[Asaram Minor Rape Case] Supreme Court Stays Rajasthan High Court's Order To Summon IPS Officer Ajay Pal Lamba As Court Witness

The division bench of Supreme Court has stayed the Rajasthan High Court's order to summon IPS Officer Ajay Pal Lamba for recording his evidence as a court witness in connection with Asaram's appeal challenging his conviction by lower Court in a minor's rape case. Justice Indira Banerjee and Justice J.K. Maheshwari, ordered, "Issue notice returnable in three weeks. In the...

Interference In Intra-Court Appeal Under Clause 15 Of The Letters Patent Appeal Is Limited Unless The Findings Of Single Judge Are Arbitrary: Andhra Pradesh High Court

The Division Bench of Andhra Pradesh High Court recently ruled that there is no requirement to interfere in order of the learned Single Judge in an intra-Court appeal under Clause 15 of the Letters Patent Appeal when there is no perverse or illegal finding. The court relied on Seshaiah v. South Central Railway, (2019) in which it was held that in an intra-Court appeal interference in the order...

Order U/S 111 CrPC Must Contain Reasons Of Executive Magistrate's Satisfaction: Allahabad High Court

The Allahabad High Court recently explained the scope and necessary ingredients of an order drawn under Section 111 of the Code of Criminal Procedure by an Executive Magistrate.It may be noted that when an Executive Magistrate, upon consideration of such information that there is a likelihood of a breach of the peace by a person, is satisfied that it is necessary to proceed against that...

FIR & Chargesheet Can Be Quashed If Allegations Or Evidence Do Not Establish Commission Of An Offence: Delhi High Court

The Delhi High Court has observed that the FIR and chargesheet can be quashed if the allegations made in the FIR or complaint or the evidence collected, though remaining uncontroverted, do not disclose the commission of an offence. Justice Asha Menon was of the view that the the decision of the Court to exercise or not to exercise the inherent powers under Section 482 of the Cr.P.C. would...

CJI Ramana Meets UAE Law Minister; Discusses Issues Of Pending Extraditions, Consular Access To Indian Prisoners

The Chief Justice of India NV Ramana on Thursday said that he had a discussion with the Law Minister of the United Arab Emirates regarding the pending extradition orders and consular access to Indians in UAE prisons.The CJI was speaking at the felicitation ceremony organised by the Indian Community at Indian Cultural and Social Centre, Abu Dhabi."Today we discussed with the UAE Law Minister...

'Not A Flight Risk, No Concrete Evidence For Coercive Action': Madras High Court Quashes Look Out Circular Against Rahul Surana

Madras High Court has quashed a Look Out Circular (LOC) issued against Rahul Surana, son of the Managing Director of Surana Industries Limited.Dr Justice Anita Sumanth opined that the Serious Fraud Investigation Office (SFIO) on whose approval the Bureau of Immigration issued a LOC in December 2020 couldn't satisfy the settled parameters for issuing the same, let alone its extension.Relying...

'Stipulated Time Mandatory & Sacrosanct': Kerala High Court Discharges Alleged Maoist Leader Of UAPA Charges Citing Delay In State Sanction

The Kerala High Court on Thursday discharged alleged Maoist leader Roopesh of charges under Unlawful Activities (Prevention) Act and sedition under Section 124A (sedition) of the Indian Penal Code on the ground of irregularities in the order granting sanction for prosecution.A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran noted that the word 'shall' in the Act and...

Kerala High Court Extends Validity Of All Interim Orders Till March 25

The Kerala High Court on Wednesday extended the validity of all interim orders passed by the High Court and all courts and tribunals falling under the supervisory jurisdiction of the High Court till March 25 considering the difficulties lawyers may have to face if the stay on orders is vacated immediately.As such, a full bench of Chief Justice S Manikumar, Justice A. Muhamed Mustaque and...

Can't Make Political Parties Liable For Failure To Fulfil Promises Made In Election Manifesto: Allahabad High Court

The Allahabad High Court has observed that there is no penal provision under any statute to bring the political parties within the clutches of enforcement authorities, in case, they fail to fulfill their promises as made in the election manifesto.The Bench of Justice Dinesh Pathak further clarified that a political party as a whole can't be made liable under the Representation of Peoples...

Class 1 Admissions - Last Date For Application Extended Till April 11 : Kendriya Vidyalaya Sangathan Tells Delhi HC

The Kendriya Vidyalaya Sangathan has told the Delhi High Court that the last date for submitting the online application for admission to class I in Kendriya Vidyalayas for the upcoming academic year will be extended from March 21 to April 11, 2022.Taking note of the aforesaid stand, Justice Rekha Palli deferred passing any interim order in the plea challenging the admission criteria of...

Dispute Concerning Exemption U/Sec 87 Customs Act Cannot Be Equated With Dispute In Relation To Rate Of Duty: Supreme Court

The Supreme Court observed that an appeal under Section 130(2) of the Customs Act will be maintainable before the High Court if the impugned order relates to claim of exemption under Section 87 of the Act.Dispute concerning an exemption cannot be equated with a dispute in relation to the rate of duty, the bench comprising Justices MR Shah and BV Nagarathna observed.In this case, the CESTAT...

Court Fees Act, 1870 : Ad Valorem Court-Fees Is Payable On Amount Claimed In A Money Suit For Compensation And Damages: Supreme Court

The Supreme Court observed that, under Section 7(i) of the Court Fees Act, 1870, ad valorem Court-fees would be payable on the amount claimed if the suit is a money suit for compensation and damages.It is only with respect to the category of suits specified in clause (iv) of Section 7 of the Act that the plaintiff has the liberty of stating in the plaint the amount at which relief is valued...