BREAKING| Kerala High Court Grants Anticipatory Bail To Actor-Producer Vijay Babu In Rape Case Subject To Conditions

The Kerala High Court on Wednesday granted pre-arrest bail subject to conditions to Malayalam actor-producer Vijay Babu's plea in the case where an actress accused him of sexually exploiting her.Justice Bechu Kurian Thomas allowed the anticipatory bail plea with a condition that limited custody of the actor shall be available to the investigating officer. The following conditions have also...

S.306/307 CrPC | Pardon Can Be Tendered To Any Person Privy To The Offence, Not Only The Accused: Kerala High Court

The Kerala High Court has held that under Sections 306 and 307 of the Code of Criminal Procedure (CrPC), a pardon can be granted to any person even if they have not been arraigned as an accused in the final report, as long as they were privy to the offence.A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran opined so after observing that the language employed in Sections...

'Parity Of Punishment': Gujarat High Court Reduces Deduction Of Pension From 100% To 25% Of Sub-Inspector Accused Of Aiding Escape Of Prisoner

Emphasising on the principles of proportionality and parity while determining punishment, the Gujarat High Court has reduced punishment of deduction of pension from 100% to 25% imposed on a sub-inspector accused of aiding an under-trial to escape police custody. The Petitioner-accused challenged the order of 2015 passed by the Respondent-State wherein the Petitioner's monthly...

Delay In Conclusion Of Proceedings Can't Be A Reason To Reject An Application U/S 311 CrPC: Allahabad High Court

The Allahabad High Court has recently observed that a delay in the conclusion of the proceedings/trial should not be the reason for the rejection of an application under Section 311 Cr.P.C.The bench of Justice Shekhar Kumar Yadav observed thus as it quashed an order of the Trial Court wherein an application moved under Section 311 CrPC was rejected noting that the case had been pending for...

"State's Duty To Provide Protection & Prevent Untoward Incident": Madras High Court On Plea Seeking Police Protection At AIADMK Meet

While allowing a petition seeking police protection for the Executive Council and General Council Meeting of All India Anna Dravida Munnetra Kazhagam (AIADMK) to be held on June 23, the Madras High Court observed that the State had a duty to provide necessary protection and to prevent any untoward incident in the form of violence. The bench of Justice N Sathish Kumar made the observations on...

Posting Anticipatory Bail Plea After 2 Months Can't Be Appreciated : Supreme Court Criticises High Court

Stating that "in a matter involving personal liberty, the Court is expected to pass orders in one way or other taking into account the merits of the matter at the earliest", the Supreme Court has observed that "posting an application for anticipatory bail after a couple of months cannot be appreciated". The bench of Justices C. T. Ravikumar and Sudhanshu Dhulia was hearing an SLP against a June...

Can't Permit Single Mother To Sell Minor's Share In Property Under Garb Of Child's Maintenance Sans Material Detailing Income & Expenses: Gujarat HC

The Gujarat High Court has held that even if a mother seeks to sell off the property of her minor child, despite her being a natural guardian, she can be looked at with suspicion and be denied permission to sell off such property if relevant material details are not provided. A single bench comprising of Justice Umesh A. Trivedi observed,"There is no averments either in the application...

Gujarat High Court Weekly Round Up: June 13 - June 19, 2022

NOMINAL INDEX Iqbal Hasanali Syed Versus State Of Gujarat 2022 LiveLaw (Guj) 208 Soni Anilkumar Prahladbhai V/S State Of Gujarat 2022 LiveLaw (Guj) 209 Sabirbhai Gafarbhai Multani Versus State Of Gujarat 2022 LiveLaw (Guj) 210 Hamidabanu Anawarbhai Multani & 2 Other(S) V/S Haiderbhai Bhikhabhai Bhetariya & 5 Other(S) 2022 LiveLaw (Guj) 211 M/s MBR Flexibles Ltd....

State Constitution Does Not Provide A Fundamental Right To Abortion: lowa Supreme Court

The Supreme Court of the State of Iowa (in the United States of America) has held that the State Constitution is not a source to claim abortion as a fundamental right. In holding so, it has overruled its own decision rendered four years back in Planned Parenthood of the Heartland v. Reynolds (PPH II) (2018) ('PPH II'), wherein it was ruled that right to abortion is a fundamental right...

Bulli Bai App Case : Mumbai Sessions Court Grants Bail To Neeraj Bishnoi, Alleged App Creator & 2 Others

A Sessions Court in Mumbai granted bail to three accused – Aumkareshwar Thakur, Neeraj Bishnoi and Neeraj Singh in the Bulli Bai App Case wherein several vocal Muslim women were being advertised for an online auction. Additional Sessions Judge AB Sharma granted bail in the case registered by Cyber Police Mumbai on execution of a personal bond of Rs. 50,000 and one or two sureties of the...

WB Assembly Passes Taxation Tribunal (Amendment) Bill; State Govt To Appoint Chairman & Judicial Members Instead Of Governor

The West Bengal Assembly on Monday passed the West Bengal Taxation Tribunal (Amendment) Bill, 2022 which seeks to replace the Governor with the State Government as the appointing authority of the Tribunal Chairman and judicial members in consultation with the Chief Justice of the Calcutta High Court.Henceforth, the technical member of the Tribunal will also be appointed by the State...

Report By A Surveyor Is An Important Piece Of Evidence And Has To Be Given Due Weightage; NCDRC

The bench of National Commission comprising C. Viswanath, Presiding Member has observed that, the report submitted by a surveyor is an important piece of evidence and has to be given due weight, though it is not sacrosanct and can be ignored, provided there is cogent evidence otherwise. In this case, the Appellant (Insured) is a proprietor of M/s Britolite Industries. He took...