SCN Issued By DRI Was Without Authority of Law: Chhattisgarh HC Stays Proceedings

The Chhattisgarh High Court bench of Justice Parth Prateem Sahu has quashed the show cause notice which was issued by the DRI and stayed the proceedings.The petitioner/assessee submitted that pursuant to the arrest made by DRI of two persons at Railway Station-Raipur. The DRI searched the house of the petitioner on the same date and seized gold bars, silver ingots, fine silver,...

Order X CPC | Oral Examination Of Any Party To Suit Regarding Controversy Involved Therein Is A Matter Of Discretion: Delhi High Court

The Delhi High Court has observed that under Order X of the Code of Civil Procedure, the question of whether any of the parties to the suit is required to be orally examined on any aspect relevant to the controversy is a matter of discretion.Order X of the Code provides for the examination of parties by the Court. Justice C Hari Shankar observed thus:"A bare reading of Order X of the CPC makes...

Varanasi Court Seals Spot In Gyanvapi Mosque Premises Where Shiva Linga Is Stated To Be Found

The Court has prohibited the entry of anyone to the sealed premises and has directed DM, Police Commissioner and CRPF Commandment to secure the sealed place.

Persons Not Responsible To Company For Conduct Of Its Business Can't Be Prosecuted For Violation Of Contract Labour Abolition Act: Jharkhand HC

The Jharkhand High Court recently noted that a perusal of Section 25 of the Contract Labour (Regulation & Abolition) Act, 1970 indicates that every person in charge of and responsible to the company for the conduct of its business at the time of the commission of the offence (of engaging contract labour) shall be deemed to be guilty of the offence. However, in the absence of a...

Initiation Of Proclamation/ Attachment Process Against Accused Not Bar To Consider His Anticipatory Bail Plea: Delhi High Court

The Delhi High Court has observed that merely because the Central Bureau of Investigation (CBI) has initiated the process of proclamation or attachment proceedings under sec. 82 or 83 of Cr.PC despite the pendency of the anticipatory bail application before High Court, the same does not bar the consideration of such an application.Section 82 contemplates procedure for issuing proclamation...

BREAKING| Supreme Court To Hear Masjid Committee's Plea Against Gyanvapi Mosque Survey Tomorrow

The Supreme Court will hear tomorrow the petition challenging the survey ordered by a Varanasi Court in Gyanvapi mosque.A bench comprising Justices DY Chandrachud and PS Narasimha will hear the petition filed by Committee of Management Ajnuman Intezamia Masjid Varanasi challenging the orders passed by a civil court in Varanasi for survey of the mosque on a suit filed by few Hindu...

Kissing & Fondling Not Unnatural Offence U/S 377 IPC: Bombay High Court Grants Bail To POCSO Accused

Observing that kissing and touching private parts are prima facie not unnatural offences under Section 377 of the Indian Penal Code, the Bombay High Court granted bail to a man accused of a minor boy's sexual assault. The man had sought bail under section 439 of the CrPC. According to the FIR, the accused had touched the private parts of the victim and had kissed his lips. He was...

"State Obligated To Preserve Practices Of All Religions": Madras High Court Holds Emergent Sitting On Sunday Via Whatsapp To Allow Car Festival

The Madras High Court has reiterated that the State has an obligation to provide basic amenities to the pilgrims whenever there is a large gathering of persons during festival times. Following the decision of the Supreme Court in Sarika v. Shri Mahakaleshwar Mandir Committee (2018) the court held that it is the bounded duty of the government to make proper arrangements and to sanction...

Double Insurance : Second Insurer Can Decline Claim When Loss Has Been Fully Indemnified By Other Insurer - Supreme Court

The Supreme Court, recently, held that in cases of overlapping insurance policies, when the defined loss of the insured is fully indemnified by one insurer, the second insurer is not liable for the claim towards the same incident. "A contract of insurance is and always continues to be one for indemnity of the defined loss, no more no less. In the case of specific risks, such as...

Delhi High Court Issues Practice Directions To Ensure Service Of Counter Affidavit To All Respondents In Cases Involving More Than One Respondents

The Delhi High Court has issued practice directions to the effect that in cases involving more than one respondents, if any counter affidavit is sought to be filed by any of them, the same shall not be taken on record till copies thereof are served not only on the counsel for the petitioner but also on the counsel appearing for all the other respondents.The practice directions have been issued...

Rajasthan High Court Weekly Roundup: May 9 To May 15, 2022

Nominal IndexRaju Singh v. Twinkle Kanwar 2022 LiveLaw (Raj) 160Adarsh Shiksha Parishad Samiti & Anr v. Gajanand Sharma & Ors. with other connected matter 2022 LiveLaw (Raj) 161State Of Rajasthan & Anr. v. M/s. Godhara Construction Company 2022 LiveLaw (Raj) 162Mumtaz Mohd. V District Collector Pali and ors 2022 LiveLaw (Raj) 163Judgments/ Orders of the Week 1....

Trial Court Must Not Be Overtly Possessed By Nature Of Offence: Jharkhand HC Sets Aside Conviction & Capital Punishment Of Rape & Murder Accused

Setting aside an award for capital punishment for the double offence of Rape and Murder punishable under Section 376 and 302 of the Indian Penal Code, the Jharkhand High Court sharply remarked that trial courts must not be swayed by the nature of offence and must properly sift through the evidence before arriving at any conclusion.Stating that in the instant case the trial court had convicted...