

Mere Possession Of Tehbazari Right Does Not Entitle Occupant To Usurp Govt Land, Raise 'Pucca' Construction: Delhi High Court

The Delhi High Court has observed that mere possession of a Tehbazari right does not entitle the occupant to usurp the Government land or to raise 'pucca' construction over it.Justice Gaurang Kanth was dealing with a plea filed by one Ved Prakash Manchanda seeking directions on the authorities to regularise his long and continuous occupation in his favour in respect of premises of a property...

Kerala High Court Weekly Round-Up: August 22 - August 28, 2022

Nominal Index [Citation 2022 LiveLaw (Ker) 447-457]Sri Sivabalan Transports & Ors v. Hindustan Petroleum Corporation Ltd & Ors. 2022 LiveLaw (Ker) 447Mohammed Kasim H.K. v. Union Territory of Lakshadweep & Anr. 2022 LiveLaw (Ker) 448Sooraj V. Kumar v. State of Kerala 2022 LiveLaw(Ker) 449Vidya Gopan & Anr v. High Court of Kerala & Ors. 2022 LiveLaw (Ker) 450Anuvarudeen...

S.227 CrPC | Judge Cannot Act As Mouthpiece Of Prosecution While Deciding Discharge Application, Must Consider Broad Probabilities Of Case: Delhi HC

The Delhi High Court has observed that a judge, in exercise of jurisdiction under Section 227 of CrPC, cannot merely act as the post office or a mouthpiece of the prosecution but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before it.Justice Purushaindra Kumar Kaurav added that the Judge should not make a roving inquiry into...

Madras High Court Weekly Round-Up: August 22 To August 28, 2022

A weekly round-up of important cases from Madras High Court. Citations: 2022 LiveLaw (Mad) 361 To 2022 LiveLaw (Mad) 373 NOMINAL INDEX Sathish v. State, 2022 LiveLaw (Mad) 361 M/s. United Nilgiri Tea Estates Company Ltd. Versus The Tamil Nadu Sales Tax Appellate Tribunal, 2022 LiveLaw (Mad) 362 Praveen Rajesh v. Commissioner of Police and others, 2022 LiveLaw (Mad)...

S.32A Drugs & Cosmetics Act | Impleadment Of Manufacturer Can Be Done Only After Trial Has Commenced & Evidence Is Led: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court recently held that under the section 32-A of Drugs and Cosmetics Act 1940 it is only after trial has commenced and the evidence has been led, power to implead manufacturer or any other person who appears to be involved in the offence can be exercised and prior to that, no such power can be exercised. A bench comprising Justice Sanjay Dhar...

Karnataka High Court Weekly Round-Up: August 22 To August 28, 2022

Nominal Index B T Raju And State of Karnataka. 2022 LiveLaw (Kar) 328 HIGH COURT OF KARNATAKA v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 329 K.P.N. SHENOY & others v STATE OF KARNATAKA. 2022 LiveLaw (Kar) 330 CHANDRASHEKAR R v. THE STATE OF KARNATAKA. 2022 LiveLaw (Kar) 331 MS. H. GAYATHRI v UNION OF INDIA & Others. 2022 LiveLaw (Kar) 332 NIHARIKA D RAO v....

Plaintiff Cannot Value Suit Differently For Purpose Of Jurisdiction & For Payment Of Court Fees: Delhi High Court

The Delhi High Court has observed that a plaintiff cannot adopt a dual policy of valuing the suit at a certain value for the purpose of jurisdiction and payment of court fees. Justice Neena Bansal Krishna further added that though it is in the discretion of the plaintiff to value his suit as per his bona fide belief and discretion, but once the suit has been valued in terms of sec. 8 of the...

Welfare State Expected To Create Conducive Conditions For Disabled Citizens, Provide Avenues For Public Employment: Delhi High Court

The Delhi High Court has observed that a welfare State is expected to create conditions which are conducive to citizens with disabilities by providing them avenues for public employment.A division bench comprising of Justices Sanjeev Sachdeva and Tushar Rao Gedela was of the view that under the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act,...

J&K&L High Court Weekly Round Up: August 22 To August 28, 2022

Nominal Index: Ghulam Mohd Mir Vs Tej Krishan Ganjoo & Ors 2022 LiveLaw (JKL) 110 Mohammad Shafi Wani Vs Noor Mohammad Khan 2022 LiveLaw (JKL) 111 Showkat Ahmad Bhat & others Vs Khazir Mohammad Bhat & others 2022 LiveLaw (JKL) 112 Faheem Sultan Gojree V/s UT of J&K and another 2022 LiveLaw (JKL) 113 Sakib Ahmad Sheroo Vs UT of J&K & Ors 2022...

Allahabad High Court Weekly Round Up: August 22 To August 28, 2022

NOMINAL INDEX Manjeet Tanwar @ Manjeet Tankar v. State Of U.P. And 2 Others 2022 LiveLaw (AB) 385 Ajeet Shukla And Ors. v. The State Of U.P. Thru. Prin. Secy.Home Civil Sectt.And Ors 2022 LiveLaw (AB) 386 Puspha Devi W/O Sri Jai Karan Singh v. State Of U.P. Thru. Prin. Secy. Homr Lko 2022 LiveLaw (AB) 387 Alam @ Mohammad Alam v. State Of U.P. and another 2022 LiveLaw...