Delhi High Court To Hear Ex-Haryana CM Om Prakash Chautala's Habeas Corpus Plea Alleging Illegal Incarceration On August 16

Former Haryana Chief Minister Om Prakash Chautala has moved the Delhi High Court alleging illegal incarceration in connection with a disproportionate assets case, claiming that he had already undergone more than 4 years of sentence.On May 27 this year, the Trial Court had convicted Chautala for the offence under sec. 13(1)(e) of the Prevention of Corruption Act, 1988. He was sentenced to 4...

Already Admitted Criminal Appeal Against Conviction Cannot Be Dismissed On The Ground That Accused Is Absconding : Supreme Court

The Supreme Court observed that an already admitted appeal against conviction cannot be dismissed on the ground that the accused is absconding.In this case, the accused was convicted by the Trial Court under Sections 302 and 120B of the Indian Penal Code (IPC) and Section 27(1) of the Arms Act, 1959. He filed appeal before the High Court under under Sub-Section (2) of Section 374 of the Code...

Supreme Court Recalls Cost of Rs 50K Imposed On 2 Lawyers For Filing Plea To Allow Vehicles To Run Till End Of Registered Life

The Supreme Court on Thursday recalled the cost of Rs 50,000 which it had imposed on two lawyers while dismissing a writ petition filed by them seeking to allow the vehicles to run till the end of their registered life in both diesel and petrol variants. While granting the relief, the bench of Justices BR Gavai and PS Narasimha in their order said, "Every lawyer is an officer of...

Delhi Court Directs Presence Of Jail Superintendent In Sharjeel Imam's Plea Alleging Assault Inside Jail, Calls For CCTV Footage

A Delhi Court today directed presence of the Jail Superintendent in a plea moved by Sharjeel Imam, presently in judicial custody in connection with the North East Delhi riots of 2020, alleging that he was assaulted and harassed inside jail and was called terrorist and anti national.Additional Sessions Judge Amitabh Rawat also directed that the CCTV footage all the cameras for the date of...

Court Barred U/S 468(2)(c) CrPC From Taking Cognizance If Charge Sheet For Offence With 3 Yrs Punishment Not Filed In 3 Yrs Of Incident: Karnataka HC

The Karnataka High Court has said that Section 468(2)(c) of CrPC specifies that no court shall take cognizance of the offences punishable with imprisonment for a period of three years after the expiry of three years from the date of alleged incident. A single judge bench of Justice Hemant Chandangoudar while allowing the petition filed by one Karan Menon said, "In the present...

CBI Investigation Can't Be Ordered On Mere Asking By Defacto Complainant; Mere Allegations Against Police Not Sufficient : Supreme Court

The Supreme Court, on Thursday, held that when a citizen, who is a de facto complainant, approaches the Court seeking direction to the Central Bureau of Investigation (CBI) to investigate allegations of commission of cognizable offence by high Government officials or influential persons, the same ought not to be granted on mere asking. Indicating that it is trite law, the Apex Court...

"Ring Of Truth" : Supreme Court Lays Down Principles For Appreciation Of Ocular Evidence In Criminal Case

The Supreme Court, in a judgment delivered in a criminal appeal, laid down principles for appreciation of ocular evidence in a criminal case.In assessing the value of the evidence of the eyewitnesses, two principal considerations are (1) whether, in the circumstances of the case, it is possible to believe their presence at the scene of occurrence or in such situations as would make it...

Plea To Enforce Fundamental Duties : Centre Seeks Two More Months Time To File Response In Supreme Court

Giving one last opportunity, the Supreme Court on Thursday granted two months' time to the Central government to file a comprehensive response in a plea seeking well defined laws/rules to ensure that the citizens perform their Fundamental Duties properly.Fundamental duties have been inserted in Part IV-A of the Constitution of India.A Division Bench of Justice SK Kaul and Justice MM Sundresh...

Fixing Time Period For Completing Disciplinary Proceedings Causing More Complications, Says Supreme Court

Very many times, fixing of time period for completing disciplinary proceedings causes more complications and harm rather than serving the cause of justice, the Supreme Court observed in a judgment recently.The bench comprising Justices Dinesh Maheshwari and Krishna Murari observed that fixing of such period could only be justified if there are strong and compelling reasons for the same.If at...

NCLAT Chennai Rejects Claim Of PF Department For Delay Of 936 Days

The National Company Law Appellate Tribunal ("NCLAT"), Chennai Bench, comprising of Justice M. Venugopal (Judicial Member) and Shri Kanthi Narahari (Technical Member), while adjudicating an appeal filed in The Regional Provident Fund Commissioner v Mr. Vasudevan, has dismissed a claim filed by the Provident Fund Commissioner after a delay of 936 days and held that no indulgence or...

NCLT Mumbai Directs Income Tax Authority To Refund TDS To Corporate Debtor Undergoing Liquidation

The National Company Law Tribunal ("NCLT"), Mumbai Bench, comprising of Justice P. N. Deshmukh (Retd.) (Judicial Member) and Shri Shyam Babu Gautam (Technical Member), while adjudicating an application filed in Asset Reconstruction Company (India) Ltd. v Precision Fasteners Ltd., has directed the Deputy Commissioner of Income Tax to refund the TDS charged from the Corporate Debtor when...

All India Muslim Personal Law Board Opposes Plea Challenging Places Of Worship Act In Supreme Court

The All India Muslim Personal Law Board (Board) has opposed the plea filed in the Supreme Court challenging the Places of Worship (Special Provisions) Act, 1991 (Act) pointing out that the legislation was enacted with a noble intention to prevent disharmony in the society.In March 2021, the Supreme Court had issued notice in the petition filed by BJP leader Ashwini Upadhyay, challenging...