Possibility Of Victim Herself Being A Partner In Crime: Allahabad High Court Acquits 7 Convicts In 2004 'Minor' Kidnapping, Rape Case

The Allahabad High Court recently acquitted seven accused, convicted in connection with a July 2004 minor girl's kidnapping and rape case, as it observed that the allegations made against the accused were fabricated, intended to serve as a cover-up and create a defence for the victim, who was herself implicated in a separate kidnapping case involving a minor boy. A bench...

Section 303(2) BNS | FIR Can Be Registered Only After Getting Appropriate Order From Magistrate: Madras High Court

The Madras High Court recently observed that the offence under Section 303(2) of the Bharatiya Nyaya Sanhita is a non-cognizable and bailable offence and an FIR could be filed for these offence only after getting appropriate orders from the Magistrate. Justice Anand Venkatesh thus quashed an FIR filed against the man. Though the court noted that the FIR itself was not sustainable in...

'Time Served On Duty Is Immaterial If Appointment Is Not As Per Law', Patna High Court

A Division Bench of the Patna High Court comprising Justices P. B. Banjanthri and B. PD. Singh held that if a candidate's appointment was not as per law, it would be immaterial as to how many years he has discharged duties in relation to the post. The Bench upheld the order of the Single Judge that had denied relief to the Appellant(Head Clerk) who was appointed to the post...

What Should Be The Notional Income Of A 5-Yr-Old Minor In A Motor Accident Claim? Kerala High Court Answers

The Kerala High Court has fixed the notional income at rupees 17, 325 per month for a 5-year-old minor boy, who has been in a state of paraparesis and lost his childhood since a 2016 accident.The Insurance Company challenged the Tribunal's decision to fix the notional income to rupees 8,000 per month. Justice Easwaran S. referred to Master Ayush v. The Branch Manager, Reliance General...

'Flight Risk; Father Already Fled Country': Allahabad HC Denies Bail To 2 Sons Of Mining 'Mafia' In Gangsters Act Case

The Allahabad High Court recently denied bail to two sons of Hazi Iqbal, also known as Balla, an alleged mining mafia in the Meerut region, in a case under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. Hazi Iqbal, along with his sons (bail applicants), is accused of running an interstate criminal gang involved in various financial and corporeal crimes. A...

Class 10 Marksheet Is A Public Document, Credible And Authentic As Proof Of Birth: Rajasthan High Court

Upholding the election tribunal's decision disqualifying a man from the post of Sarpanch as he had two additional children after cut off date, the Jaipur bench of the Rajasthan High Court reiterated that matriculation certificate (Class 10 mark sheet) is a public document and is credible and authentic as per Section 35 of the Indian Evidence Act. This is court said, was especially in light of...

Karnataka High Court Weekly Round-Up: November 18 - November 24, 2024

Citations: 2024 LiveLaw (Kar) 472 To 2024 LiveLaw (Kar) 480Nominal Index:Satish AND State of Karnataka. 2024 LiveLaw (Kar) 472State of Karnataka & Others AND Latha H N. 2024 LiveLaw (Kar) 473Parvati & ANR AND State of Karnataka & anr. 2024 LiveLaw (Kar). 474Ramesh N R AND Chief Secretary & Others. 2024 LiveLaw (Kar) 475Mandara AND State of Karnataka and Anr. 2024 LiveLaw...

In Public Function Matters Like Electricity Supply No Ex Parte Stay Must Be Given, Vacation Plea Must Be Decided Expeditiously: Rajasthan HC

The Jaipur bench of the Rajasthan High Court ruled that in matters that affect supply of public services like electricity to the consumers in the State, ordinarily ex-parte interim order ought not to be granted, and even if it was granted, the application for vacating the stay is required to be considered expeditiously.The observation came in appeal filed against a June 25 interim order of...

Magistrate Granting Permission To Probe Non-Cognizable Offence Must Apply Mind, Not Write 'Lengthy Orders To Fill Up Pages': Karnataka HC

The Karnataka High Court has said that Magistrate courts, while passing an order on a request made by the police to investigate a non-cognizable offence, should not merely pass lengthy orders only to fill up the pages, without applying their mind.A single judge bench of Justice M Nagaprasanna while allowing the petition filed by one Krishnappa M T and another quashed the proceedings...

[Direct Tax Vivaad Se Vishwas Act] Review Plea Against SLP Constitutes "Disputed Tax" U/S 2(i)(j): Delhi High Court

The Delhi High Court has held that a review petition, against the orders passed in SLP by the Supreme Court, is “Disputed Tax” under Section 2(1)(j) of the Direct Tax Vivad Se Vishwas Act, 2020 and the review petitioner would be eligible to take benefit of “Vivad Se Vishwas Scheme”. Section 2(1)(j) defines disputed tax in relation to Appeal, Writ Petition or Special Leave...

"Classic Case Of NCR Region Fuelling Unnecessary Litigation": Punjab & Haryana HC Slaps Rs 1 Lakh Cost On Repeated Pleas Over Gurugram Land

The Punjab and Haryana High Court has imposed an exemplary cost of Rs.1 lakh on a litigant who repeatedly approached the court challenging a land acquired for development of Gurugram's sector 57.Despite the fact that the High Court had granted liberty to the Petitioner to approach the appropriate authority in first round of litigation, the petitioner filed SLP for second directions and then...

[NDPS Act] Prima Facie Every Cell Of Magic Mushroom Contains Chemical, To Be Weighed Entirely To Ascertain Commercial Quantity: Madras HC

While hearing a bail plea under the NDPS Act, the Madras High Court recently noted that every cell of 'magic mushroom' contains psychotropic chemicals and hence the entire mushroom would have to be weighed to determine if the quantity confiscated is falling under commercial quantity. Justice Bharatha Chakravarthy thus while dismissing a bail plea prima facie differed from the stand taken...