[Statutory Bail] Bail Court Has No Jurisdiction To Go Into Merits Of The Case U/S 167(2) CrPC: Madras High Court

The Madras High Court recently reiterated that a bail court, while considering an application under Section 167(2) CrPC was not concerned with going into the merits of the case. The court had to consider such an application for default bail by considering whether the statutory period for filing a charge sheet or challan had expires, whether the charge sheet or challan had been filed...

Attorney General Says Sombebody Is Bent Upon Ensuring That He Does Not Appear In Maharashtra Wakf Tribunal Case; Narrates "Startling Events" In Letter To SC

Attorney General for India KK Venugopal has written another letter to the Supreme Court in the Maharashtra Wakf Tribunal matter, reiterating his complaint that there has been an attempt to ensure that he does not appear in the matter.Last week, AG had informed the Chief Justice of India that Maharashtra State Board of Wakfs changed his Advocate-on-Record and other lawyers who had been...

Should A 'Victim' Who Is Also A Complainant Be Asked To Obtain Leave To Appeal U/S 378 (4) CrPC If Appeal Is Filed U/S 372 CrPC?: Allahabad HC To Examine

The Allahabad High Court is set to examine an interesting question as to whether a 'victim', who is also the complainant in the case and who has preferred an appeal under Section 372 CrPC, can be asked to obtain special leave to appeal from the order of acquittal as provided under Section 378 (4) CrPC.The bench of Justice Mohd. Faiz Alam Khan has framed the following interesting question and...

Delhi Riots: Court Discharges 6 Men Of Dacoity, Upholds Charges Of Rioting & Unlawful Assembly

A Delhi Court has discharged six men of the charges of dacoity in relation to a 2020 riots case while upholding other charges of rioting and unlawful assembly against them. Additional Sessions Judge Pulastya Pramachala also discharged the accused namely Sumit, Naresh, Uday Singh, Darshan, Vinod Kumar and Devraj of the charge under sec. 436 of the Indian Penal Code which is the offence...

Convenience Of Wife Must Be Looked Into While Transferring Proceedings In Matrimonial Disputes: Kerala High Court

The Kerala High Court recently allowed a Transfer Petition observing that it is the convenience of the woman and children that has to be looked into while ordering the transfer of a case from one Court to another in matrimonial cases.Justice C. S. Dias concluded so after referring to the Apex Court decisions regarding the transfer of matrimonial proceedings. In the Transfer Petition,...

"Possibility Of Accused Being Short Tempered" : Supreme Court Modifies Conviction Of SRK's Security Guard Who Killed Colleague

In a judgment delivered last week , the Supreme Court took into account the possibility of the accused being short tempered to modify his conviction to Section 302 IPC to Section 304 Part 1 IPC."It cannot be disputed that how a person responds to a particular situation would depend upon the temperament of a particular person. A hot tempered person may react differently as compared to a...

Conviction Solely On The Basis Of Extra Judicial Confession Cannot Be Sustained: Supreme Court

Extra­ judicial confession was a weak piece of evidence and unless there was some corroboration, the conviction solely on the basis of extra ­judicial confession could not be sustained, the Supreme Court observed while upholding a High Court judgment which acquitted a murder accused.The prosecution case was that the accused had killed his wife with a lathi, dragged her 100 feet away from...

Allahabad High Court 'Depracates' Practice Of Counsels Seeking Bail For Accused Rather Than Arguing Main Matter/Appeal

The Allahabad High Court recently deprecated the practice of counsels pressing for bail application of the accused during the pendency of appeal against conviction while showing reluctance to argue the appeal/main matter.The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi observed this while dealing with a 2016 appeal filed by the accused against his conviction, wherein...

Amendment To Section 36(1)(va) Of Income Tax Act Is Prospective In Nature: Delhi High Court

The Delhi High Court has allowed the assessee- TV Today Network Ltd.'s claims for deduction of expenses in nature of 'consumption incentive' offered to the advertisers for booking more advertisement space. The Bench, consisting of Justices Manmohan and Manmeet Pritam Singh Arora, reiterated that the 'due date', in case of delay by the assessee in depositing the employees' contribution...

NCLT Issues Clarification To Spurious Notification Dated 8th August 2022 Regarding Conduct Of Online Hearing

The National Company Law Tribunal ("NCLT") has issued a notification dated 09.08.2022 clarifying that a previous spurious notification dated 08.08.2022, which was being circulated on Whatsapp since yesterday, is inauthentic and neither approved by the President of NCLT nor uploaded on the NCLT official website. Brief Background On 08.08.2022, a fabricated NCLT notification was...

No PMLA Case Without Scheduled Offence : Mumbai Special Court Applies Supreme Court's Recent Judgment

In a first after the Supreme Court's recent ruling on the Prevention of Money Laundering Act, a Special court in Mumbai ordered the interim release of two accused in a money laundering case after the accused claimed they were exonerated in the scheduled offence. Special Judge MG Deshpande relied on the Vijay MandalChaudhary and others Vs. Union of India [SLP (Crl.) No.4634 of 2014,...

"FIR Lodged Due To Political Conspiracy To Defeat Him In Loksabha Polls": UP Court Acquits MP Atul Rai In Rape Case

A Local Court in Uttar Pradesh has acquitted Bahujan Samaj Party (BSP), MP Atul Rai, in an alleged rape case filed by a 24-year-old woman as it noted that the FIR against him was lodged pursuant to a political conspiracy so as to defeat him in the 2019 Loksabha elections.The 24-year-old woman/victim, who had accused Rai of raping her in the year 2019, and her male friend had set themselves...