"Woman Groped On Street Can't Be Prosecuted As Participant To Crime": Mumbai Court On Shilpa Shetty's Discharge In Richard Gere Kissing Case

A woman being groped on the streets cannot be prosecuted as a participant to the crime, the Sessions Court observed while upholding actor Shilpa Shetty’s discharge in a 2007 obscenity case involving Richard Gere kissing her at a public event.“A woman being groped on the street or touched on a public way or in public transport cannot be termed as accused or participative to an extent of...

Bihar Municipal Polls 2022| What Yardsticks Were Adopted By Dedicated Commission For Fulfilling 'Triple Test'?: High Court Asks State Govt

Hearing a writ plea challenging the Bihar Municipal Polls 2022 and the report of the dedicated Commission constituted by the state government to study the representation of Other Backward Classes (OBCs) in urban local bodies, the Patna High Court last week sought Bihar Government's affidavit on several issues.The Bench of Justice Satyavrat Verma asked the state to specify on what basis...

UP Urban Building Act | Tenant Can Deposit Rent In Court Only On Landlord's Refusal To Accept : Supreme Court

The Supreme Court held that Section 30 Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 provides that a tenant may deposit rent in the Court on refusal of the rent by the landlord, but this position only lasts till the landlord expresses his willingness to receive the rent. If the landlord serves formal notice expressing willingness, the tenant upon receipt...

'Trial Judges Shouldn't Be Placed In A Sense Of Fear' : Supreme Court Sets Aside HC Order Seeking Explanation From Judge For Granting Bail

The Supreme Court has strongly deprecated the order passed by the Madhya Pradesh High Court to seek explanation from a trial court judge for granting bail in a case. Such orders passed by the higher judiciary will have a "chilling effect" on the district judiciary, reminded the Supreme Court while setting aside the High Court's order."The order of the High Court directing that the appellant...

Virat Kohli, Anushka Sharma Consent To Quash FIR Against Man Who Allegedly Tweeted Rape Threat To Their Daughter After T20 Loss In 2021

The Bombay High Court on Monday quashed the FIR and charge sheet against a student accused of giving a rape threat to the 11-month-old infant of former Indian Cricket Team Captain Virat Kohli and actor Anushka Sharma, after a no-objection from the couple.A division bench of Justices AS Gadkari and PK Naik quashed the FIR against Hyderabad techie Ramnagesh Srinivas Akubathini registered by...

NGT Directs Rajasthan And Punjab Pollution Control Boards To Conduct Joint Study On Increasing Cancer Patients

Recently, the National Green Tribunal (NGT) has directed the Rajasthan Pollution Control Board (RJSPCB) and the Punjab Pollution Control Board (PPCB) to commission a joint study by the Indian Council of Medical Research (ICMR), New Delhi or the Indian Toxicological Research Institute (ITRI), Lucknow.The aim of the study is to identify the root causes of the increasing number of cancer patients...

Teele Wali Masjid Dispute| Maintainability Of Lord Sheshnag's Suit In Lucknow Court Seeking Possession Of Premises Challenged In Allahabad HC

A plea has been moved before the Allahabad High Court challenging the maintainability of a suit pending before the Lucknow Court seeking possession of the City's Teele Wali Masjid Premises. Hearing the matter on Monday, the HC sought replies from the opposite parties by April 28.Essentially, the Suit pending before the Lucknow Civil Court was filed in 2013 by Lord Sheshnagesht Teeleshwar...

Arbitration | Section 34 Application Must Be Filed Within 90 Days Limitation To Claim Exclusion Of Period When Court Remain Closed : Supreme Court

The Supreme Court has held that an application under Section 34 of Arbitration and Conciliation Act, 1996 must be filed within “prescribed period” of limitation i.e. 90 days, for seeking benefit of exclusion of period during which the Court remained closed from computation of limitation period. If the application is filed by invoking Proviso to Section 34(3) of Arbitration Act, which...

Orissa High Court Quarterly Digest: January-March, 2023

Nominal Index [Citations 1 - 50]1. Animesh Chakraborty v. State of Odisha, 2023 LiveLaw (Ori) 12. Vedanta Limited, Jharsuguda v. Union of India, 2023 LiveLaw (Ori) 23. Soli @ Sulachana Jena & Anr. v. Chief Executive Officer, NESCO (Electrical), Balasore & Anr., 2023 LiveLaw (Ori) 34. Sk. Jumman @ Badruddin v. State of Odisha, 2023 LiveLaw (Ori) 45. Santosh Kumar Nayak v. State of...

Karnataka High Court Raps Postal Officials For Opening HUF PPF Account After Withdrawal Of Scheme, Orders Payment Of Interest

The Karnataka High Court recently came to the rescue of a 48 years old Bengaluru resident who was denied interest on PPF deposits, stating that his HUF PPF account was opened irregularly after the scheme was amended.Stating that it was for the authorities to detect such irregular accounts and inform the investors immediately, a single judge bench of Justice M Nagaprasanna cautioned the...

Supreme Court Monthly Digest March 2023

SUBJECT WISE INDEXAccess to JusticeFundamental right of Access to Justice - Abolition of OAT does not violate right of access to justice as cases will be heard by High Court - The fundamental right of access to justice is no doubt a crucial and indispensable right under the Constitution of India. However, it cannot be interpreted to mean that every village, town, or city must house every forum...

Andhra Pradesh High Court Directs State To Follow Due Process In Land Acquisition For Road Widening In Narsipatnam

The Andhra Pradesh High Court has directed the State to follow due process of law contemplated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in acquiring the properties of residents in Narsipatnam for the purpose of widening the road."Till the property of the petitioners is acquired by following due process of law as...