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Defamation | Magistrate Can't Refer Complaint About Offence U/S 500 IPC To Police For Investigation U/S 156(3) CrPC: Karnataka High Court
The Karnataka High Court recently quashed the proceedings initiated under section 156(3) of the Criminal Procedure Code (CrPC), wherein the Magistrate court referred the complaint filed for defamation under section 499, 500 of the Indian Penal Code to the police for further investigation.While doing so, the Bench relied on the Apex court judgement in the case of Subramanian Swamy v. Union...
Order XVA CPC | Mere Default In Payment Of Rent On Court's Direction Doesn't Justify Striking Off Defence Of Defaulting Tenant: Delhi High Court
The Delhi High Court has observed that mere default in payment of rent as directed by the Court under Order XVA(1) of Code of Civil Procedure cannot, ipso facto, justify passing of an order striking off the defence of the defaulting tenant.Justice C Hari Shankar was dealing with a plea challenging an order dated 07th December, 2019, passed in a civil suit by the Trial Court in which...
All High Courts Weekly Roundup: May 9- May 15, 2022
Allahabad High Court NOMINAL INDEX Lavkush v. State of U.P.Thru.Prin.Secy.Home Lko. and connected matters 2022 LiveLaw (AB) 235 Mohammad Azam Khan v. State Of U.P. 2022 LiveLaw (AB) 236 Dr Rajneesh Singh v Union of India and Ors 2022 LiveLaw (AB) 237 Akhilesh v. State of U.P 2022 LiveLaw (AB) 238 Bhagwan Shri Krishna Virajman And Another v. U.P. Sunni Central Waqf Board...
Bajaj Almond Hair Oil: Delhi High Court Directs Pioneer Herbals To Consider Changing Their Deceptively Similar Trade Dress
The Delhi High Court recently, while adjudicating on a trademark infringement suit instituted by hair oil manufacturer Bajaj, has asked the defendant company 'Pioneer Herbals' to consider a change of their trade dress to avoid infringement of the former's rights. Justice Prathiba M Singh observed: "In view of the facts of the present case and the above legal position, this Court...
'Suffered Various Ailments While In Custody': Calcutta High Court Grants Bail To NDPS Accused With 100% Speech & Hearing Impairment
The Calcutta High Court has recently, in exercise of its powers under Section 439 of the CrPC, granted bail to an accused after taking into account that he suffers from complete speech and hearing impairment and that he had suffered from various physical ailments while in custody. A Bench comprising Justice Moushumi Bhattacharya and Justice Kesang Doma Bhutia was adjudicating upon a...
Police Can't Refuse To Conduct Investigation After Magistrate Has Accepted Complaint U/S 200 CrPC: Karnataka High Court
The Karnataka High Court has said that once the court accepts the complaint filed under section 200 of Criminal Procedure Code (CrPC) and directs particular police to investigate, the police cannot decline to investigate. A single judge bench of Justice M Nagaprasanna while allowing the petition filed by one Ashwini set aside the order of the endorsement dated 26.08.2021, issued by...
S.313 CrPC | Accused Should Be Given Opportunity Of Personally Explaining Any Circumstances Appearing In Evidence Against Him: Calcutta HC
The Calcutta High Court on Friday observed that while examining an accused under Section 313 of the CrPC, the prosecution is under a mandatory obligation to give the accused an opportunity to personally explain any circumstances appearing in the evidence against him. Justice Moushumi Bhattacharya also placed reliance on the Supreme Court judgment in Maheshwar Tigga v. State of Jharkhand...
Decree For Specific Performance Can't Be Granted Based On Oral Agreement Unless Proved By Cogent Evidence: Kerala High Court
The Kerala High Court recently established that a decree for specific performance cannot be granted based on an oral agreement unless there is cogent evidence to prove such agreement in the first place.Justice K. Babu observed that the plea of an oral contract for reconveyance can be accepted only if there is cogent and convincing evidence to establish it."The First Appellate Court lost sight...
Mere Association With Terrorist Organisation Not Offence Under UAPA: Chhattisgarh HC Grants Bail For Alleged Payment Of Extortion Money To Banned Outfit
Granting bail to two accused under Unlawful Activities Prevention Act, 1967, the Chhattisgarh High Court recently reiterated that mere association with a terrorist organization as a member or otherwise would not be sufficient to attract the offence under Section 38 unless the association intends to further its activities.A Division Bench of Justices Sanjay Agrawal and Rajani Dubey made...
'Young Person, Was Barely 18 Yrs At Time Of Offence': Calcutta High Court Commutes Life Sentence Awarded To Convict For Raping 7 Yr Old Girl
The Calcutta High Court has recently commuted the sentence of life imprisonment awarded to a man convicted of raping a 7 year old girl after taking into account that the convict had no criminal antecedents and that he had already suffered incarceration for about 18 years. A Bench comprising Justice Bivas Pattanayak and Justice Joymalya Bagchi opined that although in the instant case a...