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No Guidelines In IPC For Awarding Rigorous/ Simple Imprisonment, Discretion Must Be Exercised Based On Mitigating & Aggregating Factors: Jharkhand HC
The Jharkhand High Court recently held that though the Indian Penal Code does not provide any guideline as to when a person may be directed to undergo simple imprisonment or rigorous imprisonment, however, the Court while passing an award must exercise its discretion judiciously.Justice Shree Chandrashekhar observed,"Courts are required to decide quantum of punishment on the basis of...
Foreign Creditors Can't Be Treated Differently From Domestic Creditors In Modern Times Of Globalization: Delhi High Court
"In the modern times of globalization, foreign creditors cannot be treated differently from domestic creditors," the Delhi High Court has observed.Justice Amit Bansal observed thus while dealing with an application filed under Order VII Rule 11 of the Code of Civil Procedure, 1908 (CPC) on behalf of the applicant (defendant no.2) seeking rejection of the plaint.Between 16th July, 2013 and...
"Party Should Not Suffer Due to Inaction of the Advocate": Gujarat HC Condones Delay of 3330 Days In Filing Written Statement
"It is trite law that a party should not suffer due to the in action on the part of the advocate and that the matter should be decided on merits rather than on technical ground", the Gujarat High Court has affirmed while hearing a petition under Art 227 to open the right to file written statement which was closed on 1st May 2012. The Petitioner herein submitted that the Respondent...
CPI(M) Delhi State Committee Moves Supreme Court Against Demolition Drives In Different Areas Of South Delhi
The Delhi State Committee Communist Party of India (Marxist) has recently moved the Supreme Court challenging the 'illegal' demolition drive being undertaken in different areas of South Delhi. The petition has alleged the demolition to be 'illegal', 'inhuman' and 'in total violation of principles of natural justice, statutes and the Constitution under the guise of encroachment...
'Indicates Towards Lawlessness': NHRC Notice To Telangana Govt Over Alleged Honour Killing Of A Dalit Man For Interfaith Marriage
The National Human Rights Commission on Friday took suo moto cognizance of media reports regarding alleged honour killing of a 25 years old man at Saroornagar in Hyderabad.Taking note of the gruesome incident that happened in broad daylight, the Commission has issued notices to the Chief Secretary and Director General of Police, Telangana calling for a detailed report in the matter within...
'Draconian, Disastrous': Madras High Court Quashes MCI Order Cancelling Admissions Of 778 Medical Students
The Madras High court recently set aside the order of the Medical Council of India (MCI) and the Government of Puducherry (GOP) cancelling the admissions of 778 students in the MBBS course on the ground that their admission to these course was made illegally, without following merit. The bench of Justice Krishnan Ramasamy made the orders on a batch of writ petitions filed by...
"Advocate General's Office Can't Be Left Vacant": Allahabad HC Directs UP Govt To Take A Decision To Appoint AG By May 16
Dealing with a Public Interest Litigation (PIL) plea concerned with the appointment of the Advocate General in the State of Uttar Pradesh, the Allahabad High Court has directed the State Government to take a decision in this regard by May 16, 2022.The bench of Justice Devendra Kumar Upadhyaya and Justice Subhash Vidyarthi further stressed that the office of Advocate General cannot be permitted...
Justice UU Lalit Stresses Importance Of Knowledge About Comparable Laws From Other Countries As Well
4th May, 2022:Justice U. U Lalit of the Supreme Court inaugurated a Certificate Course on Comparative Constitutional and Public Law at the Indian Law Institute, New Delhi in association with the Commonwealth Legal Education Association (CLEA) and technical support from Menon Institute of Legal Advocacy & Training (MILAT). Mr R Venkataramani, Senior Advocate and former member of the...
Police Sub-Inspector Recruitment Scam: Candidates Move Quashing Petition Before Karnataka High Court
Two accused named in the alleged Police Sub Inspector (PSI) recruitment scam have approached the Karnataka High Court, seeking to quash the First Information Report (FIR) registered against them on April 30. The accused Rachana Hanumantha and Jagrut, are among candidates aspiring for the post. Their plea states that the examination was held almost a year ago and the FIR is...
Kerala High Court Seeks Clarification On Appointing New Supervisor For SIT Probing Actor Assault Case Before Expiry Of Tenure
The Kerala High Court on Friday asked the State Police Chief (SPC) to clarify whether any order had been issued appointing the new Crime Branch chief as the supervising authority of the special investigation team (SIT) which is currently probing the 2017 actor sexual assault case.A Division Bench of Justice Devan Ramachandran and Justice Sophy Thomas passed the order in a petition filed by...
Supreme Court Criminal Digest -April 2022
Arms Act, 1950; Section 27 - Supreme Court Patna High Court judgment which modified the judgment passed by the Trial Court convicting the appellants- accused under Section 307 read with Section 34 Indian Penal Code to Section 324 IPC and confirming their conviction under Section 27 of the Arms Act. Anuj Singh @ Ramanuj Singh @ Seth Singh v. State of Bihar, 2022 LiveLaw (SC)...