Gauhati High Court Issues Circular For Trial Courts To Release Money Seized In Connection With Cybercrimes To Victims

The Gauhati High Court on Friday (October 04) issued guidelines relating to the release of seized money in connection with cyber frauds or crimes registered on the National Cyber Crime Reporting Portal (NCRP), to the victims of those crimes.The issued notification by the Court read as below:“The trial Courts are directed not to insist on registration of FIRs in matters which have already...

Appointing Authority Has Discretion To Appoint/ Reject Persons Involved In Moral Turpitude Offences, Even If They Are Acquitted: MP High Court

The Madhya Pradesh High Court has said that the appointing authority has the "entire discretion" to appoint or not appoint a person who is involved in an offence concerning moral turpitude even if that person is acquitted. The high court said that the acquittal would not automatically entitle such a person for employment. The court said that in the case before it, the concerned authority...

Employer Best Judge To Organise Workforce, Transfer Not Ordinarily Subject To Judicial Review Unless Arbitrary: MP High Court

The Madhya Pradesh High Court at its Gwalior Bench recently held that an employer is the best judge to organize its workforce and a transfer order cannot be subjected to judicial review unless and until same is found to be influenced by mala fide or arbitrary exercise of powers. Moreover, concept of equality as enshrined under Articles 14 and 16 of Constitution of India, has no application to...

Even If Fatal Injury Is Caused By Only One Member Of Unlawful Assembly, All Co-Accused Will Be Liable For Murder: Punjab & Haryana High Court

The Punjab & Haryana High Court has reiterated that even if the fatal injury was caused by one person of the unlawful assembly to the deceased, all will be liable for murder under the principle of "vicarious criminal liability".Justice Sureshwar Thakur and Sudeepti Sharma said, "Even if the lethal assault was caused by one of the accused, whereas, the other co-accused caused grievous...

Don't Insist On Original Case Diaries, Ensure Compliance With CrPC, BNSS: Gauhati HC Issues Guidelines To Courts For Accepting Police Report

The Gauhati High Court on Saturday (October 5) issued guidelines for acceptance of Final Report Form (Charge sheet or Final Report) by all courts under its jurisdiction. The main points of the guidelines are as follows:The Police Reports Final Form (Charge sheets or Final reports) shall be accepted by all Courts without insisting for original Case Diaries.While accepting the Final Police...

Bombay High Court Weekly Round-Up: September 30 – October 6, 2024

Citation 2024 LiveLaw (Bom) 497 to 2024 LiveLaw (Bom) 502)Nominal Index Y-Not Films LLP and Anr. vs. Ultra Media and Entertainment Pvt. Ltd., 2024 LiveLaw (Bom) 497Sudhir Kumar Sengupta vs. Kusum Pandurang Keni, 2024 LiveLaw (Bom) 498Latabai Jadhav vs State of Maharashtra, 2024 LiveLaw (Bom) 499State of Maharashtra vs Sunil Kuchkoravi, 2024 LiveLaw (Bom) 500Kisan Moulding Limited v. Micro...

'Heart Of Cardio Institute Itself Not In Right Place': Karnataka HC While Regularising Service Of Nurses Engaged On Contract Since 20 Yrs

The Karnataka High Court has come to the aid of Ten Staff Nurses (Stipendiary) working on contractual basis for over 20 years in Sri Jayadeva Institute of Cardiovascular Sciences and Research, by directing that their services be regularised from the date they completed 10 years of service.A single judge bench of Justice N S Sanjay Gowda allowed the petitions filed by B J Rani and others and...

Calcutta High Court Calls For State's Response On Plea Seeking FIR Against Former CP Vineet Goyal For Revealing RG Kar Victim's Name To Media

The Calcutta High Court on Monday called for a response from the State government on a plea seeking the resignation of former police commissioner Vineet Goyal for revealing the name of the RG Kar hospital rape-murder victim to the media.A division bench presided over by Chief Justice TS Sivagnanam also sought responses from the former police commissioner, as well as the appropriate authority...

Not Mandatory To Give Opportunity Of Hearing To Delinquent Employee In 'Fact Finding Inquiry': Orissa High Court

The Orissa High Court has held that an inquiry conducted by a fact find committee is an administrative mechanism which is instituted only to ascertain facts on the basis of which a disciplinary inquiry is contemplated and thus, there is no need to provide opportunity of hearing to the delinquent employee at such stage.Differentiating between 'fact finding inquiry' and 'disciplinary inquiry',...

Magistrate's Role U/S 145 CrPC To Ensure Public Peace, Not Settle Property Disputes Like Civil Court: Rajasthan High Court

The Rajasthan High Court has recently said that the role of the magistrate under Section 145 CrPC is to ensure public peace when there is a dispute over possession of property and order not to settle property disputes which are under the purview of civil courts. The court said this after noting that in the present case there were already civil proceedings ongoing between the parties before...

Karnataka High Court Weekly Round-Up [September 30 To October 06, 2024]

Citations: 2024 LiveLaw (Kar) 419 To 2024 LiveLaw (Kar) 427Nominal Index:ABC AND XYZ. 2024 LiveLaw (Kar) 419ABC AND Internal Complaints Committee & Others. 2024 LiveLaw (Kar) 420Arafath Ali @ Arafath AND National Investigation Agency. 2024 LiveLaw (Kar) 421Sanjana Raghunath AND Karnataka Examination Authority & Others. 2024 LiveLaw (Kar) 422Roshan A AND Union of India & Others....

Intentional Insult, Intimidation Under SC/ST Act Must Be Made In Public: Rajasthan HC Sets Aside "Mechanical" Cognizance Order

While setting aside an order taking cognizance of an offence under Section 3(1)(x) SC/ST (Prevention of Atrocities) Act, the Rajasthan High Court said that the provision requires that the intentional insult or intimidation takes place in public in the presence of other people. In observing so, the high court said that in the present case, it was the complainant who had visited the...