Murder Accused Summoned U/S 319 CrPC In 'Cursory Manner' Based On Prosecution Witnesses' Statements: Allahabad HC Grants Bail

The Allahabad High Court last week granted bail to a murder accused who was summoned in a 'cursory manner' under section 319 of CrPC by the trial court based on the statements of the prosecution witnesses. The bench of Justice Shamim Ahmed noted that the applicant was not even named in the F.I.R. and she was summoned under Section 319 Cr.P.C. on the premise of statements of witnesses in the...

Child Beggary: High Court Seeks Detailed Status Report From Centre, Delhi Govt On Steps Taken For Rehabilitation Of Affected Children

The Delhi High Court on Tuesday sought a detailed status report from the Centre, Delhi Government as well as the Delhi Commission for Protection of Child Rights (DCPCR) on the steps taken for the purpose of rehabilitation of children who are affected by child beggary in the city.A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad directed that...

Bhima Koregaon: Special Court Rejects Arun Ferreira's Plea For Copy Orders Authorising Email Interception By NIA

A special NIA has rejected the application filed by lawyer Arun Ferreira, an accused in the Bhima Koregaon-Elgar Parishad case, alleging that NIA illegally intercepted emails exchanged between him and co-accused Rona Wilson and used it as evidence. Ferreira had sought a copy of the order permitting the agency to intercept their emails.The court however allowed accused lawyer Surendra...

S.3(1)(p) SC/ST Act Can't Be Used As A Tool For 'Arm Twisting' After Accepting Pensionary Benefits: Karnataka High Court

The Karnataka High Court has held that the disciplinary proceedings instituted against a bank employee, who happens to be a member of the Scheduled Caste community and is accused of committing irregularities, cannot be challenged under Section 3(1)(p) of the SC/ST Act, after such employee has accepted the penalty and has received the pension. Section 3(1)(p) directs that a false, malicious...

Provident Fund & Other Pecuniary Benefits Received By Legal Heirs Of Deceased Have No Co-Relation With Motor Accident Claim: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has ruled that Provident Fund, Pension, Insurance, bank balance, shares, fixed deposits, etc., are all pecuniary advantages receivable by heirs on account of one's death but all these have no correlation with the amount receivable as compensation under the Motor Vehicles Act, a statute occasioned only on account of accidental death. A...

Revisional Power Can't Be Invoked With Unclean Hands: Gujarat HC Upholds Rejection Of Caste Abuse Complaint In Counterblast To Electricity Theft Case

The Gujarat High Court has affirmed the decision of the Sessions Court rejecting the complaint under the SC/ST (Prevention of Atrocities) Act on the ground that the Petitioner had not approached the court with 'clean hands' and was accused of theft of electricity. Justice Samir Dave opined: "It is settled law that the revisional powers of the High Court can only be exercised to prevent...

Sanction U/S 197 CrPC Required Even If Police Officials Exceed Their Authority In Discharge Of Official Duty: Allahabad High Court

The Allahabad High Court has observed that even if the police officials exceed, to some extent, their authority in the discharge of their official/public duty, then also sanction would be required under section 197 CrPC for their prosecution.Section 197 Cr.P.C. deals with the prosecution of Judges and Public Servants wherein sanction of the Government is stipulated for taking cognizance of...

Bombay High Court Weekly Round-Up: 15 August To 20 August, 2022

Nominal Index [Citations 290-303]Chirag R. Mehta v. The State Of Karnataka 2022 LiveLaw (Bom) 290 Prathamesh v. Union of India and Anr. 2022 LiveLaw (Bom) 291 Raju Jokhanprasad Gupta v. State of Maharashtra 2022 LiveLaw (Bom) 292 S. J. Enterprises & Anr. v. Union of India 2022 LiveLaw (Bom) 293 Vishwajit Sud & Co. v. L & T Stec JV, Mumbai 2022 LiveLaw...

[NEET] Intake Cannot Be Beyond Sanctioned Limit Or Time Schedule For Completing Admissions: Madras High Court

In context of admissions to MBBS courses, the Madras High Court has reiterated that admission to the courses had to be commensurate with the annual intake capacity of the institution. The court also highlighted that the admissions cannot be made beyond the time limit fixed by the Apex Court for completing admissions. "…It is clear that neither intake of students can be allowed beyond...

Terror Funding Case: Delhi High Court Dismisses Zahoor Watali's Appeal Against Denial Of Bail On Ground Of Covid-19

The Delhi High Court on Tuesday dismissed the appeal filed by Kashmiri businessman Zahoor Ahmad Shah Watali challenging the Trial Court order denying him bail last year on the ground of COVID-19, in connection with a terror funding case.Watali had challenged the order passed by Trial Court dated 15th May 2021 wherein it was concluded that there was no question of granting bail to him only on...

Vizhinjam Protests Not Violent: Kerala High Court Stays Collector's Order For Closure Of Liquor Shops

The Kerala High Court on Monday stayed the operation of an order issued by the Thiruvananthapuram district collector on August 20, directing closure of liquor shops in Vizhinjam for two days, taking into account the possibility of conflict in the context of the protests in the area.The stay is to operate till August 24, the next date of hearing.The impugned order under Section 54 of the...

Change Of Counsel Is No Ground To Recall Witness U/S 311 CrPC: Punjab & Haryana High Court

Punjab and Haryana High Court recently held that the change of counsel is no ground for recall of witness under Section 311 CrPC. The bench comprising Justice Jasjit Singh Bedi placed reliance on Supreme Court's judgement in Randhir Singh v. State of Haryana and held that the Court has vast powers that can be invoked to secure the ends of justice including summoning and examining...