News Updates
Impounding Of Instrument Sine Qua Non For Imposing Duty Under Bombay Stamp Act: Gujarat High Court
The Gujarat High Court has clarified that only after an instrument is lawfully impounded that the jurisdiction would vest in Stamp authorities to proceed under Section 33 and 39 of the Bombay Stamp Act for the purpose of charging document and assessing the same for stamp duty. Justice AS Supehia, while relying on Tata Tele Services Limited Vs State of Gujarat, reiterated:"Impounding of...
J&K&L High Court Weekly Round Up: August 15- August 21, 2022
Nominal Index [Citations 99 - 109]:Mashooq Ahmad Beigh Vs UT of J&K 2022 LiveLaw (JKL) 99 Raaisha Vs Syed Sudhanshu Pandey 2022 LiveLaw (JKL) 100 State of J&K Vs Mushtaq Ahmad Naik & Ors. 2022LiveLaw (JKL) 101 Arshad Hussain Vs General Officer Commanding 56 APO 2022 LiveLaw (JKL) 102 Adnan Hassan Khan & Ors Vs Irshad Ahmad...
Misleading Ads About "Weight Loss" Programmes An Act Of Unfair Trade Practice: Chandigarh State Consumer Commission
Chandigarh State Consumer Disputes Redressal Commission has held that misleading advertisements about weight loss programmes is an act of unfair trade practice. While dismissing VLCC's appeal against District Commission's order to refund entire program fee to the complainant along with costs for mental agony, the State Commission observed, "The act of the appellants of giving...
'Allegations Of General Nature': Gujarat HC Quashes FIR Against Husband's Distant Relative Accused Of Taunting Complainant For Not Bringing Dowry
The Gujarat High Court recently quashed proceedings for the offence of dowry harassment against a distant relative of the complainant's husband, observing that no specific incidents were alleged in the entire FIR and the allegation against him was purely "general in nature"."Considering the fact that the applicant happens to be the distant relative of the husband of the complainant, it...
S.437(6) CrPC | Bail May Be Granted If Case Triable By Magistrate Not Concluded In 60 Days From Commencement Of Prosecution Evidence: P&H High Court
Punjab and Haryana High Court has reiterated that in terms of Section 437(6) of CrPC, bail ought to be granted where the trial in a case triable by Magistrate is not concluded within a period of 60 days after the first date fixed for the prosecution evidence.The observation was made by Justice Jasjit Singh Bedi while dealing with a petition under Section 439 CrPC for the grant of regular bail...
Juvenile Justice | Only JJB And Not Trial Court Has Power To Determine Juvenility U/S 94: Madhya Pradesh High Court
The Madhya Pradesh High Court, Indore Bench recently held that the trial court does not have the power under Section 94 of Juvenile Justice (Care and Protection) Act, 2015 to determine the age as contested by the accused and that the same can be exercised only by the Juvenile Justice Board. Setting aside the order passed by the lower court whereby it had rejected the application moved...
Gujarat High Court Refuses Custody Of 2-Yr-Old To Mother Citing Voluntary Desertion, Child's Attachment To Father, Her Busy Work Schedule
The Gujarat High Court has recently declined custody of a minor son to his mother on the ground that her work schedule did not permit her to take care of the child as compared to the work schedule of the father. Further, Justice Umesh Trivedi, while applying the principle of paramount interest of child, opined that the Appellant-mother had a step-mother and it was doubtful whether she...
Kerala High Court Weekly Round-Up: August 15 To August 21, 2022
Nominal Index [Citation 2022 LiveLaw (Ker) 432-446] K.J. Varghese v. State of Kerala & Ors. 2022 LiveLaw (Ker) 432xxxxxxx v. xxxxxxxxxx 2022 LiveLaw(Ker) 433Basil George v. Shaji Salim & Ors. 2022 LiveLaw (Ker) 434 Gaurav Tewari v. Union of India 2022 LiveLaw (Ker) 435Abhilash Kumar R. & Ors. v. Kerala Books and Publication Society & Ors. 2022 LiveLaw (Ker) 436Salikuttan N....
Delhi Riots: Court Questions "Incongruous Investigation" Where Injured Complainant Was Himself Made An Accused
A Delhi Court has questioned the investigation in a 2020 riots case where a man namely Sajid, who was a complainant in the matter, was himself arrayed as an accused after investigation. Sajid had alleged that he suffered a gunshot injury on February 25, 2020. "…curiously, Sajid during investigation was made an accused. One of the primary reasons was that since he had suffered a gunshot...
Sunday Hearing: Madras High Court Grants Interim Bail To Accused For Observing Rituals Following Father's Demise
The Madras High Court conducted a special sitting on Sunday after an urgent petition was filed seeking bail for an incarcerated accused on the ground that his father had died and he, being an only son was to perform the last rites. The counsel for the petitioner had moved before the Chief Justice to hear the matter urgently. Accordingly, the matter was heard today by a bench of Justice...
Uttarakhand High Court Continues Stay On Tree Felling In Sahastradhara
The Uttarakhand High Court has extended the stay on the proposal to cut thousands of trees to widen the road connecting an important tourist destination in Uttarakhand, Sahastradhara. A Division Bench of Chief Justice Vipin Sanghi and Justice Ramesh Chandra Khulbe had, on 4th August, put a stay on the above plan, after the matter was remanded back to the High Court from the...
Allahabad High Court Dismisses Plea Against Proposed Removal Of Saidabad Shahi Masjid For Widening Of State Highway
The Allahabad High Court recently dismissed a writ plea moved against the proposed removal of the Shahi Masjid located at G.T. Road, Saidabad (purportedly more than 100 years old) for the purposes of a state highway widening project.The bench of Justice Sunita Agarwal and Justice Sadhna Rani (Thakur) refused to entertain the plea moved Intezamia Committee Shahi Masjid by taking into account...