Top Three News
"Police Have No Business To Know How Advocate Represents Accused" : Lawyer & GHCAA Challenge Section 41A Notice Before Gujarat HC
The Gujarat High Court on Friday heard the plea moved by HC lawyer Aniq Kadri challenging the notice issued to him under Section 41A of the Code of Criminal Procedure (CrPC) by the police for allegedly providing illegal assistance to the former additional solicitor general (ASG) to the Gujarat High Court Senior Advocate IH Syed. Before the Bench of Justice Samir Dave, Senior Counsel...
Bombay High Court Asks State If Mumbai Police Commissioner Will Withdraw Circular Mandating DCP's Nod For Filing POCSO FIRs
The Bombay High Court on Thursday sought to know if the Commissioner of Police, Mumbai, would be willing to withdraw the circular mandating the assent of the Assistant and Deputy Commissioner of Police for registration of FIRs under the POCSO Act. A division bench of Justice Mohite Dere and Justice VG Bisht was hearing a challenge to the circular issued on June 6, 2022 with an intent...
Blatant Violation Of Natural Justice: Gujarat High Court Quashes Order Cancelling Licence Of 'K News Channel'
Citing non-compliance with Section 8 of the Gujarat Cinemas (Regulation) Act, 2004 and violation of principles of natural justice, the Gujarat High Court has quashed and set aside an order passed by the District Magistrate, Ahmedabad cancelling the licence of 'K News Channel'. Section 8 provides that the licence may be revoked in the event of any contravention of the provisions of...
Prophet Row | Calcutta High Court Asks WB Govt To Assess Ground Situation, Call For Central Forces Before Situation Goes Out Of Control
The Calcutta High Court vide order dated June 15 has reiterated that the State authorities must assess the ground situation and take steps to deploy central paramilitary forces if the need arises before any loss of life or property takes place.A Bench comprising Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj was adjudicating upon a batch of Public Interest Litigation...
Courts Shouldn't Rush To Issue Standing Warrant, Proclamation & Attachment Orders Unless Satisfied That Accused Evading Intentionally: Rajasthan HC
The Rajasthan High Court has observed that the courts should not rush to issue standing warrants and initiate proceedings under Sections 82 and 83 of the Code, unless they are satisfied that the accused is intentionally evading or circumventing the warrants in order to avoid the prosecution.Under Code of Criminal Procedure, Section 82 deals with the proclamation for person absconding,...
Sippy Sidhu Murder Case: Daughter Of Himachal Pradesh High Court's Acting Chief Justice Arrested By CBI
The Central Bureau of Investigation (CBI) has arrested the daughter of Himachal Pradesh High Court Acting Chief Justice Sabina, Kalyani Singh in connection with the 2015 Sippy Sidhu murder case. She has been sent to 4 days of judicial custody.A murder case in connection with the murder of Sukhmanpreet Singh Sidhu, alias Sippy Sidhu, a national-level shooter, and lawyer who was shot dead in...
Motor Accident Death | Kerala High Court Lays Down 'Twin Conditions' To Claim Compensation In Plea Alleging Driver's Negligence
The Kerala High Court has held that in a claim under Section 166 of the Motor Vehicles Act, the petitioners must prove not only the negligence on the part of the driver or rider but also prove that the person alleged to have sustained injuries in a motor accident died in consequence of the accidental injuries. Justice A. Badharudeen added that it is the burden of the petitioners to...
All High Courts Weekly Round-Up: June 6 - June 12, 2022
Allahabad High Court NOMINAL INDEX Bhavesh Jain v. State Of U.P. Thru. Prin. Secy. Lko. 2022 LiveLaw (AB) 279 Shyam Sunder Prasad v. Central Bureau Of Investigation Lucknow 2022 LiveLaw (AB) 280 Vijay Mishra v. State Of U.P. Thru. Secy. Home Deptt. Lko. And Another 2022 LiveLaw (AB) 281 Ram Pravesh And 3 Other v. State of U.P. and Another 2022 LiveLaw (AB) 282 Basharat...
No Arrest During 2 Months' Cooling-Off Period After FIR Registration: Allahabad HC Issues Safeguards Against S. 498A Misuse
Allahabad High Court on Monday issued certain guidelines/safeguards to prevent the misuse of Section 498A of the Indian Penal Code (IPC). One of the guidelines issued by the Court states that after the registration of a First Information Report (FIR) under 498A IPC, no arrest or coercive action should be taken against the accused during the cooling-off period of two months. During...
Calcutta High Court Quarterly Digest: January To March 2022 [Citations 1-101]
Nominal Index [Citations 1-101]Dr. Avinandan Mondal v. State of West Bengal & Ors 2022 LiveLaw (Cal) 1Bimal Bhattacharya v. State of West Bengal & Ors 2022 LiveLaw (Cal) 2Pratik Maitra v. State of West Bengal 2022 LiveLaw (Cal) 3Shri Aloke Singh & Ors v. Indian Statistical Institute & Ors 2022 LiveLaw (Cal) 4Amit Kumar Das and Ors v. State of West Bengal 2022 LiveLaw...
Leaving Matrimonial House On Account Of Husband's Cruelty Not Desertion: Rajasthan High Court Grants Maintenance To Ex-Wife
The Rajasthan High Court has observed that a lady suffering from cruelty on account of her husband's conduct cannot be said to have deserted him or to be voluntarily residing away. The court added that the circumstances created by the husband, if not conducive, are bound to push away the wife.Essentially, the case of the petitioner-wife is that respondent-husband is working on the post of...
Factories Act Is Not In Substitution Of Any Other Statute, Does Not Override Indian Penal Code: Punjab & Haryana High Court
The Punjab and Haryana High Court, while dealing with a matter wherein usage of non-updated machinery led to the death of two labourers, held that provision of Factories Act, 1948 are not in substitution but are supplemental to any other Act; and thus they do not override the provisions of the Indian Penal Code. The bench comprising Justice Vinod S. Bhardwaj observed that perusal...