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Eye Witness's Evidence Cannot Be Discarded Merely Because He Did Not Intervene When Deceased Was Attacked: Supreme Court
The Supreme Court observed that evidence of an eye witness cannot be discarded only for the reason that he allegedly did not raise any alarm or did not try to intervene when the deceased was being attacked.The court observed thus while dismissing an appeal filed by an accused who was concurrently convicted in a murder case of offences under Section 302 IPC and Sections 25 and 27 of the Arms...
Building Collapse - Take Penal Action Against Municipal Officers Allowing Unauthorized Constructions : Bombay High Court Issues Guidelines
Alarmed and deeply pained by incidents of collapse of buildings resulting in loss of lives, the Bombay High Court issued a slew of direction in a suo motu PIL initiated in September 2020 after 38 people lost their lives in a building collapse in the satellite town of Bhiwandi outside Mumbai. Noting the "chaotic" existing pattern of mushrooming slums and illegal constructions in every...
Section 207 CrPC - Accused Can Be Given Copy Of Protected Witness's Statement With Identity Redacted : Supreme Court
On Friday, the Supreme Court held that even for protected witnesses declared so under Section 173(6) of the Code of Criminal Procedure, 1973 ("Cr.P.C.) read with Section 44 of the Unlawful Activities (Prevention) Act, 1967 ("UAPA"), the accused can exercise their right under Sections 207 and 161 of the Cr.P.C to obtain copies of their redacted statements which would ensure that the identity...
No Offence Of Abetment Under Section 14C Of Foreigners Act If There Was No Awareness About Visa Status Of Foreigners : Supreme Court
Mere passivity and insouciance will not tantamount to offence of abetment, the Supreme Court observed while quashing prosecution of an Engineer under Foreigners Act.In this case, the appellant, while working as Senior Engineer (Construction) with Sprng Energy Private Limited allegedly facilitated visit by the two Chinese citizens who were on tourist visas to Rewa Solar Plant Project site....
Boost Given By Judiciary To IPR Has Encouraged More Patents, Copyrights : Finance Minister Nirmala Sitharaman
Speaking at the National Seminar on Adjudication of IPR Disputes in India, the Minister of Finance and Corporate Affairs Nirmala Sitharaman on Saturday said that the idea of supporting Intellectual Property Rights in India had to be encouraged in many different ways which was duly recognised by the Government of India."India's jurisprudence is very evolved that today handling a complex and...
Annexures, Documents Necessary Components of Plaint; Must Be Supplied In Serving Summons Under Order XXXVII Rule 3(1): Gujarat High Court
"…it is expressly provided that defendant shall be served with the plaint and the annexures of the plaint, therefore it necessary implies that all the documents which are part of the plaint as annexures are required to be supplied to the defendant while serving the summons", the Gujarat High Court has affirmed yesterday. The Bench comprising Justice N.V. Anjaria and Justice Samir J....
'Whether Railways Can Reject Candidature Over Bonafide Mistake Of Incorrect Date In Postal Order Despite It Being Issued Within Limitation?' Rajasthan HC Answers
Recently, the division bench of Rajasthan High Court, Jaipur dealt with the question of whether the candidature of the respondent can be rejected by the Department of Railways on the ground of human error/bonafide mistake alone, because the date of the Postal Order was wrongly mentioned by him in the application, despite the fact that Postal Order was issued within the period...
No Universal Rules Can Be Prescribed For Deciding A Transfer Petition: Jharkhand High Court Reiterates
The Jharkhand High Court recently transferred a case from the Court of Saraikela to Bokaro, noting that in a criminal proceeding, the trial is required to be conducted within the Court, where the jurisdiction of that Court is made out, so far as the occurrence is concerned. Justice Sanjay Kumar Dwivedi referred to the case of Abdul Nazar Madani v. State of Tamil Nadu, where it was held that...
"Delhi Wakf Board Facing Various Constraints In Functioning": High Court Seeks Delhi Govt's Response On Notifying New CEO, Grant In Aid
Noting that the Delhi Wakf Board was facing various constraints in it's functioning, the High Court recently sought response from the Delhi Government on the aspect of new CEO of the Board which was yet to be notified and also the grant in aid which was not released by the Government yet. Justice Pratibha M Singh directed the Delhi Government to file a status report and posted the matter...
SSC 'Group-D' Recruitment Scam| 'Shocking State Of Affairs': Calcutta HC Raps WBSSC, Extends Interim Order By 4 Weeks
The Calcutta High Court on Thursday came down heavily on the West Bengal Central School Service Commission (WBSSC) pertaining to the alleged irregularities in the appointment of 'Group-D' (non-teaching staff) in sponsored Secondary and Higher Secondary schools under the West Bengal Board of Secondary Education (WBBSE) on the purported recommendation by the WBSSC. In 2016, the State government...