Trial Court Not Bound To Conduct Enquiry U/S 329 CrPC Merely On Counsel's Submission That Accused Is Of Unsound Mind: Kerala High Court

The Kerala High Court recently held that a trial court is not bound to conduct a detailed enquiry into whether an accused is of unsound mind simply based on a submission made by the counsel for the accused.A single bench of Justice K Babu observed,“If there is something in the demeanour of the accused or in the facts of the case, which raise doubt in the mind of the Court that the accused is...

FIR Over Comment Against PM : Supreme Court Extends Interim Bail To Congress Spokesperson Pawan Khera Till March 3

The Supreme Court on Monday extended the interim bail granted to Congress Spokesperson Pawan Khera who was arrested by Assam police from Delhi airport over his comment about Prime Minister Narendra Modi till 3rd March 2023. The matter was listed today before the bench comprising CJI DY Chandrachud, Justice PS Narasimha, and Justice JB Pardiwala. On February 23, the Court had allowed him ...

Driver With LMV Licence Can Drive Transport Vehicle Weighing Less Than 7500KG: Rajasthan High Court Relies On 'Mukund Dewangan' Decision

The Rajasthan High Court has reiterated that a person holding license to drive Light Motor Vehicle (LMV) is permitted to drive ‘Transport Vehicle’ in terms of the ratio laid down by the Supreme Court in Mukund Dewangan v. Oriental Insurance Company Limited.In Mukun Dewangan (supra) a 3-Judge bench of the Top Court held that transport vehicles, the gross vehicle weight of which does not...

'You Want To Keep The Country On Boil? Don't Belittle Hinduism's Greatness' : Supreme Court Dismisses Ashwini Upadhyay's Plea To Rename Cities

"There is no bigotry in Hinduism", the bench orally told the petitioner.

North East High Courts Weekly Roundup [February 20 - February 26, 2023]

Weekly round up of LiveLaw's coverage from High Courts of Gauhati, Manipur, Meghalaya, Sikkim and Tripura:Gauhati High CourtNominal Index:Jagat Chetri v. The Union of India & 5 Ors 2023 LiveLaw (Gau) 29Deep Jyoti Nath Vs State Of Assam 2023 LiveLaw (Gau) 30Babul Ahmed v. The Union of India & 5 Ors 2023 LiveLaw (Gau) 31Babul Ahmed v. The Union of India & 5 Ors 2023 LiveLaw...

Joint Locker Hirer Not Liable To Secure Letter Of Administration To Operate Locker Upon Death Of One Of Hirers: Kerala High Court

The Kerala High Court recently held that a joint owner of a locker is entitled, as of right, to operate the locker, independent of the other owner, and thus, would not have to secure any letters of administration or probate under Section 29 of the Administrators-General Act, 1963, pursuant to the death of the other owner. Perusing Section 218 of the Indian Succession Act, 1925, that stipulates...

Bombay High Court Weekly Round-Up: February 20 To February 26, 2023

Nominal Index [Citation 110 - 119]Mahipati Antu Jadhav v. State of Maharashtra 2023 LiveLaw (Bom) 110Sunil Rama Kuchkoravi v. State of Maharashtra 2023 LiveLaw (Bom) 111Ms. M. V. Nordlake GmbH v. Union of India 2023 LiveLaw (Bom) 112Pr. Commissioner of Income-Tax v. Godrej & Boyce Mfg. Co. Ltd. 2023 LiveLaw (Bom) 113ACC Ltd. v. Dr. Rustum Samboyce And Ors. 2023 LiveLaw (Bom) 114Naresh...

Toolkit Case: Delhi High Court Asks Centre About Current Status Of Investigation Against Disha Ravi

The Delhi High Court on Monday directed the Union of India to file a response on the current position and status of investigation against climate activist Disha Ravi relating to the case against her in connection with the “toolkit” over 2021 farmers protests.Justice Prathiba M Singh was hearing Ravi’s plea seeking to restrain Delhi police from leaking to the media any investigation...

CCI To Decide Whether It Has Jurisdiction To Investigate Alleged Cartelization By Debt Trustee Units Of IDBI, Axis & SBICap: Bombay High Court

The Bombay High Court on Tuesday disposed of four petitions challenging Competition Commission of India’s investigation into alleged cartelization and price fixing by debenture trustee units of Axis, SBICap and IDBI.A division bench of Justice G. S. Patel and Justice Neela Gokhale kept all contentions including the issue of jurisdiction open and stated that the CCI will have to decide...

Bombay High Court Quashes FIRs Against Congress Worker Sandeep Kudale For Social Media Posts Against BJP’s Chandrakant Patil

The Bombay High Court on Monday quashed two FIRs against Congress party worker Sandeep Kudale and imposed Rs. 25,000 costs on the State to be recovered from the salary of the police officer for wrongful arrest.Kudale was arrested on December 11, 2022 by the Pune Police under sections 153A(1)(a) and 153A(1)(b) of the IPC (promoting enmity between different groups) for a social media post...

[BAIL] Questions & Answers By Justice V. Ramkumar-Cancellation Of Bail-PART-II

Q.6 Can the default bail granted by the Magistrate under Section 167 (2) Cr.P.C be cancelled and if so, what is the provision for cancellation ?Ans. Every person released on default bail granted by the Magistrate under Section 167 (2) Cr.P.C. is, by virtue of the last portion of paragraph (a) of the proviso to Section 167 (2) Cr.P.C., deemed to be released under Chapter XXXIII. So, such...

Requesting Ledger/Statement From Operational Creditor Is Not Admission Of Claim, Does Not Renew Limitation: NCLT Indore

The National Company Law Tribunal (“NCLT”), Indore Bench comprising of Dr. Madan B. Gosavi (Judicial Member) and Shri Kaushalendra Kumar Singh (Technical Member), while adjudicating an application filed in Oswal Pumps Limited v Bhopal Tractors Pvt. Ltd., has held if a Corporate Debtor merely requests statements or ledger from the Operational Creditor for verification, then such...