Charge U/S 412 IPC Of Retaining Stolen Articles Of Dacoity Fails Automatically If Prosecution Fails To Prove Offence Of Dacoity: Calcutta High Court

The Calcutta High Court on Wednesday observed that if the prosecution has failed to prove the charge of dacoity then the charge under Section 412 of the IPC of retaining the stolen articles of dacoity fails automatically.Section 412 of the IPC provides that whoever dishonestly receives or retains any stolen property, the possession whereof he knows or has reason to believe to have...

SARFAESI Act | State Can't Claim Preference Over Subject Property For Recovery Of Dues Towards Tax In Auction Proceedings Of A Secured Asset: Gujarat HC

"What came to be purchased by the writ-applicant in the auction proceedings conducted by the Bank of Baroda was a secured asset under the provisions of the SARFAESI Act. In such circumstances, the State cannot claim preference over the subject property for the purpose of recovery of the dues towards tax. It is not in dispute that the first charge was created in favour of the bank and...

Appointment Of A New Arbitrator Who Holds Proceedings At A Different Location Would Not Change Jurisdictional 'Seat' Already Fixed By Earlier Arbitrator : Supreme Court

The Supreme Court observed that the appointment of a new arbitrator who holds the arbitration proceedings at a different location would not change the jurisdictional 'seat' already fixed by the earlier or first arbitrator.The place of arbitration in such an event should be treated as a venue where arbitration proceedings are held, the bench of Justices Ajay Rastogi and Sanjiv...

Denying Bail For Offence Yet To Be Investigated Merely Because Accused Is Habitual Offender Is "Unjust": Karnataka High Court

The Karnataka High Court has observed that merely because a person is alleged to be habitual offenders or have criminal antecedents, keeping them in jail for an offence which is yet to be investigated is 'unjust'. A single judge bench of Justice M Nagaprasanna made the observation while allowing the petition filed by one Injamam Shariff and granted him bail. The accused was arrested...

"Every Millisecond Of Unnecessary Detention Interferences With Rights": Delhi Court Releases UAPA Accused On Interim Bail

A Delhi Court has released an accused charged under Unlawful Activities (Prevention) Act on interim bail while observing that every millisecond of unnecessary detention makes a substantial difference and tantamounts to an unwarranted interference with the rights of the accused.Habibur Rehman was accused of being a member of a crime syndicate involved in trading in Fake Indian Currency...

Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-116]

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Nature Of Feedback About Candidates For Judgeship Dependent On Who Is Asked : Justice Chandrachud

Justice DY Chandrachud on Tuesday observed that the nature of feedback received about a candidate who is being considered for appointment as a judge is subjective and is dependent on the person who is asked.The remark was made by Justice Chandrachud drawing on his experience presently as a member of the Supreme Court Collegium and earlier as the Chief Justice of the Allahabad High Court."I...

[80 Yr Old Woman's Rape-Murder Case] "Relationship Not A Factor Affecting Credibility Of Witness": Allahabad HC Upholds Life Sentence

The Allahabad High Court on Tuesday observed that relationship is not a factor affecting the credibility of a witness as there is no bar in law on examining family members as witnesses. The Court also stressed that evidence of a related witness can be relied upon provided it is trustworthy.The bench of Justice Suneet Kumar and Justice Vikram D. Chauhan observed thus while upholding the...

'Atlantis Resorts Enjoy Enormous Global Reputation': Delhi High Court Grants Interim Injunction Against Use Of Infringing Marks

The Delhi High Court recently granted injunction in favour of Kerzner International, a company which owns the chain of Atlantis resorts in Dubai, Bahamas and China, against one Vokas Aggarwal using the mark 'Atlantis Park Ballroom' in respect of a banquet hall.Though the resort is not situated in India, Justice Prathiba M Singh observed,"Plaintiff's mark 'ATLANTIS', owing to the unique...

Entitlement To Resumption Of Citizenship Can't Be Denied To A Child Who Was In Womb At Time Of Renunciation By His Parents: Madras High Court

The Madras High Court has recently observed that a foetus or embryo acquires the status of a 'minor child' for the purposes of Section 8 of the Indian Citizenship Act and hence, such an embryo acquires the citizenship of its parents.It added that if the parents of such 'minor' renounce their citizenship while the child is in his mother's womb, the child will be entitled to seek resumption...

NEET SS 2021 : Supreme Court Dismisses MD/MS Doctors Plea Seeking Reduction Of Eligibility Cut Off

The Supreme Court on Wednesday dismissed a writ preferred by MD/MS Doctors seeking a reduction of eligibility cut off for qualifying for registering and appearing for the Mop-Up/Stray Vacancy round being organized by the Medical Counseling Committee ("MCC") for NEET SS 2021.The Court had earlier dismissed a similar plea by a University.The bench of Justices DY Chandrachud, Surya Kant and...

How Many Corpses Were Floating In Ganga During Covid-19 Pandemic? NGT Asks Bihar & UP Govts

The National Green Tribunal recently sought reports from the governments of Uttar Pradesh and Bihar about the number of human corpses found floating on the river Ganga as well as the bodies that were buried in the river bed in the two states during the period of before the COVID-19 pandemic till March 31 this year. A Bench of Justice Arun Kumar Tyagi and expert member Dr Afroz Ahmad...