News Updates
'Doctrine Of Sameness' Not Attracted When Victims Differ: Karnataka High Court Refuses To Quash Multiple POCSO FIRs Against School Teacher
The Karnataka High Court has observed that the 'Doctrine of Sameness' is not applicable if cases against the accused registered under the Protection of Children from Sexual Offences Act, are filed at different periods of time by different complainants. A single judge bench of Justice M Nagaprasanna while dismissing a petition filed by a school teacher who is accused by the students...
Subsequent Filing Of Chargesheet Can't Defeat Indefeasible Right Of Accused Who Applied For 'Default Bail': Allahabad High Court
The Allahabad High Court has observed that an accused gets an indefeasible right to 'default bail' if he makes an application after the maximum period for investigation of an offence is over, and before a charge sheet is filed. This assertion came from the bench of Justice Syed Aftab Husain Rizvi who held that an accused has an indefeasible right to 'default bail' under proviso to section...
Madras High Court Confirms Order Of CB-CID Enquiry Into Medical Admission Scams
The Madras High Court on Monday confirmed the order of the single judge directing a CB-CID enquiry in a matter relating to series of scams relating to admissions to the medical courses in state. The court passed the order on an appeal filed by Dr G. Selvarajan, former secretary of the Selection Committee, Directorate of Medical Education, seeking a stay of a single bench order whereby the...
'Presumption Of Innocence U/S 3(i) Juvenile Justice Act Not Applicable To Adult Co-Accused': J&K&L High Court
The Jammu and Kashmir and Ladakh High Court has made it clear that the presumption of innocence in favour of a juvenile under Section 3(i) of the Juvenile Justice (Care and Protection of Children) Act, 2015 cannot be applied to the adult co-accused in a crime.Justice Sanjay Dhar thus rejected the contention raised by the Petitioners herein (co-accused with the juvenile) that since the...
Rigor Of S.33(5) Of POCSO Act Gets Diluted Once Victim Attains Majority: Madras High Court Reiterates
Observing that the accused must be given an opportunity to place his defence, the Madras High court recently allowed a POCSO accused's plea for recall of the victim for cross examination. The court explained that Section 33 (5) of the Act was introduced only to ensure that the child should not be repeatedly called to the Court for examining as it would affect the mind of the child. In the...
Power To Grant Regular Bail U/S 439 CrPC Is Subject To Conditions Laid Down In S.37 NDPS Act: Punjab & Haryana High Court Reiterates
The Punjab and Haryana High Court has held that when dealing with a case registered under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, the power to grant regular bail under Section 439 CrPC is subject to the conditions laid down in Section 37 of the NDPS Act. Power to grant bail under Section 439 of the Code is subject to the conditions laid down in Section 37...
IBC Cases Weekly Round-Up: 27 June To 3 July 2022
NCLT NCLT Kolkata Initiates Insolvency Process Against The Personal Guarantor Of Gontermann-Pipers(India) Ltd. Case Title: UCO Bank v Vinod Kumar Mittal Case No.: C.P.(IB)/24(KB)2021 The National Company Law Tribunal ("NCLT"), Kolkata Bench, comprising of Shri Rohit Kapoor (Judicial Member) and Shri Harish Chander Suri (Technical Member), has initiated Insolvency...
Punjab and Haryana High Court Monthly Digest: June, 2022
Nominal Index Jaswant Kaur v. Lakhwinder Singh and others 2022 LiveLaw (PH) 125 Bhakra Beas Management Board & another Versus Jagdish Ram 2022 LiveLaw (PH) 126 Ayyub Khan and Anr VERSUS Pratap Gurjar and Ors. 2022 LiveLaw (PH) 127 Rohtash @ Raju v. State of Haryana 2022 LiveLaw (PH) 128 Lawrence Bishnoi v. State of Punjab and others...
Sushant Singh Rajput's Flatmate Siddharth Pithani Gets Bail From Bombay High Court In Drugs Case
The Bombay High Court on Monday granted bail to Siddharth Pithani, former flatmate of late actor Sushant Singh Rajput, accused in an illicit drug probe following the Actor's death. Justice Bharati Dangre ordered bail on the execution of a PR Bond of Rs. 50,000. Currently in judicial custody, Pithani was arrested by the Narcotics Control Bureau on May 28, last year. While two of...
Court Exercising Powers Under Section 9 Of The A&C Act Cannot Add Conditions To An Unconditional Bank Guarantee: Meghalaya High Court
The Meghalaya High Court has held that a court exercising powers under Section 9 of the A&C Act cannot add conditions to an unconditional bank guarantee. The Division Bench of Chief Justice Sanjib Banerjee and Justice W.Diengdoh held that mere plea of fraud would not be a ground for the court to stay invocation of an unconditional bank guarantee unless a strong prima facie...