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Supreme Court Recommends Union Govt To Introduce Separate Act To Streamline Grant Of Bail; Sets Timeline For Disposal Of Bail Pleas
The Supreme Court on Monday recommended the Union Government to introduce a special enactment in the nature of a "Bail Act" to streamline the grant of bail."The Union of India may consider the introduction of a separate enactment in nature of a bail act, so as to streamline the grant of bails", a bench comprising Justices Sanjay Kishan Kaul and MM Sundresh observed in the judgment in the...
Hindu Marriage Act | Able-Bodied Husband Having Earning Capacity Can't Seek Permanent Alimony From Wife: Karnataka High Court
The Karnataka High Court has held that an able bodied man having the capacity to earn cannot seek for permanent alimony on divorce from his wife. A division bench of Justice Alok Aradhe and Justice J M Khazi dismissed the appeal filed by one T.Sadananda Pai, seeking permanent alimony from his wife under section 25 of the Hindu Marriage Act. The bench said, "The appellant is an...
Utmost Precaution Needed While Finding Accused Guilty On The Basis Of Circumstantial Evidence: Allahabad High Court
The Allahabad High Court recently observed that the Court shall take utmost precaution in finding the accused guilty only on the basis of circumstantial evidence. With this, the Court upheld the acquittal order passed by Assistant Sessions Judge, Mirzapur in an attempt to murder case (Section 307 IPC).The Bench of Justice Om Prakash-VII and Justice Umesh Chandra Sharma noted that the witnesses...
'No Locus': Gujarat High Court Dismisses Plea Seeking CID Probe Into Alleged Corruption & Irregularities In Agriculture Produce Market
The Gujarat High Court recently dismissed a plea seeking probe by specialized agency like CID (Economic Offences Wing) or Anti-Corruption Bureau into alleged corruption and financial irregularities of "millions of rupees" in the Agriculture Produce Market.Justice Nirzar Desai observed that the complainant (Applicant herein) could not establish his locus standi and that he could not point out...
Kerala High Court Reserves Verdict In Monson Mavunkal's Bail Pleas In Sexual Assault Cases
The Kerala High Court on Monday reserved its verdict on the bail applications moved by infamous fake antique dealer Monson Mavunkal in a batch of cases where several women have accused him of sexually abusing them. Justice Bechu Kurian Thomas reserved orders in the cases, one of them being a POCSO case, after hearing all the parties. The parties concluded their arguments today. Advocate...
Special CBI Court Refuses Default Bail To Former Maharashtra Home Minister Anil Deshmukh In Corruption Case
A special CBI court on Monday refused bail to former Home Minister of Maharashtra, Anil Deshmukh, in a corruption case related to police transfers and postings.The order was passed by Special Judge SH Gwalani, who also refused default bail to the NCP leaders co-accused Sanjeev Palande and Kundan Shinde on a plea seeking default bail. The NCP leader contended that the charge sheet...
Authority Exercising Revisional Jurisdiction Cannot Evaluate Comparative Merits Of Parties Competing For Appointment: Punjab & Haryana High Court
The Punjab and Haryana High Court has made it clear, in this case with respect to appointment of Lambardar, that an authority exercising revisional jurisdiction cannot compare merits and de-merits of the parties involved.In this case, the appointment of the petitioner as Lambardar by the Collector was set aside by the Financial Commissioner, stating that the Collector had not considered...
Bombay Blasts Case Convict Abu Salem Has To Be Released After 25 Years Of Sentence As Per Extradition Treaty With Portugal : Supreme Court
The Supreme Court, on Monday, held that the sentence of life imprisonment imposed on Abu Salem in the 1993 Bombay Blasts case has to remitted upon the completion of 25 years from the date of his detention in Portugal for extradition to India(12.10.2005), as the sovereign commitment made by the Government of India to the Republic of Portugal at the time of extraditing Salem to India was that...
Gravity Of Offence Cannot Overweigh Legal Proof: Gujarat High Court Upholds Acquittal Of POCSO Accused
The Gujarat High Court has recently dismissed the appeal of the State Government challenging the acquittal of a person accused under the POCSO Act, citing lack of evidence. A bench of Justice SH Vora and Justice Rajendran Sareen observed:"Here in this case it is to be noted that on one side the complainant has alleged against the respondent accused regarding sexual assault upon her...
Karnataka Consumer Forum Orders Byju's To Refund Fees To Student Over Failure To Provide 'Proper Learning App'
A district consumer forum in an ex-parte order issued on May 10, directed Think & Learn Pvt. Ltd, which provides Byjus's learning app, to refund fees of a student who alleged that the ed-tech company did not provide him with a proper learning app and offered a tab which was cheaper in value than the one initially promised."The above said act of OP in not providing proper app not...
Supreme Court Asks Maharashtra Speaker To Keep In Abeyance Disqualification Proceedings Against Shiv Sena MLAs
The Supreme Court on Monday asked the Maharashtra Legislative Assembly Speaker to keep in abeyance the disqualification proceedings initiated against the members of Shiv Sena amid the ongoing political developments in the State.Both the rival camps of Shiv Sena, led by former Chief Minister Uddhav Thackeray and current Chief Minister Eknath Shinde, have initiated disqualification...
Supreme Court Sentences Vijay Mallya To 4 Months Imprisonment For Contempt Of Court; Asks Him To Deposit 40 Million US Dollars
The Supreme Court on Monday sentenced fugitive liquor baron Vijay Mallya to four months imprisonment and a fine of Rupees 2000 for contempt of court.Mallya was found guilty in 2017 for transferring USD 40 million to his children in violation of the orders passed in a case filed by a consortium of banks led by the State Bank of India.Pronouncing the sentence today, the Court said that Mallya...