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Filing An Anticipatory Bail Application During Pendency Of Regular Bail Plea Is Misuse Of Process Of Court: Allahabad HC
The Allahabad High Court last week observed that filing an anticipatory bail application, while there being a regular bail application pending, is a misuse of the process of the Court. The bench of Justice Krishan Pahal observed thus while rejecting an anticipatory bail plea filed by one Banti Sharma, booked under Sections 420, 406 IPC for allegedly usurping the money of...
[NDPS Act] Seizure Mahazar Sent To Court Becomes A Public Document, Accused Entitled To Certified Copy: Kerala High Court
The Kerala High Court held that seizure mahazar, once prepared and sent to the Court by police or other officers becomes a public document. It noted that a certified copy of seizure mahazar cannot be denied to the accused as he might need it to mould and understand his case at the stage of bail application itself.Justice P.V.Kunhikrishnan observed thus:“I am of the considered opinion that,...
Wife Making Unsubstantiated Allegations, Waging Legal War Against Husband And His Family Members Is Extreme Cruelty: Delhi High Court
The Delhi High Court has said that the wife making serious and unsubstantiated allegations against the husband and waging a legal war against him by implicating him and his family members amounts to extreme cruelty towards spouse. A division bench of Justice Suresh Kumar Kait and Justice Neena Bansal Krishna set aside a family court order and granted divorce to a husband on the ground of...
[Motor Accident] Insurer Liable To Meet Contractual Liability If It Undertakes To Compensate Insured Vehicle’s Owner: Delhi High Court
The Delhi High Court has observed that an insurance company is liable to meet the contractual liability where it undertakes to pay compensation on the death or injury suffered by the owner of the insured vehicle. Justice Navin Chawla said that as a general rule, the Insurance Company cannot be made liable to pay compensation under Section 163A or Section 166 of the Motor Vehicles Act, 1988,...
ITR-Filing Date Is Relevant For Calculating Section 143(2) Limitation And Not Defect-Removal Date: Delhi High Court
The Delhi High Court has held that once the return has been found to be valid and only a defect within the meaning of Section 139(9) of the Income Tax Act has been found, interest cannot be levied.The bench of Justice Rajiv Shakdher and Justice Girish Kathpalia has observed that if the date of the ROI originally filed on October 14, 2016 is taken into account, then the notices served on...
Explain Pros And Cons Of Medical Termination Of Pregnancy To Rape Victims In Mother Tongue: Delhi High Court Directs Police, Medical Board
The Delhi High Court has directed the investigating officers of Delhi Police and medical board to explain the pros and cons of medical termination of pregnancy to the rape victims and her guardians (in case of minors) in mother tongue, be it Hindi or English language.“This Court orders that henceforth, in cases of medical termination of pregnancy in rape cases, the pros and cons of the...
Chamber Judge Refers Appeal Against Registrar's Refusal To Accept Petition To Court As Matter Involves Interpretation Of Order
The Supreme Court, comprising Justice K.V. Vishwanathan (in-chamber), while hearing an application assailing the registrar’s refusal order, observed that the matter involving Court’s interpretation does not fulfil the “ingredients” of Order XV Rule 5 of the Supreme Court Rules. The same permits the party to appeal against such refusal order within the timeline of 15 days. Thus,...
Murder Trial | Non-Explanation Of Injuries On Accused Will Create Doubts On Prosecution Version : Supreme Court
In a criminal appeal against conviction in a murder case, the Supreme Court recently observed that the non-explanation of injuries on the accused shows prosecution may have concealed the real incident.A three-judge bench comprising Justice BR Gavai, Justice BV Nagarathna, and Justice Prashant Kumar Mishra was hearing an appeal against a judgment of the Madhya Pradesh High Court which upheld...
Supreme Court Weekly Round-Up (30th Oct-5th Nov)
Nominal Index [Citations: 2023 LiveLaw (SC) 932-953]Indrakunwar v. State of Chattisgarh 2023 LiveLaw (SC) 932Manish Sisodia v. Central Bureau of Investigation 2023 LiveLaw (SC) 934Bhisham Lal Verma V. State of Uttar Pradesh 2023 LiveLaw (SC) 935Pradeep Mehra V. Harijivan J. Jethwa 2023 LiveLaw (SC) 936Manak Chand v. State of Haryana 2023 LiveLaw (SC) 937IFFCO Tokio General Insurance Co. Ltd....
Coexistence Of Multiple Ideologies Identity Of Country, No One Has Right To Hold Meeting To Eradicate Any Ideology: Madras High Court
While denying permission to conduct a meeting to eradicate “Dravidian Ideology”, the Madras High Court recently observed that no one had a right to propagate divise ideas and conduct meetings to abolish or eradicate any ideology. The court added that co-existence of multiple ideologies was the identity of the country. Talking about the recent meetings held for eradicating...
For Conviction Under Section 149 IPC, No Overt Act Needed; Membership Of Unlawful Assembly Enough: Supreme Court
The Supreme Court recently held that for Section 149 of the Indian Penal Code, it is not necessary to demonstrate that a person committed an illegal overt act or was guilty of an illegal omission to be held a member of an unlawful assembly. The punishment prescribed by Section 149 is, in a sense, vicarious, and does not mandate that every member of the unlawful assembly has personally...