Allahabad High Court Seeks UP Govt's Counter Affidavit On Siddique Kappan Bail Plea By March 14

The Allahabad High Court has sought the response of the Uttar Pradesh Government on the bail plea filed by Kerala journalist Siddique Kappan in connection with the Sedition, UAPA case registered against him in the alleged Hathras conspiracy case and which is pending before the NIA Court in Lucknow.The Bench of Justice Rajesh Singh Chauhan has listed the case for next hearing on March 14 and...

Alleged Violence During Contai Municipality Polls: Calcutta HC Refuses To Stay Counting Of Votes, Orders Preservation Of CCTV Footage

The Calcutta High Court on Tuesday sought response from the State Election Commission (SEC) and the State government in a Public Interest Litigation (PIL) petition moved by BJP leader Soumendu Adhikari alleging that large scale violence and rigging of votes had taken place in the recently concluded Contai Municipality elections. Elections to 108 municipalities in the State including the...

Sale Deed Shall Operate From Date of Execution If No Registration Thereof Had Been Made & Not From Time of Its Registration: Rajasthan HC

The Jaipur bench of Rajasthan High Court, while relying on Sections 23, 47 and 74 of Registration Act, 1908, reiterated that registration of sale deed shall operate from the time from which it would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration. Essentially, petitioner applied for selection...

Punishment Of Removal From Service For Unauthorized Absence Of 5 Days Is Very Harsh: Telangana High Court

The Telangana High Court recently noted that the punishment of removal from service for the charges of unauthorized absence (merely 5 days in this case) was very harsh. The Writ Petition had been filed seeking a Writ of Certiorari to quash the order of removal from service and consequently to direct the petitioner to discharge his duties along with continuity of service,...

Procedure U/S 203 CrPC Duly Followed: Gujarat High Court Refuses To Quash Trial Court Order Dismissing Private Complaint

Affirming the Trial Court's decision of dismissing a private complaint on the ground that the dispute was of civil nature, the Gujarat High Court has observed that the Trial Court had duly followed the procedure under Section 203 of the Code of Criminal Procedure. The Bench comprising Justice Vipul Pancholi was hearing a petition under Art 227 wherein the Petitioner had...

Motor Accident Claims: Supreme Court Reduces Compensation Granted To Govt Servant Who Continued To Work After Accident

While deciding on compensation to be paid in a case of motor vehicle accident, the Supreme Court has reduced the compensation granted by the High Court to a government servant considering that there was no permanent disability, he wasn't immobilized and he continued to work even after the accident While the compensation awarded by the Motor Accident Claims Tribunal was Rs 6,21,000 which...

'Road Tax' Paid At Time Of Purchase Of Vehicle & 'Toll Tax' Paid On Highway Do Not Amount To Double Taxation: Telangana High Court

The Telangana High Court recently ruled that the road tax paid under the Motor Vehicles Act while purchasing the cars, and collection of toll tax at National Highway Toll Booths do not amount to double taxation. Issues raised by Petitioners in the PIL The petitioners, who were advocates, had filed the writ petition by way of Public Interest Litigation stating that they were owners...

Complete Absence Of Motive In A Case Based On Circumstantial Evidence Weighs In Favour Of Accused : Supreme Court

The Supreme Court has held that the absence of motive in a case depending on circumstantial evidence is a factor that weighs in favour of the accused. "In a case based on substantial (circumstantial) evidence, motive assumes great significance. It is not as if motive alone becomes the crucial link in the case to be established by the prosecution and in its absence the case of...

'Right To Cross-Examination Part Of Right To Fair Trial': Chhattisgarh High Court Allows Plea Of Accused To Recall Prosecutrix In POCSO Case

The Chhattisgarh High Court recently held that the right to cross-examination is a part of right to fair trial which every person has in the spirit of right to life and personal liberty. Justice Rajani Dubey thus set aside the decision of the lower court and permitted the re-examination of the prosecutrix in a POCSO case. An appeal was filed by the accused, challenging the order of the...

Bihar Prohibition Act Clogging Courts With Bail Applications: Supreme Court Raises Alarm; Seeks State's Response

The Court asked Bihar State if the option of plea bargaining can be explored under the Act.

Supreme Court Weekly Digests With Subject-Wise, Statute-Wise Index & Nominal Index [February 20 - 28]

2022 LiveLaw (SC) February Act-wise Index Part 4 [Feb 20 - 28, 2022] Agricultural Produce Markets Act, 1961 (Rajasthan) - Section 9 - It cannot be said to be a mandatory statutory obligation of the Market Committees to provide shop/land/platform on rent/lease. (Para 9) 2022 LiveLaw (SC) 203 Arbitration and Conciliation Act, 1996 - Section 37 - The High Court has no jurisdiction to remand...

Not Safe To Convict A Person For Murder Solely On Basis Of Recovery Of Stolen Article : Supreme Court

The Supreme Court recently set aside the conviction of a person for the offence of murder, after noting that the only evidence which linked him to the offence was the alleged recovery of stolen article from him.A bench comprising Justices UU Lalit, S Ravindra Bhat and PS Narasimha referred to the precedents which held that merely on the basis of recovery of article, it may not be safe to...