News Updates
S.42 NDPS Act Not Applicable To Vehicle "In Transit", Not Mandatory To Obtain Warrant Even If Search Conducted After Sunset: P&H High Court
The Punjab & Haryana High Court has highlighted that Section 42 of the NDPS Act which deals with Power of entry, search, seizure and arrest without warrant or authorization relates only to search of a building, conveyance or enclosed place and includes 'parked vehicles'.However, Section 43 of the Act which provides Power of seizure and arrest in public place, relates to vehicles...
Vizhinjam Protests: High Court Directs Kerala Police To Ensure Law & Order At Adani Port's Construction Site
The Kerala High Court on Friday directed the State Police to ensure that the law and order situation is maintained at the Vizhinjam International Seaport construction site.The direction was made while adjourning till Monday the petitions filed by M/S Adani Vizhinjam Port Pvt Ltd and its contracting company Howe Engineering Projects, seeking protection for their employees and property from...
S.482 CrPC | Mere Production Of CDR To Show Absence Of Accused At Time Of Alleged Offence Cannot Lead To Closure Of Proceedings: Karnataka HC
The Karnataka High Court has observed that mere production of call record details by the accused to show that he was not present at the time of occurrence of alleged incident, would not lead to closure of criminal proceedings by exercising powers under Section 482 of CrPC. A single judge bench of Justice M Nagaprasanna while dismissing the petition filed by Manish Kumar Singh @...
High Court Issues Notices On Plea Challenging Vires Of 'Madhya Pradesh Recovery Of Damage To Public & Private Property Act'
The Madhya Pradesh High Court, Indore Bench recently issued notice to the State in a petition challenging the vires of the MP Prevention and Recovery of Damage to Public and Private Property Act, 2021.The petition was heard by the bench comprising Justices Vivek Rusia and AN Kesharwani . The case made out by the Petitioner is that they've fallen victim to the arbitrary actions...
WhatsApp's New Privacy Policy Shares Sensitive Data With Facebook, Forces Users Into Agreement By Providing Mirage Of Choice: Delhi HC
"The 2021 Policy places its users in a "take-it-or-leave-it" situation, virtually forcing its users into agreement by providing a mirage of choice, and then sharing their sensitive data with Facebook Companies envisaged in the policy," the Delhi High Court has observed while upholding the proposed investigation of Competition Commission of India (CCI) into WhatsApp's privacy policy.A...
Asia Cup 2022: Delhi High Court Grants Interim Relief To Star India, Restrains Rogue Websites From Streaming Event
The Delhi High Court has restrained various rogue websites from streaming and broadcasting cricket matches or events in relation to the Asia Cup 2022, scheduled to commence from 27th August, 2022 till 11th September, 2022. Justice Pratibha M Singh was dealing with a suit filed by Star India Pvt. Ltd and Novi Digital Entertainment Pvt. Ltd. seeking an injunction to restrain the illegal...
AIADMK Leadership: Madras High Court Reserves Orders On Palaniswami's Appeal Against Order Restoring Status Quo Ante
After a lengthy hearing that went on for the whole day, the Madras High Court on Thursday reserved orders on the appeal preferred by Edappadi Palaniswamy against a single judge order restoring status quo ante in the party as on 23rd June 2022. The bench of Justice M Duraiswamy and Justice Sunder Mohan further directed the counsels to file their written submissions by 3 pm on...
NCLT Hyderabad Bench Re-Constituted, Matters To Be Heard Through Video Conferencing
NCLT Hyderabad Bench Re-Constituted, Matters To Be Heard Through Video Conferencing The National Company Law Tribunal, Hyderabad Bench, has been re-constituted vide a Circular dated 24.08.2022, issued by NCLT as per Section 419(3) of the Companies Act, 2013. The new NCLT Hyderabad Bench shall comprise of: NCLT Hyderabad, Court Room No. 2 (Second Half) Dr....
NCLT New Delhi Bench Re-Constituted, Matters To Be Heard Through Video Conferencing
The National Company Law Tribunal, New Delhi Bench, has been re-constituted vide a Circular dated 24.08.2022, issued by NCLT as per Section 419(3) of the Companies Act, 2013. The new NCLT New Delhi Bench shall comprise of: NCLT New Delhi, Court Room No. 3 (Second Half) Shri Bachu Venkat Balaram Das (Judicial Member)Dr. Binod Kumar Sinha (Technical Member) NCLT New Delhi,...
Failed Relationship Not Ground To Lodge FIR For Repeated Rape U/S 376(2)(n) IPC: Andhra Pradesh High Court
The Andhra Pradesh High Court in a recent case reiterated the law laid down by the Supreme Court in Ansaar Mohammad v. State of Rajasthan (2022 Live Law (SC) 599) that if the complainant willingly stayed in a relationship, then the relationship eventually not working out cannot be a ground for lodging an FIR for the offence under Section 376(2)(n) of IPC. Brief Facts of the...
Changing Label Of Offence From S.495 IPC To S.420 Does Not Overcome Bar On Cognizance For Offence Against Marriage U/S 198 CrPC: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Wednesday ruled that merely by changing the label of the offence by making it one under Section 420 IPC instead of Section 495 IPC, cannot avoid the legal bar on cognizance by courts under Section 198 of CrPC. As per Section 198 CrPC, a Court cannot take cognizance of an offences falling under Section 493 to 496 of RPC except upon the...
Madras HC Voices Concern Over Rise In Sexual Exploitation Of Children, Says Recalcitrant Attitude Of Public Must Change, Calls For Social Movement
While confirming the life imprisonment of a man convicted for sexually abusing five children, the Madras High Court emphasized that the mere absence of physical injury does not rule out the sexual acts. The doctors concluding that no injuries were found in the private parts of the children and no sign of sexual assault could be observed does not rule out the "dirty stuff" the...