School Girl Injured After Conductor Signals Driver To Move While She Was Boarding The Bus: Kerala High Court Upholds Conviction U/S 308 IPC

The Kerala High Court recently ruled that a conductor of a stage carriage bus, ringing its bell and signalling the driver to move forward when a passenger was boarding it thereby causing serious injury to the passenger is an act punishable under Section 308 of the Indian Penal Code.Section 308 punishes the attempt to commit culpable homicide.Justice P.G. Ajithkumar held so after finding that...

[Rape Conviction Appeals] Identify All Appeals Pending Before HC U/S 374 (4) & 377 (4) CrPC: Patna HC Directs Its Registry

The Patna High Court on Tuesday directed the Registry to take all necessary measures to identify those appeals which are pending before HC and are covered by sub-section (4) of Section 374 or sub-section (4) of Section 377 of the Code of Criminal Procedure.It may be noted that Section 374 (4) CrPC mandates that when a person convicted under section 376, section 376A, section 376AB, section...

ITAT Upholds Addition On Account Of Manipulation And Rigging Of Shares Via Penny Stock Company

The Delhi Bench of the Income Tax Appellate Tribunal (ITAT), consisting of Saktijit Dey (Judicial Member), has upheld the addition on the grounds that there was an astronomical increase in the price of the shares due to price manipulation and rigging. The assessee/appellant is a resident Hindu Undivided Family (HUF). For the assessment year under dispute, the assessee filed its...

CWG 2022: Delhi High Court Asks Indian Olympic Association If It Will Increase AFI Quota For Including High Jumper Tejaswin Shankar & Other Athletes

The Delhi High Court on Friday said that it is hopeful that the Indian Olympic Association (IOA) would increase the Athletics Federation of India (AFI) quota for participation in the 2022 Birmingham Commonwealth Games so that all five additionally selected athletes, including High Jumper Tejaswin Shankar, are included in the Commonwealth contingent.The development came after the...

Application To Settlement Commission May Be Filed By Any Person To Whom A Show Cause Notice Is Served Charging Him With Customs Duty: Bombay High Court

The Bombay High Court has held that a person who may not be an importer or exporter can still file an application under section 127-B of the Customs Act, 1962 before the Settlement Commission if he is served with a show-cause notice charging him with customs duty.=The division bench of Justice K.R. Sriram and Justice Prithviraj K. Chavan has observed that the term "any...

Gujarat Riots - Mere Failure Or Inaction Of State Administration No Basis To Infer Conspiracy : Supreme Court In Zakia Jafri's Plea

Dismissing the appeal filed by Zakia Jafri challenging the clean chit given by the SIT to Narendra Modi and 63 other state functionaries in the Gujarat riots case, the Supreme Court observed that conspiracy cannot be inferred on the basis of mere failure or inaction of the state administration."Conspiracy cannot be readily inferred merely on the basis of the inaction or failure of the...

'Legal Heir' Certificate Issued By Tahsildar Only Reflects Relationship With Deceased, Does Not Affect Status Of Heir Under Personal Law: Madras High Court FB

A three-judge bench of the Madras High Court recently decided upon the powers of a Tahsildar to issue a Legal Heirship Certificate in matters of intestate-succession for Class-II heirs. The bench of Justice PN Prakash, Justice R Hemalatha, and Justice AA Nakkiran opined that the concept of heirship is determined through the various personal laws. Thus, the Legal Heirship Certificate...

Letting Seat In Super-Speciality Course Go Vacant Won't Serve Anyone's Interest: Delhi High Court Grants Relief To Doctor Seeking Admission In AIIMS

The Delhi High Court has directed All India Institute of Medical Sciences (AIIMS) to admit a doctor in its specialised course, namely M. Ch. Minimal Access Surgery & General Surgery, in the next academic session, commencing from July, 2022. Justice Sanjeev Narula was of the view that justice would be served in allowing the doctor to join the said course and that to allow the seat to...

A Non-Performing Judiciary Can't Be Said To Be Independent : Justice JB Pardiwala, Supreme Court Judge

"We often talk of an independent judiciary- what do we mean by an independent judiciary? For a judiciary to be independent, it has to be a performing judiciary. A non-performing judiciary cannot be said to be independent. When I say performing judiciary, it means that every judge is free to decide matters before him in accordance with his assessment of the facts and his understanding of the...

Delhi High Court Permanently Restrains Retail Store From Selling Any Counterfeit Product Under 'Hettich' Trademark & Logo

The Delhi High Court has restrained a retail store from selling any counterfeit product or any other related goods under the trademark and trade name HETTICH and HETTICH Logo.Justice Jyoti Singh was dealing with a suit filed by Heettich Marketing-Und Vertriebs Gmbh & Co. against a retail store namely Gupta Store seeking to restrain it from infringing the trademarks 'HETTICH' and its...

Hyderpora Encounter : Supreme Court Grants Urgent Listing For Plea To Exhume Body Of Amir Magre

The Supreme Court on Friday agreed to list on June 27, 2022 a Special Leave Petition preferred by Latif Magrey, father of Amir Magrey who was killed in Hyderpora Encounter in Srinagar assailing order passed by Jammu and Kashmir High Court of staying the exhumation of his son's body. The SLP challenging order dated June 3, 2022 was mentioned by Senior Advocate Anand Grover...

There Cannot Be Any 'Deemed Forest' Under The Forest Conservation Act: Karnataka High Court Reiterates

The Karnataka High Court has reiterated that a land can either be a "forest" or a "forest land", but there cannot be any "deemed forest" in absence of any provision under the Forest Conservation Act. A division bench Chief Justice Ritu Raj Awasthi and Justice Ashok S Kinagi while allowing a petition filed by one DM Deve Gowda said, "This Court, vide judgment and order dated...