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Section 309 CrPC- Is Remand After Chargesheet But Before Cognizance Legal? Bombay High Court To Decide
Does the remand order become illegal if it is passed after the filing of the charge sheet but before taking cognisance, the Bombay High court will decide. Consequently, it will also consider if the further detention of the accused will be illegal, entitling him for release. Justice Revati Mohite Dere on Wednesday was hearing a petition seeking to quash remand extension which raises...
High Court Issues Notice On Shahrukh Pathan's Bail Plea In A Delhi Riots Case, Status Report Sought Within Four Weeks
The Delhi High Court on Thursday issued notice on the bail plea filed by Shahrukh Pathan, the man who pointed a gun at a policeman during North East Delhi riots, in a case related to rioting, causing injuries to police personnel and gunshot injury sustained by one Rohit Shukla by an armed mob. (FIR 49/2020 registered at Jafrabad Police Station)Justice Subramonium Prasad sought status report to...
Not Necessary To Call For Handwriting Experts In Departmental Enquiry; Test Of Criminal Proceedings Not Applicable: Supreme Court
In a case of a bank clerk forging signatures to encash a Demand Draft, the Supreme Court held that it is not necessary to call for a handwriting expert in departmental proceedings. The Court upheld the procedure adopted by the inquiry officer to compare the signatures himself, from a "banker's eye".The Supreme Court has held that the test of criminal proceedings ought not to be applied...
Rejection Of Plaint Under Order VII Rule 11 CPC Will Be Allowed Only If Any Of The Clauses Are Strictly Applicable To The Pleadings In Plaint: Andhra Pradesh High Court
The Andhra Pradesh High Court on Tuesday stated that the plaint cannot be rejected under an application filed by defendant in Order VII Rule 11, CPC if none of the clauses set out under Order VII Rule 11 are applicable to the pleadings strictly mentioned in the plaint. Order VII Rule 11, CPC Rejection of plaint.— The plaint shall be rejected in the following cases:— (a)...
'Police Should Be Made An Accountable Force': Kerala High Court Orders VACB Probe Into Bribery Allegations Against Officer
The Kerala High Court on Wednesday impleaded and directed the Vigilance and Anti-Corruption Bureau (VACB) to conduct a preliminary enquiry into the case where an Assistant Sub Inspector of Police (ASI) is accused of demanding bribe for the release of two girls from a children's home to their parents. The case was registered suo motu on the basis of a news report.While ordering so, Justice...
SI Lalji Yadav Suicide: Plea In Jharkhand High Court Seeks CBI Inquiry; Alleges Foul Play By Police Authorities & Mining Mafia
A plea has been moved in the Jharkhand High Court seeking CBI inquiry into the death of suspended Sub-Inspector Lalji Yadav allegedly by suicide in Palamu District of Jharkhand. His brother Sanjeev Kumar Yadav has approached the High Court through Advocate Vijay Ranjan Sinha, alleging that sand and stone crusher mafias were involved in the death of Lalji.The petition denies the death to be one...
Delhi Riots: High Court Grants Bail To Two Men In Custody For Over 21 Months In Aaman Murder Case
The Delhi High Court has granted bail to two men who had spent over 21 months under custody in a case relating to the North East Delhi riots concerning murder of one Aaman who sustained gunshot injuries. (FIR No. 50/2020 P. S. Jafrabad)In similar bail orders, Justice Subramonium Prasad ordered thus:"The petitioner is in custody since 28.03.2020. The social strata from which the petitioner...
Constitutional Duty Of Court To Prevent Arbitrary Deprivation Of Personal Liberty By Excess Of State Power: High Court In Delhi Riots Case
"It is the Constitutional duty of the Court to ensure that there is no arbitrary deprivation of personal liberty in the face of excess of State power," observed the Delhi High Court while granting bail to 6 accused persons in a riots case. Justice Subramonium Prasad granted bail to Mohd. Tahir, Shahrukh, Mohd. Faizal, Mohd. Shoaib, Rashid and Parvez in a case alleging that a mob caused...
University Of Oxford Selects Advocate Dr. Saif Mahmood As Visiting Research Scholar
Dr. Saif Mahmood, Advocate, Supreme Court, has been selected by a Visiting Research Scholar by the Bonavero Institute of Human Rights, Faculty of Law, University of Oxford.He has been selected as a visiting scholar under their Research Visitor Programme for 2022 for the Hilary and Trinity terms.His stint at Oxford will begin from 15th February 2022. Mahmood will be working on the status of...
Special Bonafide Residence Is To Be Reckoned From The Native Place of Residence of Candidate & His Parents And Has Nothing To Do With Marriage; Rajasthan HC
The Rajasthan High Court has observed that special bona fide residence is to be reckoned from the native place of residence of candidate & his parents and has nothing to do with marriage. Justice Dinesh Mehta observed, "Special bona fide residence or residence is to be reckoned from the native place of residence of the candidate and his parents. It has nothing to do...
