Can Magistrate Reject Application Filed U/S 313 CrPC Requiring Accused To Explain Evidence Produced Against Him? Gujarat High Court To Examine

The Gujarat High Court is set to examine whether a Magistrate can reject an application filed by the complainant seeking explanation of the accused under Section 313 of CrPC, upon the evidence produced against him.The provision stipulates power of the Court to examine the accused and enable him to personally explain any circumstances appearing in the evidence against him.In the instant case,...

Directions To Expedite Trial In A Particular Case Must Be Passed Only For Extremely Compelling Reasons : Supreme Court

The Supreme Court has observed when petitions seeking directions to trial court to expedite the trial are filed before the higher courts, the same need to be examined from all angles.The bench of Justices Dinesh Maheshwari and Vikram Nath made this observation while considering a SLP against Madras High Court's order of directing the trial court to expedite the proceedings and close the...

Service Law | Govt. Employees Can't Be Removed From Service Without Following Due Statutory Procedures: Orissa High Court

The Orissa High Court has held that a person cannot be removed from his service without complying the relevant statutory pre-requirements. A Single Judge Bench of Justice Sashikanta Mishra held, "Therefore, notwithstanding the fact that the petitioner can be prima-facie held guilty of disobeying the orders of the authority by remaining continuously absent for more than five years, yet...

Tripura High Court Dismisses PIL Challenging Constitutionality Of Section 11 Of The Right To Information Act

The Tripura High Court last week dismissed a Public Interest Litigation (PIL) plea which challenged the constitutional validity of Section 11 of the Right to Information Act, 2005 on the ground that the same is ultra-vires of Article 14 and 21 of the Constitution of India.Essentially, the petitioner was concerned with the 'deplorable' condition of the native and smuggled wildlife species,...

Delhi High Court Weekly Roundup: March 14 To March 20, 2022

CITATIONS 2022 LiveLaw (Del) 202 TO 2022 LiveLaw (Del) 213NOMINAL INDEXJIVANLAL JOITARAM PATEL v. NATIONAL HIGHWAYS AUTHORITY OF INDIA 2022 LiveLaw (Del) 202Mrs. Jayanti Dalmia Versus DCIT 2022 LiveLaw (Del) 203SAVE NIMISHA PRIYA INTERNATIONAL ACTION COUNCIL THROUGH ITS CHAIRMAN v. UNION OF INDIA & ANR. 2022 LiveLaw (Del) 204STAR INDIA PVT. LTD. & ANR. v. LIVE.FLIXHUB.NET & ORS....

Tahsildar Under Section 140(2) Of Karnataka Land Revenue Act Has Power To Determine Boundary Of A Survey Number Or A Holding: Karnataka High Court

The Karnataka High Court has said that Tahsildar Under Section 140(2) of the Karnataka Land Revenue Act has power to determine the boundary of a survey number or a holding. The aforesaid power can be exercised in respect of a survey number or a holding irrespective of the fact whether the same is situated within the Municipal limits or outside the municipal limits. A division bench...

All Forms Of Talaq Not Illegal; Only Triple Talaq Made Criminal Offence : Muslim Man Moves Supreme Court Seeking Pre-Arrest Bail

A Muslim man has approached the Supreme Court seeking anticipatory bail submitting that all forms of Talaq have not been made illegal and what has been made a criminal offence is only "Talaq-e-biddat" (triple talaq).A bench of Justices Sanjiv Khanna and Bela M Trivedi issued notice in the special leave petition filed by the man assailing Jharkhand High Court's order dated January 17,...

Penalty Clause In Policy For Private Colleges Issued By Commissioner, College Education Is Illegal & Beyond His Power, Rajasthan High Court

The Rajasthan High Court has observed that the penalty clause in the Private Colleges Policy issued by the Commissioner, College Education, for different years in question, is beyond his power and illegal. Essentially, the petitioners were granted temporary recognition after due inspection, verification and the same was continued. The affiliations were granted by the Universities and...

Court Cannot Act As Post Office To Collect And Exchange Information: Madras High Court

The madras high court bench of Chief Justice Munishwar Nath Bhandari and Justice D. Bharatha Chakravarthy were hearing a petition for directing the Joint Secretary of Department of Personnel and Training and the Secretary of Department of Post to pass appropriate orders giving effect to the recommendations made by the Central Information Commission in 2013. One of the recommendations made...

Smart Contract Arbitration An Effective Alternative To Traditional Arbitration Which Has Now Started To Resemble Traditional Litigation : Justice Chandrachud

Virtually joining the fourth edition of the International Conference on 'Arbitration in the Era of Globalisation' held in Dubai, Justice D.Y. Chandrachud spoke about recognising technological advancements and infusing the same into the traditional arbitration process to enhance efficiency. He commenced his address by pointing out that technology and arbitration has become inseparable...

Court Can't Direct Complainant/ Victim To Give Specimen Signatures U/S 311A CrPC: Punjab And Haryana High Court

The Punjab and Haryana High Court has recently clarified that Section 311A CrPC doesn't allow the Court to make an order directing a complainant or a victim to give specimen signatures or handwriting for the purposes of any investigation or proceedings under the Code.It may be noted that this provision empowers a Judicial Magistrate, for the purposes of any investigation or proceeding under...

Bombay High Court Rejects Plea To Stay OTT Release of Movie 83 On Hotstar &Netflix

Observing that prima facie - Netflix Global LLC and Star India have antecedent (prior) rights to exploit the film '83' on satellite and digital media for 10 years, the Bombay High Court refused ad-interim relief to Mad Man Film Ventures Pvt Ltd to stall the film's OTT release. "Defendant No. 4 (Star India) and Defendant No. 5 (Netflix) have antecedent rights of exploitation of the subject...