Bombay High Court To Hear Nawab Malik's Plea Against ED Arrest Tomorrow

The Bombay High on Tuesday granted urgent circulation to Nawab Malik, Maharashtra Minorities Development Minister in his plea challenging his arrest by the Enforcement Directorate in a money laundering case. A bench of Justice SS Shinde and NR Borkar granted circulation and directed that the matter be placed before an appropriate bench tomorrow. The matter was mentioned by...

Section 138 NI Act Complaints Filed During Limitation Extension Period Not Premature : Gurugram Bar Seeks Supremes Court's Clarification

The Gurugram District Bar Association has moved the Supreme Court of India seeking clarification regarding interpretation of court's orders suspending period of limitation qua the proviso (b) and (c) to the section 138 of the Negotiable Instruments Act, 1881,An application has been filed by the Association in the suo moto case regarding extension of limitation.The Association has sought...

Criminal Appeal Pending In HC Since 2012; Convict Undergoes 17 Years Sentence; Supreme Court Grants Bail

The Supreme Court on Friday granted bail to an accused who had already undergone (more than 17 years) sentence during the pendency of criminal appeal before the High Court.The bench of Chief Justice NV Ramana, Justices AS Bopanna and Hima Kohli while granting bail in Ritu Pal v. State of Uttar Pradesh in their order said, "Taking into consideration the fact that the petitioner has...

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...