Accused Has Valuable Right To Be Heard, Revision Petition Against Order Directing Registration Of FIR Maintainable: Delhi High Court

The Delhi High Court has observed that a revision petition filed against an order directing registration of FIR is maintainable as such an order is not an interlocutory order. The accused has a valuable right to be heard, said the court.Justice Jasmeet Singh said the registration of FIR affects the fundamental right and freedom of an accused. The person can be summoned for investigation,...

Every Breach Of Promise To Marry Is Not 'Rape' : Supreme Court Acquits Man Sentenced To 10 Years Imprisonment

The Supreme Court observed that it would be a folly to treat every breach of promise to marry as a false promise and to prosecute a person for the offence of rape under Section 376 IPC.One cannot deny a possibility that the accused might have given a promise with all seriousness to marry her, and subsequently might have encountered certain circumstances unforeseen by him or the...

Don't Record Witness Testimonies In English Translations Alone; Follow Sec 277 CrPC : Supreme Court To Trial Courts

The Supreme Court has disapproved of the practice of trial judges recording the deposition of a witness only in the English language form as translated by the judge, when the witness testifies in a different language.The evidence of the witness has to be recorded in the language of the court or in the language of the witness as may be practicable and then get it translated in the language of...

Exempted Organisations Can’t Be Asked To Disclose Outcome Of Complaint About Money Laundering, Hawala Transactions Under RTI Act: Delhi High Court

The Delhi High Court has ruled that an exempted intelligence or security organisation under the Right to Information Act, 2005, cannot be asked to disclose the outcome of a complaint which does not relate to corruption or human rights violations. Setting aside a Central Information Commission (CIC) order directing the CPIO of Central Economic Intelligence Bureau (CEIB) to consider...

Centre Objects To Teesta Setalvad's NGO CJP Filing Petition Challenging Anti-Conversion Laws

In yet another development in the challenge to anti-conversion laws in different states, the central government has filed an affidavit in the Supreme Court of India objecting to the locus of social activist Teesta Setalvad's NGO 'Citizens for Justice and Peace' (CJP) . Through its petition, CJP had challenged, inter-alia, the provisions of laws in Uttar Pradesh, Uttarakhand and Himachal...

Seeking Enhanced Maintenance After Blocking Husband's Pension Amounts To 'Abuse Of Law': Calcutta High Court

While dismissing a wife’s plea for enhanced maintenance under Section 125 of the Code of Criminal Procedure (CrPC), the Calcutta High Court on Monday observed that the wife's plea praying for enhancement of maintenance after blocking a substantial source of the husband’s income amounts to an abuse of process of law. Justice Shampa Dutt (Paul) underscored,“This is a case where a...

Ex-Gratia Payment To Motor Accident Victim Under State Policy Not To Be Returned To Insurer Upon Determination Of Compensation Under MV Act: Gauhati HC

A single judge bench of Gauhati High Court today held that the ex-gratia amount granted to a motor accident victim as per State policy would not have to be returned to the insurer under section 163 (1) of the Motor Vehicles Act, 1988 upon an actual payment of compensation being made to the victim either under the provisions of the 1988 Act or under any other law...

Disciple Rape Case| Gujarat Court Convicts Self-Styled Godman Asaram Bapu, To Pronounce Quantum Of Sentence Tomorrow

A Court in Gujarat's Gandhinagar Court has convicted self-styled godman Asumal Sirumalani Harpalani (popularly known as Asaram Bapu) in the 2013 disciple rape case. The Court is set to pronounce its order on the sentence tomorrow. BREAKING: #GandhinagarCourt convicts self-styled godman #AsaramBapu in the 2013 rape case. pic.twitter.com/kWpyd5q9nG— Live Law (@LiveLawIndia) January 30,...

Extension of ED Chief’s Tenure | ‘Subsequent Legislative Change Not Ground To Recall Earlier Order’, Supreme Court Tells Centre

The Supreme Court on Monday questioned the Centre's application to recall the direction passed in September 2021 which prevented the extension of the tenure of the Director of Enforcement Directorate Sanjay Kumar Mishra beyond November 16, 2021,Subsequent legislative change cannot be a ground for recalling or modifying an earlier judgement or order, the Court orally told the Central...

Central Govt Employees Posted To Difficult Regions Like North East Not Expected To Take Families Along, Entitled To Additional HRA: Manipur High Court

The Manipur High Court recently observed that the drawing of additional HRA by a Central Government employee is permissible if the employee keeps their family in the previous station on their own or rented house after vacating the Government quarters due to transfer to the North East region.The bench comprising Justice M.V. Muralidaran clarified that only rider would be that such family...

Jet Airways Insolvency : Supreme Court Affirms NCLAT Order Directing Successful Bidder To Clear PF, Gratuity Dues Of Employees

The Supreme Court on Monday refused to interfere with the order of the National Company Law Appellate Tribunal which directed the Jalan Fritsch consortium, the successful resolution applicant for Jet Airways Ltd, to clear the gratuity and provident fund dues of the employees.A bench comprising Chief Justice of India DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala dismissed...

Authority Under Gratuity Act Cannot Condone Delay In Filing Appeal By Entertaining An Application U/S 5 Of Limitation Act: Kerala High Court

The Kerala High Court recently held that the authority under the Payment of Gratuity Act cannot condone the delay in filing an appeal by entertaining an application under Section 5 of the Limitation Act. Justice Amit Rawal, interpreted Sections 5 and 29 of the Limitation Act, as well as Section 7(7) of the Payment of Gratuity Act. The Court noted that as per Section 7(7) of the Payment...