Transporting Goods In A Vehicle Without Proper E-Way Bill Is A breach, Reasons Irrelevant: Calcutta High Court Upholds Penalty

The Calcutta High Court upheld the penalty and stated that there was no requirement in law to verify the reason for transporting goods in a vehicle without a proper e-way bill.The bench of Justice Amrita Sinha has observed that the vehicle in which the goods stood transferred for being transported allegedly to the pre-recorded destination, did not have an e-way bill. The provision of Section...

BJP's Prashant Umrao Moves Delhi High Court For Transit Anticipatory Bail In FIR Over Tweet On Bihar Migrant Workers In Tamil Nadu

Lawyer and Uttar Pradesh spokesperson of BJP Prashant Kumar Umrao has moved the Delhi High Court seeking transit anticipatory bail in an FIR lodged against him by Tamil Nadu police for allegedly spreading false information in a tweet on the alleged attacks against the migrant workers from Bihar in the state. Umrao, a Delhi based lawyer and Standing Counsel for the State of Goa in Supreme...

[S.457 CrPC] Seized Articles Not Produced Before Court Can Be Released Even When Investigation Is Pending: Gauhati High Court

The Gauhati High Court recently held that the criminal court has the jurisdiction under Section 457 CrPC to give custody seized articles at the stage of investigation, when those seized property are not produced before the Court.The division bench of Justice Michael Zothankhuma and Justice Malasri Nandi was hearing a batch of petitions referred by a single judge bench to decide whether...

[Koodathayi Murder] Kerala High Court Refuses To Interfere With Sessions Court Order Dismissing Discharge Petition Of Jolly Joseph

The Kerala High Court on Monday refused to interfere with the trial court proceedings against Jolly Joseph in connection with the murder of her first husband, Roy Thomas. Jolly had filed a revision petition challenging the order of the sessions court which had dismissed her discharge petition.Jolly Joseph is the prime accused in the infamous Koodathayi murders and has been accused of...

Cattle Smuggling: Calcutta High Court Paves Way For ED To Take Anubrata Mondal To Delhi, Dismisses Challenge To Production Warrant

A special bench of Calcutta High Court on Saturday dismissed with exemplary cost, a petition filed by Anubrata Mondal, TMC’s leader and accused in West Bengal Cattle smuggling case, challenging the production warrant issued by a Special CBI Court, Delhi in PMLA case.Mondal was arrested under Section 3 (Offence of money-laundering) and Section 4 (Punishment for money-laundering) of...

Undertake Special Recruitment Drive To Fill Up Vacancies For PwDs: High Court Directs Delhi Govt

The Delhi High Court has directed Chief Secretary of the Delhi Government to undertake a special recruitment drive for filling up backlog of vacancies for persons with disabilities(PwDs) in various departments or establishments in a time bound manner.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad also set out a time schedule to be followed by the...

Vande Bharat Stone Pelting| 'Whether CM Mamata Banerjee's Alleged Statement Falls U/S 153A IPC Ambit?': Calcutta HC Seeks AG's Reply

The Calcutta High Court last week sought an explanation from the Advocate General of the state as to whether an alleged statement of Chief Minister Mamata Banerjee, made in the backdrop of the Vande Bharat Train Stone Pelting incident of January 2023, falls under the ambit of Section 153A IPC for promoting enmity between the residents of Bengal and Bihar. It may be noted that Section 153A...

Laws Needed To Address Fake News & Hate Speech In Social Media : Supreme Court Judge Justice S Ravindra Bhat

Supreme Court judge Justice S Ravindra Bhat has opined that laws are needed to tackle the proliferation of fake news and hate speech in the social media. There should be a legislation to address the issue and in its absence, there should be judicial intervention, said the judge while speaking at the Harvard India Conference last month.He said that the rapid proliferation of media via the...

Supreme Court Turns Down Plea For 50% Women Reservation In National Defence Academy

The Supreme Court has refused the plea of an aspirant to reserve fifty per cent of seats in the National Defence Academy for women. While noting that although the candidate had not secured the qualifying marks in her category, but in ‘overall merit’ would have obtained more marks than some of the male candidates admitted to the military academy, a division bench of Justices Sanjay...

Explained: What Happens To Order Of Conviction When Juvenility Of Accused Is Proved Under Juvenile Justice Act?

Under the Juvenile Justice (Care and Protection of Children) Act, 2015, a person accused of an offence at any stage can raise a claim that he or she was a minor on the date of the commission of offence. The court is legally bound to order an inquiry to determine the age and if the claim of juvenility is proved, the accused is to be forwarded to the Juvenile Justice Board for appropriate...

[Prevention Of Corruption Act] Mere Typing Error In Designation Of Person Accused While Issuing Sanction Does Not Invalidate It: Kerala High Court

The Kerala High Court recently held that merely because there is a typographical error in showing the designation of the person accused in the sanction order to prosecute such person under Section 19(1)(b) of the Prevention of Corruption Act (P.C. Act), it cannot be said that the sanction order is bad. Justice Kauser Edappagath passed the above order and observed, "For the simple reason...

Witness Examination Through Virtual Mode Does Not Affect The Rights Of Accused: Kerala High Court

The Kerala High Court recently held that the examination of a witness during trial may be conducted through video linkage mode as per the provisions of the Electronic Video Linkage Rules for Courts (Kerala), 2021 and that the same would not affect the rights of the accused.A single bench of Justice A Badharudeen noted that under Rule 8(25) Electronic Video Linkage Rules for Courts (Kerala),...