Accused's Right To Fair Trial To Seek Call Detail Record U/S 91 CrPC In Trap Case Prevails Over Police's Right To Privacy: Rajasthan HC

In case concerning trap proceedings, the Jaipur bench of the Rajasthan High Court has reiterated that the right of an accused to a free and fair probe/trial under Article 21 in seeking call/tower location details under Section 91 CrPC would prevail over the right to privacy of the police officials. The court added that this right of privacy can be breached to some extent for production of...

[Seat vs. Venue] Designated “Seat” Of Arbitration Has Exclusive Jurisdiction: Calcutta High Court Reiterates

The Calcutta High Court bench of Justice Soumen Sen and Justice Biswaroop Chowdhury has held that once the “seat” of arbitration is designated in an agreement, it is to be treated as the exclusive jurisdiction for all arbitration proceedings. The Court referred to the 'Shashoua Principle', which propounds that when there is an express designation of a "venue" and no alternative seat...

Bombay High Court Annual Digest 2024 [Part III]

Citations 2024 LiveLaw (Bom) 436 – 2024 LiveLaw (Bom) 654:Repeatedly Following A Minor Girl, Trying To Express Love Despite Her Disinclination Is Sexual Harassment Under POCSO Act: Bombay High CourtCase Title: Mituram Udayram Dhurve vs State of Maharashtra (Criminal Appeal 201 of 2021)Citation: 2024 LiveLaw (Bom) 436In a significant ruling, the Nagpur bench of the Bombay High Court held that...

Procedural Delays In Reporting Seizures To Designated Authority Under UAPA Will Not Invalidate Proceedings: J&K High Court

The Jammu & Kashmir and Ladakh High Court has clarified that procedural delays in informing the Designated Authority about seizures under the stringent provisions of the Unlawful Activities (Prevention) Act, 1967 (UAPA) do not render the proceedings invalid.“The information though required to be communicated within 48 hours of the seizure, the delay, if any, caused will not by itself...

Penalties Like Seizure, Detention Of Goods In Transit U/S 129 CGST Act Shouldn't Be Imposed To Penalise Minor Breaches: Delhi High Court

The Delhi High Court has held that Section 129 of the Central Goods & Services Tax Act, 2017 which pertains to detention, seizure and release of goods while in transit cannot be invoked for imposing penalties for minor breaches, like incomplete e-way bill.A division bench of Justices Yashwant Varma and Harish Vaidyanathan Shankar further held that Section 129 cannot, merely by virtue of...

NDPS Act | Delhi High Court Grants Bail To Former Punjab AAG Booked For Transporting Drugs, Says Twin Conditions U/S 37 Satisfied

The Delhi High Court has granted bail to lawyer and former Additional Advocate General for the State of Punjab in a case registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 last year. Justice Jasmeet Singh granted relief to Vikramjit Singh, observing that the "twin conditions" given under section 37 of the NDPS Act were "satisfied" in the case. The court also noted that...

Two Additional Judges Of Gauhati High Court Made Permanent

The Union Government on Friday (January 17) appointed Justice Kardak Ete and Justice Mridul Kumar Kalita as permanent judges of the Gauhati High Court. The Notification issued by the Central Government read as follows:“In exercise of the power conferred by clause (I) of Article 217 of the Constitution of India, the President is pleased to appoint S/Shri Justices (i) Kardak Ete and (ii)...

Orissa High Court Denies Bail To Man Accused Of Receiving Money On Behest Of Pakistani Intelligence Officer, Suspects 'Larger Conspiracy'

The Orissa High Court on Friday (January 17) denied bail to a man who was found to be having links with a Pakistani Intelligence Officer linked to Inter-Services Intelligence (ISI) and for allegedly receiving money in his account on the behest of such Pakistani national.Suspecting a deep-rooted conspiracy involving Pakistani Intelligence Officers, the Single Bench of Justice Sashikanta...

Allegations Against Husband's Relatives Cannot Be Viewed As False As A Thumb Rule Without Addressing Them: Kerala High Court

The Kerala High Court has held that the allegations against the relatives of the husband cannot be generally viewed as false, as a thumb rule without addressing them.Justice A. Badharudeen observed that general and sweeping allegations of cruelty against the relatives of husband are insufficient to attract an offence of cruelty under Section 498A of the IPC and there must be specific...

Mindset That Women Should Endure Suffering In Matrimonial Homes Emboldens Perpetrators: Delhi High Court On Dowry Deaths

While denying bail to a husband in a dowry death case, the Delhi High Court has said that the mindset that women should continue to endure suffering in their matrimonial homes as it is the “right” thing to do after marriage “emboldens” perpetrators. “This mindset emboldens, and is exploited by, perpetrators including a husband, who kills his wife, exploiting the situation that...

[S.354 IPC] Tripura High Court Sets Aside Conviction Citing Lack Of Evidence, Says IO Didn't Collect Injury Report

The Tripura High Court recently set aside the conviction and sentence imposed by a Trial Court under Section 354 of IPC against an accused on the ground that the ingredients of the offence of using 'criminal force or assault' upon the victim could not be established by the prosecution.The single-judge bench of Justice Biswajit Palit observed:“….in absence of clear and specific evidence...

Punjab & Haryana High Court Directs Reinstatement Of Judge Who Was Expelled Over Alleged Misconduct Committed As A Lawyer

The Punjab & Haryana High Court has directed to reinstate an additional and sessions judge with consequential benefit, who was dispensed from service during the probation period on account of "doubtful integrity" . On the basis of a complaint made against the judge, in the Annual Confidential Report (ACR) for the year 2015-16 recorded by the then Administrative Judge, the OSD...