Section 173 CrPC - Magistrate Should Consider Initial Report & Supplementary Report Conjointly To Decide Whether To Proceed Against Accused : Supreme Court

The Supreme Court has observed that a Judicial Magistrate should consider both the initial final report submitted under Section 173(2) CrPC and the supplementary report submitted under Section 173(8) before deciding whether there is ground for presuming that the accused has committed an offense. The bench of Justices DY Chandrachud and Surya Kant made the observation while considering...

Calcutta High Court Monthly Digest: February 2022 [Citations: 20-60]

Nominal Index Divyajot Singh Jendu v. Manikaran Analytics Limited 2022 LiveLaw (Cal) 20Sumit Roy v. Union of India 2022 LiveLaw (Cal) 21Lakshi Ram Hembram @ Laxmiram Hembram v. State of West Bengal 2022 LiveLaw (Cal) 22Md. Israil v. The State of West Bengal 2022 LiveLaw (Cal) 23Supratik Ghosh v. State of West Bengal & Anr 2022 LiveLaw (Cal) 24Manik Das @Manik Chandra Das v. The...

CESTAT: DRI Officials Have No Power Under Customs Act In Absence Of CG Notification

The Kolkata Bench of Customs, Excise & Service Tax Appellate Tribunal, consisting of members P. K. Choudhary (Judicial Member) and P. V. Subba Rao (Technical Member), has ruled that show cause notice under the Customs Act, 1962 can be issued only by the officer who has done the assessment in the first place. The Assessee had imported goods through three different ports in India, which...

PM Narendra Modi's Image Shared Allegedly With A Pig's Face: Allahabad HC Denies Relief To WhatsApp Group Admin

The Allahabad High Court recently refused to quash a criminal case against one Mohd. Imran Malik, who is the admin of a WhatsApp group, wherein a message was shared which allegedly contained the photo of Prime Minister Narendra Modi with the face of a pig.Not finding any 'cogent' reason to quash the case, the Bench of Justice Mohd. Aslam dismissed his 482 CrPC Application as it noted that he...

Delhi High Court Directs CPC To Determine And Process Refund Due To LG Under A Rectification Order

A Bench of Delhi High Court, consisting of Justices Manmohan and Navin Chawla, directed the Central Processing Center to determine and process the refund due to LG Electronics in accordance with the law after the later filed a rectification application under Section 154 of the Income Tax Act, 1961. LG had opted to be taxed under Section 115BAA of the Act, attracting a tax rate of 22%,...

Benefit of Section 57IPC Not Available Merely On Ground Of Being In Jail For 18 Yrs: Allahabad HC Dismisses Murder Convicts' Appeal

Upholding the life imprisonment sentence of 5 convicts in connection with a 2003 murder case, the Allahabad High Court recently observed that the benefit provided under section 57 IPC cannot be extended to the appellants merely on the ground that they are languishing in jail for about 18 years.Having analyzed the facts and circumstances of the Case, the Bench of Justice Sunita Agarwal and...

Bombay High Court Directs No Coercive Action Against Director Mahesh Manjrekar, Producers In Marathi Movie Row

The Bombay High Court on Tuesday directed no-coercive steps against director Mahesh Manjrekar and producers of Marathi movie 'Nay Varan Bhat Loncha Kon Nay Koncha' for three weeks in a POCSO FIR regarding the objectionable portrayal of children in the film's trailer.A division bench led by Justice PB Varale heard Manjrekar, Narendra Hirawat and Shreyans Hirawat's plea to quash the POCSO...

Judicial Magistrate In Tamil Nadu Stabbed By Assistant; Hospitalised

A Judicial Magistrate in Salem (Tamil Nadu) was allegedly stabbed by an office assistant in his chamber on Tuesday, reported The Hindu.As per reports, the assistant was angry over repeated transfer orders and used a pen-like sharp object to attack the Magistrate. The Magistrate suffered minor injuries and was taken to Salem Government Hospital.The Indian Express quoted the police as ""M...

NDPS | Extension Beyond Statutory Period In Submitting Chargesheet Cannot Be Granted Without Giving Hearing To Accused: Orissa High Court

The Orissa High Court has reiterated that it is mandatory to issue notice and provide fair hearing to accused before extending time beyond statutory period to file chargesheet in cases relating to offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). While rejecting arguments of the State, a Single Judge Bench of Justice...

'Fighting Only For Their Rights, Time To Emphasis On Duties': Madras HC Issues Directions To Counter Misconduct By Govt. Salaried Teachers

Slamming those in the teaching community that takes private tuition classes for remuneration and do other businesses, Madurai Bench of Madras High Court has issued a slew of directions to prevent government school teachers from flouting the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 and Service Rules."The teaching community is concentrating to satisfy their...

Calcutta HC Orders CBI DIG To Enquire Into Dilution Of Charges By IO In Custodial Death Case

The Calcutta High Court on Monday ordered an enquiry by the DIG, in charge of Special Crime Branch of the Central Bureau of Investigation (CBI) into alleged dilution of charges against accused police personnel by the investigation officer (IO) of the agency in a case of custodial death of 2013 in Hooghly district, the probe of which had been entrusted with the CBI.The case involved the...

[17-Crore Fraud Case] "Abuse Of Public Office For Private Gain Has Hit Nation Badly": Allahabad HC Refuses To Quash FIR

While refusing to quash criminal proceedings in connection with a fraud involving Rs. 17 Crore of public money, the Allahabad High Court recently stressed that the abuse of public office for private gain has grown in scope and scale and hit the nation badly and that corruption reduces revenue, slows down economic activity, and holds back economic growth.Essentially, the Bench of Justice...