Non-Compliance With S.279, 281 CrPC Only An Irregularity But That Is Not Permission To Violate It: Kerala High Court

The Kerala High Court has ruled that failure to interpret evidence against the accused in the language they are familiar with, as mandated under Sections 279 and 281 of CrPC, may be a mere irregularity, but the prosecution is not allowed to violate these provisions.Justice PG Ajithkumar observed so in the light of precedents which establish that non-compliance with Sections 279(1), 279(2)...

Can't Allow Bail On Parity When Co-Accused Was Granted Bail Without Assigning Any Reasons: Allahabad High Court

The Allahabad High Court has observed that if bail is granted to similarly placed co-accused persons without assigning any reasons, then, on the basis of such bail orders, merely on the ground of parity, the bail application should not be allowed.Essentially, the Bench of Justice Sameer Jain was dealing with the case of one Manish who was seeking bail in connection with a murder case wherein...

Discussions About Working For Islam Not Incriminating: Bombay High Court Grants Bail To Man Accused Of IS Links After 7 Years Of Incarceration

The Bombay High Court has granted bail to a man from Parbhani, accused of taking an oath of allegiance to the banned terror organisation Islamic State and booked under the Unlawful Activities (Prevention) Act. A division bench of Justices Revati Mohite Dere and VG Bisht granted bail to Mohammad Raisuddin noting that laboratories had given divergent views connecting "oath" document...

Over 95 Lakh Cases Settled In Second Quarter Of National Lok Adalats Held In May & June In All States/UTs

The 2nd National Lok Adalat of 2022 held on June 25 and June 26 in nine states witnessed disposal of a record number of over 20 lakh cases. The National Lok Adalat was held in 7 states and 2 Union Territories namely, Maharashtra, Kerala, Goa, Andaman & Nicobar,Andhra Pradesh, Gujarat, Karnataka, Puducherry, Tamil Nadu & Telangana under the aegis of the National Legal Services...

'May Cause Mental Trauma': Delhi High Court Refuses To Interfere With Child's 9 Days' Custody To Mother For Foreign Travel

The Delhi High Court has observed that in matters relating to custody of children, Court has to give paramount consideration to the welfare of the children. A vacation bench comprising of Justice Dinesh Kumar Sharma was dealing with a plea challenging an order dated June 8, 2022 passed by the Family Court whereby the Court permitted the mother to take the child to Malaysia for a period of...

Accused Can't Be Convicted For Charge Which Is Not Framed By Trial Court: Karnataka High Court

The Karnataka High Court has set aside the conviction handed down under the Prevention of Food Adulteration Act by the trial court for a charge which it did not frame against the accused, and remanded the matter back to be considered afresh. A single judge bench of Justice H P Sandesh while allowing the petition filed by one M. Ajithkumar said "There is a glaring error on the part of...

'Turns A Blind Eye To Merit': Calcutta High Court Sets Aside Private Trust Nominations To PG Courses In Govt Medical College

The Calcutta High Court has recently set aside the nominations made to post-graduate medical courses in the Institute of Post-Graduate Medical Education & Research (IPGEM&R) by a private Trust by opining that such a process turns a blind eye to merit and that it would entail the public being on the receiving end of sponsoring future-doctors without knowing whether they are the best of...

Reasons For Handcuffing Accused Must Be Recorded In Case Diary: Karnataka High Court Awards 2 Lakh Compensation To Law Student

The Karnataka High Court has held that an accused who is arrested can normally not be handcuffed. It is only under "extreme circumstances", for instance where there is possibility of the accused/ under trial prisoner escaping custody or causing harm to himself or causing harm to others, that handcuffing of an accused can be resorted to. A single judge bench of Justice Suraj Govindaraj...

NI Act | Jurisdiction U/S 482 CrPC Can't Be Invoked To Circumvent Due Procedure Of Law: Punjab & Haryana High Court

In a case relating to dishonour of cheque wherein the limitation period for invoking proceedings under Section 138 of the Negotiable Instruments Act had elapsed, the Punjab and Haryana High Court held that the Petitioner cannot invoke Section 482 of CrPC seeking directions to indirectly restore the said right. It observed,"The process of law cannot be taken recourse to circumvent the...

Presidential Election : Supreme Court Refuses To Interfere With Rejection Of Candidate's Nomination

The Supreme Court, on Wednesday, refused to entertain the plea of Dr Mandati Thirupathi Reddy who had sought to file nomination for the ensuing election of President of India, but the same was rejected by the returning officer of Secretary General, Lok Sabha, Parliament House. "No case to interfere by this court is made out. Dismissed."A vacation Bench comprising Justices Surya Kant...

All High Courts Weekly Round-Up: June 20 - June 26, 2022

Allahabad High Court NOMINAL INDEX Madhusudan Shukla Vs. State Of U.P.And Another 2022 LiveLaw (AB) 299 M/S Ramom Motion Auto Corp. Pvt. Ltd. Thru.Dir.Krishna Agarwal And Others v. Debt Recovery Appellate Tribunal Thru.Registrar And Others 2022 LiveLaw (AB) 300 Rajani v. Vipul Mittal And 4 Others 2022 LiveLaw (AB) 301 Malhan And 17 Others Vs. State Of U.P. And...

BREAKING| Supreme Court Allows Jailed MLAs Nawab Malik & Anil Deshmukh To Participate In Tomorrow's Floor Test In Maharashtra Assembly

Supreme Court has allowed Jailed Maharashtra MLAs Nawab Malik and Anil Deshmukh to participate in the floor test, which the Governor has ordered to be held tomorrow to test the majority of the Maha Vikas Aghadi Government.Advocate on Record Sudhanshu Choudhari mentioned the petition before a vacation bench of Justices Surya Kant and JB Pardiwala at 1 PM today for urgent hearing today...