Caste Committee Clean Chit To NCB Officer Sameer Wankhede, FIR Against Nawab Malik For Defamation Under SC/ST Act

A little less than a year after former Maharashtra Minister Nawab Malik accused Sameer Wankhede, then anti-Narcotics officer, of fraudulently obtaining a scheduled caste certificate despite being a Muslim by birth, the caste committee has given Wankhede a clean chit. The District Caste Certificate Verification Committee declared that Wankhede belonged to SC/ST's Mahar community and...

Standard Of Proof For Accused To Rebut Presumption U/S 139 NI Act Is That Of 'Preponderance Of Probabilities': Jharkhand High Court

The Jharkhand High Court has reiterated that when an accused under Section 138 of the Negotiable Instruments Act has to rebut the presumption in favour of cheque holder under Section 139 of the Act, the standard of proof for doing so is that of 'preponderance of probabilities'. The observation came from Justice Deepak Roshan: "While section 138 of the Act specifies a strong...

Sedition Not Made Out In Absence Of Incitement Of Disaffection Towards Govt: Karnataka HC Quashes Case Against Police Association Leader

The Karnataka High Court has quashed the case of sedition registered against a dismissed police constable who formed a Police Association namely Akhila Karnataka Police Maha Sangha (Welfare Body) in the year 2016 and was accused of spearheading a movement to instigate the lower rung of the Police force to act against the present elected Government. A single judge bench of Justice...

"Unbelievable That Man Would Take Family Members To Victim's House With A Marriage Proposal & Rape Her": MP High Court Quashes Case

The Madhya Pradesh High Court (Indore bench) recently quashed a rape case instituted against the accused by the victim on the allegation that he established physical relations with her on the false promise to marry her. The bench of Justice Subodh Abhyankar noted that even if it is assumed that the accused had established a physical relationship with the victim, it can't be said that the same...

PIL Moved In Calcutta High Court Seeking Declaration Of Public Holiday On 2nd July In Honour Of Nawab Siraj-Ud-Daulah

A Public Interest Litigation (PIL) plea has been moved before the Calcutta High Court seeking a direction to the state government to declare a public holiday on July 2 (the day he died) in honor of the martyrdom of the last independent Nawab of Bengal, Mirza Muhammad Siraj-ud-Daulah.The PIL plea moved by one Kousik Ghosh through advocate Saugata Banerjee states that Sirajud-Daulah was one...

Externment Orders Curtail Life & Liberty, Must Be Passed With Due Care & Caution: Rajasthan High Court

The Rajasthan High Court observed that since externment order curtails the life and liberty of a person, the same is required to be passed with due care and caution.Essentially, the present writ petition was filed against the order passed by the Additional District Magistrate (city), Bikaner and the appellate order passed by the Divisional Commissioner, Bikaner, whereby the petitioner...

No Country's Judiciary Has Judges' Workload Like India : Law Minister Kiren Rijiju

The Hon'ble Union Minister for Law & Justice, Mr. Kiren Rijiju was invited as the 'Guest of Honour' at the 75th Independence Day celebrations organised by the SCBA in the Supreme Court Complex. While stating that no country could face the unique set of problems which India faced, he said that while it was easy to pass sweeping comments on the working of the State, it was not easy to hold...

Gender No Criteria To Deny Compassionate Employment: Jharkhand High Court Grants Relief To Married Daughter Of Deceased Employee

The Jharkhand High Court recently granted relief to the married daughter of a deceased employee who was denied compassionate employment by the Jharkhand Urja Vikash Nigam Limited. Justice S. N. Pathak observed that the case is an example where the applicant for compassionate appointment was "discriminated" on the ground of gender. The Petitioner submitted that the impugned...

'Burden Of Proof' Never Shifts Whereas 'Onus Of Proof' Shifts Continuously In Evaluation Of Evidence: Tripura High Court

The Tripura High Court recently explained the difference between 'burden of proof' and 'onus of proof'. Justice T. Amarnath Goud observed that burden of proof lies upon a persons who has to prove a particular fact and it never shifts.The bench added that 'Onus of proof' shifts and such a shifting of onus is a continuous process in the evaluation of evidence. The observation comes in a...

Bombay High Court Weekly Round-Up: 8 August To 14 August, 2022

Nominal Index Sukoon Construction Pvt. Ltd v. The Collector of Stamp & Anr. 2022 LiveLaw (Bom) 280 Smarte Solutions Pvt. Ltd. v. Union of India and Ors. 2022 LiveLaw (Bom) 281 Vasant v. State of Maharashtra and Ors. 2022 LiveLaw (Bom) 282 Kirit Somaiya v. State of Maharashtra 2022 LiveLaw (Bom) 283 Novafor Samuel Inoamaobi Versus The State of Maharashtra 2022 LiveLaw...

POCSO Act Does Not Impose Any Special Prohibition On Grant Of Bail: Himachal Pradesh High Court

The Himachal Pradesh High Court recently observed that the POCSO Act, which punishes sexual interactions with minors, does not impose any special prohibition for grant of bail.Justice Satyen Vaidya remarked: "POCSO Act does not impose any special prohibition for grant of bail in offence(s) committed under the Act. Rather, Section 31 thereof makes provisions of Code of...

Tax Cases Weekly Round-Up: 7 August To 13 August, 2022

Delhi High Court Definition Of Relative Under Senior Citizens Act Can't Be Treated At Par With Income Tax Act, 1961: Delhi High Court Case Title: Miss Indira Uppal Versus UOI Citation: 2022 LiveLaw (Del) 764 The Delhi High Court has held that the petitioner's real intent was to ensure that gift tax is not levied on donee. The petition does not promote the maintenance and...