Murder Trial - Supreme Court Applies "Sustained Provocation Principle"; Gravity Of "Provocation" Can Be Assessed Based On History Of Abuse

The Supreme Court observed that, for the purpose of Exception 1 of Section 300 IPC, the last provocation has to be considered in light of the previous provocative acts or words, serious enough to cause the accused to lose his self-control.The bench comprising Justices Sanjiv Khanna and Bela M. Trivedi also clarified that this principle does not do away with the requirement of immediate or...

Bond For Keeping Peace/ Good Behaviour: Calcutta High Court Formulates Guidelines For Executive Magistrates Exercising Jurisdiction U/S 111 CrPC

The Calcutta High Court has formulated guidelines for Executive Magistrates exercising jurisdiction under Section 111 of the Code of Criminal Procedure (CrPC), requiring persons who are in custody to execute bonds for keeping peace/ good behaviour under Sections 107-110 of the Code. A single judge bench of Justice Tirthankar Ghosh directed:(a) The production warrant should accompany a copy...

Income Tax Authorities Cannot Impose Conditions Beyond The Scheme Of Law While Granting Registration To Charitable Institutions: ITAT

The Mumbai Bench of the Income Tax Appellate Tribunal (ITAT) has ruled that the Income Tax Authorities cannot impose additional conditions beyond the scheme of law while granting registration to charitable institutions and trusts under Section 12A of the Income Tax Act, 1961. The Bench, consisting of Pramod Kumar (Vice President) and Aby T Varkey (Judicial Member), held...

Denial Of Speedy Trial Infringes Fundamental Right Under Article 21, May Be A Ground For Grant Of Bail: Delhi High Court

The Delhi High Court has held that speedy trial form an intrinsic part of Article 21 of the Constitution and the denial of same may be a ground for bail in certain circumstances. The single judge bench comprising Justice Jasmeet Singh noted that denial of bail without any possibility of the trial concluding anytime soon would cause an infringement of the accused person's right guaranteed...

Cash Gifts Received From Close Relatives To Treat Cancer Can't Be Termed As "Unexplained": ITAT

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT) has deleted the addition and held that the cash gifts received by the assessee from her close relatives to treat her husband suffering from cancer cannot be treated as "unexplained". The bench of Anil Chaturvedi (Accountant Member) has observed that the assessee discharged her initial onus by proving...

Sanction U/S 137 Customs Act Not Required For Prosecution On Charges Under Prevention Of Corruption Act: Karnataka High Court

The Karnataka High Court has held that sanction under Section 137 of the Customs Act, to prosecute an officer of the Customs Department, charged under the offences punishable under the Prevention of Corruption Act, is not required.It observed that sanction accorded under Section 19 of the Prevention of Corruption Act was sufficient. A single judge bench of Justice Dr. HB Prabhakara...

Uddhav vs Shinde : Defection Or Inner Party Dissent? Supreme Court Hears Preliminary Arguments

The Supreme Court on Wednesday heard the preliminary arguments in the cases relating to dispute between Uddhav Thackeray and Eknath Shinde arising out of the rift within the Shiv Sena political party.After hearing the senior lawyers appearing for both sides for over an hour, the bench adjourned the hearing till tomorrow morning, asking Senior Advocate Harish Salve...

Maternity Benefit Act Applies To Any Establishment As Defined Under Any Law In Force In State ; Applicable To Contract Employees : Kerala High Court

The Kerala High Court recently ruled that female officers appointed on a contract basis are entitled to the benefit of the Maternity Benefit Act. The Court further ruled that the term 'establishment' under the Act can be any establishment within the meaning of any law that is in force in the State in relation to establishments.Upon examining the relevant provisions and precedents, the...

Former IPS Officer Sanjiv Bhatt Withdraws Plea In Supreme Court For Sentence Suspension In Custodial Death Case

The Supreme Court on Wednesday dismissed as withdrawn former IPS officer Sanjiv Bhatt's plea seeking suspension of sentence in the 1990 custodial death case in view of the Gujarat High Court now hearing his appeal against the conviction.When the matter was taken today, Senior Advocate Kapil Sibal, appearing for Bhatt, submitted that the petition is being withdrawn as the Gujarat High Court...

S.143A NI Act | Court Not Obliged To Direct Payment Of Interim Compensation In Cheque Bounce Cases: Bombay High Court

The Bombay High Court has said that courts don't have a duty to grant interim compensation to the complainant in a cheque bounce case. If interim compensation is granted, the judge has to record reasons for determining the amount of interim compensation. The court said that the provisions of section 143-A of the Negotiable Instruments Act, 1881 are directory rather...

Govind Pansare Murder: Bombay High Court Directs Transfer Of Probe To Anti-Terrorism Squad

The Bombay High Court said it will pass orders transferring investigation into the 2015 murder of communist leader Govind Pansare from the Special investigations Team to the ATS's Anti-Terrorism Squad, seven years after the leader was shot at on his morning walk. A division bench comprising Justice Revati Mohite Dere and Justice Sharmila Deshmukh said they will pass an order to that...

Proceedings Under Domestic Violence Act Civil In Nature, Can Be Transferred To Family Court With Victim's Consent: Madras High Court

The Madras High Court has held that proceedings under the Protection of Women from Domestic Violence Act, though before a Magistrate, are civil in nature. It observed that the intention of the legislature in enacting the Domestic Violence Act was to ensure civil law remedies to the victims of domestic abuse by adopting criminal procedure.The court also held that since the legislature had...