News Updates
Proceedings U/S 240 CrPC Culminate In An Order "Framing Charge" Only After Plea Of Accused Is Taken: Kerala High Court
The Kerala High Court recently held that proceedings under Section 240 of the Criminal Procedure Code (CrPC) culminate in an order framing charge only after the plea of the accused is taken as per sub-section (2) of Section 240 of the Code. While holding so, Justice K. Babu went on to observe that, "If Section 240 Cr.PC is interpreted in such a manner that even before taking the plea of...
NDPS Act | Violation Of Mandatory Provisions For Seizure Need Not Be Looked Into In Bail Proceedings Unless Glaring Irregularity Emerges: Delhi HC
The Delhi High Court has observed that the effect of non-compliance of any mandatory provision under the Narcotic Drugs and Psychotropic Substances Act, 1985 by the Investigating Officer or any irregularity or illegality committed at the time of making of the seizure memo is essentially a matter of trial and cannot be looked into at the stage of bail, unless there is any glaring...
Plaint Avers Hindu Deities Were Worshipped Inside Gyanvapi Mosque Complex Even After Aug 15, 1947; Places Of Worship Act No Bar To Suit: Varanasi Court
The Varanasi Court today dismissed the Anjuman Islamia Masjid committee's plea (filed under Order 7 Rule 11 CPC) challenging the maintainability of the suit filed by five Hindu women (plaintiffs) seeking worshipping rights in the Gyanvapi Mosque compound.District Judge Ajay Krishna Vishwesha observed that the suit of the plaintiffs is not barred by the Places of Worship (Special Provisions)...
Justice Surya Kant Inaugurates Gauhati High Court Museum
In an initiative to preserve and exhibit historical judicial documents and artefacts, the Gauhati High Court's Museum was inaugurated on Saturday on the occasion of Diamond Jubilee Celebration of Bar Council of Assam, Arunachal, Nagaland and Mizoram. The event witnessed the attendance of Justice Surya Kant, Justice Hrishikesh Roy and Justice Sudhanshu Dhulia, Judges, Supreme Court of India...
"Sorry State Of Affairs": High Court Expresses Displeasure Over Delhi Govt's Failure To Provide Assistance To Two Children Under PwD Act
The Delhi High Court has expressed displeasure over failure of the Delhi Government in providing support and assistance to two children under the Rights of Persons with Disabilities Act, 2016, despite the lapse of more than two and half years.Justice Gaurang Kanth noted that even after two and a half years of giving assurance to the Court, the Delhi Government miserably failed to carry out...
Substitution Of Arbitrator Based On Allegation Of Collusion Can't Be Done Under Section 11 of A& C Act: Telangana High Court
The Telangana High Court has ruled that in an application filed under Section 11 of the Arbitration and Conciliation Act, 1996 (A&C Act), the Court cannot, on the ground of collusion, refuse to appoint the arbitrator as specified in the arbitration clause and appoint a substitute arbitrator. The Single Bench of Justice K. Lakshman held that the allegations regarding any...
Parties Can Deviate From Terms Of Jurisdiction Under The Arbitration Clause Only Once: Madras High Court
The Madras High Court has ruled that the parties have got the liberty to deviate from the terms with respect to the jurisdiction, as contained in the Arbitration Clause; however, the number of such deviations is limited to only one. The Single Bench of Justice R.N. Manjula held that waiver of the jurisdiction clause contained in the arbitration agreement can be presumed from the...
IBC Cases Weekly Round-Up: 5 September To 11 September, 2022
Supreme Court CIRP Can Be Initiated Against Corporate Guarantor Without Proceeding Against Principal Borrower: Supreme Court Case Title: K Paramasivam vs Karur Vysya Bank Ltd Case No.: 2022 LiveLaw (SC) 742, CA 9286 OF 2019 The Supreme Court Bench comprising of Justice Indira Banerjee and Justice JK Maheshwari, has held that Corporate Insolvency Resolution Process (CIRP) can...
"Nation Is Still Bleeding": Delhi HC Asks Disciplinary Authority To Pass Punishment Order Against Cop Charged With Misconduct During 1984 Anti Sikh Riots
Observing that charges against a policeman posted as SHO at Kingsway Camp police station, charged with misconduct during the 1984 anti Sikh riots, were serious in nature, the Delhi High Court on Monday said that the competent disciplinary authority shall be free to pass an order of punishment against the cop Durga Prasad. Durga Prasad, now retired, was charged for not making any...
Offences Alleged Under Damage To Public Property Act Over Agitation Against Drainage Issues Not Act Of "Organized Crime Syndicate": Gujarat HC
The Gujarat High Court has held that the Applicant-Accused's participation in an agitation against the Municipality for certain drainage issues and the alleged offence committed by him u/s 3 of the Damage to Public Property Act, cannot be deemed to be an act of organised crime syndicate. While granting bail to the Accused, Justice Nirzar Desai relied extensively on the Mohamad ILIYAS...
Where Commissioner Of Police System Exists, District Magistrate Is Not "District Authority" Under Petroleum Rules, 2022: Madhya Pradesh High Court
The Madhya Pradesh High Court, Indore Bench recently held that only the Commissioner of Police and not the District Magistrate would be empowered to revoke the No Objection Certificate (NOC) given to a petrol pump under Rule 150 of the Petroleum Rules, 2002, where the Commissioner of Police system is in existence. Interpreting the term "District Authority" as mentioned under Rule 2(x)...
Special Court Empowered To Try General IPC Offences Arising Out Of Case Probed By NIA: Karnataka High Court
The Karnataka High Court has held that the Special NIA Court is empowered to conduct trial for general offences punishable under Indian Penal Code if the FIR emanates from the very same transaction being probed by the NIA. A single judge bench of Justice M. Nagaprasanna dismissed the petition filed by Sayyed Sohel Torvi an accused in the Bengaluru riots case of 2020, questioning the...