Supreme Court Issues Directions To Avoid Delay In Release Of Prisoners After Getting Bail [Read 7 Directions]

The Supreme Court has issued the following guidelines on the issue of undertrial prisoners who continue to be in custody despite having been granted the benefit of bail on account of their inability to fulfill the conditions stipulated in the bail order or otherwise. “1)The Court which grants bail to an undertrial prisoner/convict would be required to send a soft copy of the bail order...

Detaining Authority Can't Subject A Person Already In Custody To Preventive Detention Without Forming Opinion On Likelihood Of Bail: Manipur HC

The Manipur High Court has said that the detaining authority has to look into whether or not a bail application has been moved by the detenue, who is already in custody, before exercising power under preventive detention laws. The detenue, who was already in judicial custody in other two cases, was detained by the District Magistrate, Thoubal under Section 3(2) of the...

'Carried Highly Explosive Substances & Objectionable Literature': Calcutta HC Upholds Life Sentence Of Pakistani National Arrested On His Way To J&K

The Calcutta High Court on Wednesday upheld the life sentence awarded to a Pakistani national belonging to terrorist organization Al-Badar, who was found to have entered Indian territory illegally through Bangladesh and was proceeding to Srinagar, Jammu & Kashmir for the purpose of carrying out terrorist activities. The convict was arrested by the Special Task Force (STF), Kolkata on...

Employees’ Salaries, Pension Paid Till December; January’s Payment Will Be Released Soon: MCD Commissioner To Delhi High Court

The Commissioner of Municipal Corporation of Delhi (MCD) Thursday informed the Delhi High Court that the salaries and pension of civic body’s employees have been paid and cleared till December last year and payment for the month of January will be done within two to three days. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was hearing a bunch of...

Lift Attachment Of Properties Attached Erroneously: Kerala High Court To Govt After State Says Assets Of Those Not Linked To PFI Also Attached

The Kerala High Court on Thursday directed that the properties of those persons who have no connection with the Popular Front of India and which were erroneously attached by the authorities have to be 'released' to them by lifting the attachment of the properties. "The 2nd respondent, [Home Department] Additional Secretary shall forthwith ensure that the properties of those persons who have...

Delhi High Court Refuses To Stay Release Of ‘Faraaz’, Directs Filmmakers To ‘Scrupulously Adhere’ To Disclaimer

The Delhi High Court on Thursday refused to stay release of filmmaker Hansal Mehta’s movie Faraaz which is based on the terrorist attack that took place on July 01, 2016, at Holey Artisan, Dhaka, Bangladesh.A division bench of Justice Siddharth Mridul and Justice Talwant Singh directed the filmmaker and producers to “scrupulously adhere” to the disclaimer which states that the film...

[Kerala Co-operative Societies Act] Mere Endorsement Of Complaint By Minister Doesn't Eliminate Registrar's Discretion To Not Order Inspection: High Court

The Kerala High Court recently held that merely because a complaint had been filed before the Minister of Co-operation alleging misappropriation of funds and maladministration by the Managing Committee members of the Primary Agricultural Co-operative Society, which was then routed to the Joint Registrar through the Registrar of Co-operative Societies, who thus ordered inspection, it could not...

Rent Controller Can 'Direct' Landlord To Sue For Eviction Of Tenant After Prima Facie Satisfaction On Permanent Tenancy Claim: Kerala High Court

The Kerala High Court recently delved upon the scope of enquiry and competency of the Rent Controller to decide on disputes pertaining to the claim of permanent tenancy under Section 11(1) of the Kerala Buildings (Lease and Rent Control) Act, 1965.The division bench of Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen observed that as per the second proviso to Section 11(1) of...

'For Parliament To Decide Whether To Allow Candidates To Contest From Two Seats' : Supreme Court Dismisses Challenge To Sec 33(7) RP Act

The Supreme Court on Tuesday dismissed a PIL challenging the constitutionality of Section 33(7) of the Representation of Peoples Act 1951, which allows a candidate to contest from two seats in elections.Observing that it is a matter of legislative policy, the bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala dismissed the PIL filed by...

[BAIL] Questions & Answers By Justice V. Ramkumar-Regular Bail-PART-VII

Q.31 Is an Officer-in-charge of a Police station empowered to grant bail in a non-bailable offence under Section 437 Cr.P.C.?Ans. Yes. Except in the cases covered by Clauses (i) and (ii) of Section 437 (1) Cr.P.C. the SHO also can grant bail in a non-bailable offence. (Vide Section 437(1), (2) and (4).Q.32 Is not an officer-in-charge of a Police station also empowered to grant bail...

Aircraft Imported For Private Purposes, No Customs Duty Exemption Allowed: Delhi High Court

The Delhi High Court has held that the aircraft was imported for private purposes and not for providing non-scheduled passenger or charter services. Therefore, the condition for customs duty exemption was not available to the assessee. The division bench of Justice Vibhu Bhakhru and Justice Amit Mahajan has observed that the appellant has not used the aircraft for providing air...

Burden Of Proof On Accused To Prove Plea Of Insanity Is One Of Preponderance Of Probability : Supreme Court

Accepting the plea of insanity, the Supreme Court recently set aside an order passed by a trial court in 2006 convicting a man for the offence of murder. The Court noted that the appellant was undergoing treatment for schizophrenia at the time of the offence which took place in 2004. There was evidence on record that prior to the occurrence, he had underwent in-patient treatment at a...