Further Investigation U/s 173(8) CrPC Must Always Relate To Incidents Of Crime For Which Charge Sheet Is Filed: Karnataka High Court

The Karnataka High Court has said that further investigation conducted under Section 173(8) of CrPC must always relate to the incident of alleged crime in respect of which the charge sheet has been filed already. It is not reinvestigation. Justice Sreenivas Harish Kumar while quashing two cases registered under the NDPS Act, against party organiser Virendra Khanna said,...

Drugs Case: Punjab & Haryana High Court Dismisses Akali Leader Bikram Majithia's Pre-Arrest Bail Plea

The Punjab and Haryana High Court today dismissed the anticipatory bail plea of Akali Dal leader Bikram Singh Majithia filed in connection with a Drugs case registered against him.Last week, the Bench of Justice Lisa Gill had reluctantly inclined to adjourn the hearing on his bail plea and had extended his interim protection from arrest till January 24 (today) since his Counsel, R.S....

Voluntariness And Animus Necessary For Execution Of Valid Gift Deed ; Donee To Discharge Burden Of Proving That He Exerted No Influence: Supreme Court

The Supreme Court observed that voluntariness and animus are necessary for the execution of a valid gift deed."When a person obtains any benefit from another, the court would call upon the person who wishes to maintain the right to gift to discharge the burden of proving that he exerted no influence for the purpose of obtaining the document.", the bench comprising Justices MR Shah and...

Remarks Of 'Judicial Dishonesty' Against SEBI's Adjudicating Officer By SAT: Supreme Court Stays Remarks In SEBI's Plea

The Supreme Court of India on Monday stayed the Securities Appellate Tribunal's remarks of 'judicial dishonesty' against SEBI's Adjudicating Officer with regard to SEBI's investigation into irregular trading activities. The Court has also stayed SAT's direction dated 16th December 2021 that a reply be filed by SEBI sworn by the Adjudicating Officer himself and a subsequent order of 23rd...

Child's Educational Prospects Should Not Be Affected By Estrangement Between Parents: Karnataka High Court

The Karnataka High Court has said that estrangement between a couple should not affect their child's education prospects. Justice Krishna S Dixit thus allowed the petition filed by a mother and her 8-year old daughter, seeking directions to a school in Bengaluru to issue her Transfer certificate. The plea was opposed by the Sorsfort International School on the grounds that without...

Caste System Deep Rooted In Society; We Couldn't Get Out Of The 'Menace' Even After 75 Yrs Of Freedom: Allahabad High Court

"Caste system in our society is deep-rooted, we boast ourselves as an educated society but we live our lives with double standards. Even after 75 years of Independence, we are not able to get out with this social menace," remarked Allahabad High Court recently as it granted bail to a murder accused in connection with an alleged Honour Killing case. The Bench of Justice Rahul...

Families Of Covid-19 Victims Can't Be Deprived Of Compensation Merely Because Applications Filed Physically: Bombay HC To Maha Govt

The Bombay High Court on Monday expressed displeasure after it was informed that kin of several Covid-19 victims were being denied the ex-gratia compensation of Rs. 50,000, as their claim forms were submitted in physical format and not through the online portal. "The web portal is for your convenience. Getting compensation is their right. They cannot be deprived just because...

RSS A Definite & Identifiable Body, Members Have Locus Standi To File Defamation Complaint U/S 499 IPC: Kerala High Court

The Kerala High Court has recently ruled that a complaint filed by the State Secretary of the Rashtriya Swayamsevak Sangh (RSS) against a defamatory article published in a newspaper about the RSS is maintainable under Section 499 of the Indian Penal Code (IPC).Justice Sophy Thomas noted that since the RSS is a definite and identifiable body, any individual member of RSS has the locus standi...

Disputes Between Parties To Contract Not A Ground For Restraining Enforcement Of Bank Guarantee: Chhattisgarh High Court

The Chhattisgarh High Court has recently held that the bank can be restrained from enforcement of unconditional and absolute performance bank guarantee by interim injunction only in case of fraud or special equities, to prevent irretrievable injustice. Justice Arvind Singh Chandel further held that existence of disputes between the parties to the contract is not a ground for issuing an order...

Focus On Circumstances Of Girl's Suicide, Don't Harass Person Who Filmed Allegations About Religious Conversion: Madras High Court Tells Police

In a petition filed for transfer of investigation pertaining to the demise of a 17-year-old girl to CB-CID or other independent investigating agencies, Madurai bench of Madras High Court has asked the police authorities to focus on the circumstances that led to her suicide. The court said so in light of allegations that the police was harassing the person who allegedly videographed the...

Neither Client Nor Court Is Bound By Lawyer's Admissions As To Matters Of Law Or Legal Conclusions: Supreme Court

The Supreme Court reiterated that neither the client nor the court is bound by lawyer's admissions as to matters of law or legal conclusions."While generally admissions of fact by counsel are binding, neither the client nor the court is bound by admissions as to matters of law or legal conclusions", the bench comprising Justice DY Chandrachud and Justice AS Bopanna, observed while dealing with...

Kerala Actor Rape Case -Will Consider Time Extension If Trial Judge Asks; No Extension At State's Instance : Supreme Court

In the Kerala actor rape case, the Supreme Court on Monday did not pass orders for extending the time for trial in the application moved by the State of Kerala. The Court said that it will extend the time for trial in the Kerala actor rape case if the trial judge seeks extension and accordingly left the matter to the discretion of the trial judge.,A bench comprising Justice AM Khanwilkar...