Criminal Law Can't Be Used For 'Recovery Of Money' Unless Offence Of Cheating/ Criminal Breach Of Trust Is Established: Karnataka High Court

The Karnataka High Court has said that the criminal law cannot be set into motion for recovery of money paid under a contract, unless the offence of cheating or even criminal breach of trust is established. A single judge bench of Justice M Nagaprasanna allowed the petition filed by one Amit Garg and quashed the proceedings initiated against him under sections 419 and 420 of the IPC...

NDPS Act | 180 Days Adequate To Conclude Investigation, Extension Should Be Sought On Rarest Of Rare Occasions: Punjab & Haryana High Court

The Punjab and Haryana High Court while dealing with a petition against refusal of default bail to an accused under the NDPS Act, directed Director General(s) of Police, to ensure that all the investigating officers in NDPS cases, are completed within 180 days and a report under Section 173 of CrPC is submitted. For obviating the emergence of the above legal conundrum, especially when...

One Owner Out Of Co-Owners Can Seek Possession Of Entire Joint Land As Agent Of Other Co-Owners: Punjab & Haryana High Court

Punjab and Haryana High Court recently reiterated that any one owner out of the co-owners can seek possession of the entire joint land. The bench comprising Justice Manjari Nehru Kaul further added that such co-owner can seek possession of the entire joint land on his own behalf, in his own right and as an agent of other co-owners. The court relied on the judgement of the Supreme Court...

PIL Not Maintainable In Service Matters: High Court Dismisses Challenge To Appointment Of Special Officer To State Nursing Education Regulation Authority

PIL was filed by prime accused in Police Sub-Inspector Recruitment Scam.

Supreme Court Issues Notice To Centre On Pleas Challenging Extension Of ED Director's Tenure

The Supreme Court on Tuesday issued notice in the petitions challenging the order issued by the Central Government on November 17, 2021 to extend the term of the ED Director Sanjay Kumar Mishra by one more year. The petitions also challenge Central Vigilance Commission (Amendment) Act 2021which allows the extension of the term of the Director of the Enforcement of...

High Court Says Uttarkashi's Ban On "Meat Shops" Within 500 Metres Of River "Ganga" In Line With Constitutional Scheme

The Uttarakhand High Court has expressed consonance with a bye-law of Zila Panchayat, Uttarkashi, to the effect that no shop for butchering animals and selling meat within 500 metres from the bank of river Ganga shall be permitted.The bench of Justice Sanjaya Kumar Mishra said that keeping in view the "special status" of Uttarakhand and the river Ganga that emerges from District...

"Fair Criticism Is To Criticise Act & Not Individual": Delhi HC Refuses To Stay Order Directing Mint Newspaper To Take Down Article Against Gaurav Taneja

Criticise his actions, his speech but don't visit his children with these remarks, Court said.

Negotiable Instruments Act Does Not Classify Cheques As Bearer Or Account Payee; Jurisdiction Lies Where Cheque Is Delivered For Collection: Gauhati HC

The Gauhati High Court has made it clear that in offences made out under Section 138 of the Negotiable Instruments Act, the territorial jurisdiction of the Court will be where the cheque is delivered for collection. Justice Robin Phukan further added that no classification of cheque, as bearer or cross cheque/account payee cheque is made in the NI Act, for the purpose of jurisdiction."From...

'Unwarranted Attempt To Interfere With Administration of Justice':AG Seeks Contempt Against Maharashtra Wakf Board

The Attorney General for India KK Venugopal has written to the Supreme Court of India taking strong exception to the action taken by the Maharashtra State Board of Wakfs in replacing him as a counsel in a case.The AG said that such last minute change of counsel amounts to an "unwarranted attempt to interfere with the administration of justice" and went to the extent of stating that it...

Helpless Immigrants Detained In Jail Amid Lack Of Detention Centres: Karnataka Legal Services Authority Moves High Court, Notice Issued

The Karnataka High Court on Monday issued notice to the Union of India, and other respondents on a petition filed by the Karnataka State Legal Services Authority seeking directions to take immediate steps for setting up sufficient number of Detention Centres with all basic amenities in the state for the detention of the illegal immigrants awaiting deportation. A...

Kerala High Court Reserves Order In Plea Seeking To Disqualify MLA Saji Cherian Over His Remarks On The Constitution

The Kerala High Court on Tuesday reserved its verdict in the plea seeking a direction to declare that CPI(M) legislator and former minister Saji Cherian is not entitled to hold the office of MLA after his remarks allegedly insulting the Constitution sparked a controversy across the State.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly heard the parties before...

[Unauthorized E-Rickshaws] Carrying Out Surprise Checks To Prevent Plying Without Fitness Certificate: Delhi Govt Informs High Court

The Delhi Government has informed the Delhi High Court that the registration of e-Rickshaws and procurement of Fitness Certificate as well as checking of violation of the said conditions is a regular ongoing process. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad was also informed that regular checks are being conducted at various places in...