Gujarat 'Anti-Love Jihad' Law: High Court Grants Interim Bail To Accused On A Joint 'Settlement' Plea Moved By Him & Complainant-Wife

The Gujarat High Court on Wednesday granted interim bail to an accused/husband, his relatives on a joint plea filed by him and his complainant-wife seeking quashing of an FIR under the Gujarat Freedom of Religion (Amendment) Act, 2021 ['Anti Love Jihad' law].The Bench Of Justice Ilesh J. Vora was hearing the joint plea of the interfaith couple submitting that the issues have been resolved...

SC/ST Act- No Offence Made Out Unless Shown That Dead-Body Was Detained Only Due To Caste: Bombay HC Grants Anticipatory Bail To Hospital Employees

The Bombay High Court recently granted pre-arrest bail to the employees of a hospital, who have been booked under the SC/ST Act for allegedly insulting the complainant, other people (who are the member of the Scheduled Caste community) by detaining the dead body of their relative. Noting that the dead body was detained because of the unsettled hospital bill, the Bench of Justice...

Supreme Court Weekly Round Up, October 11 To October 17, 2021

SUPREME COURT JUDGMENTS1. Income Tax Act - Date Of Receipt Of Order Irrelevant For Computing Limitation Under Section 263(2) : Supreme CourtCase Title : Commissioner of Income Tax, Chennai vs Mohammed Meeran Shahul HameedCitation : LL 2021 SC 572The Supreme Court has held that the date of the receipt of the assessment order has no relevance in computing the limitation period for the Revision...

Specify Steps To Prevent Circulation Of Defamatory Remarks, Intimidatory Threats Affecting Justice Administration: AP High Court To CBI

The Andhra Pradesh High Court recently directed the Central Bureau of Investigation (CBI) to specify steps to prevent the circulation of such intimidatory threats, scurrilous and defamatory remarks which affect the administration of justice.The Bench of Justice Joymalya Bagchi and Justice K.Vijaya Lakshmi was hearing the plea which was filed by the High Court of Andhra Pradesh Administration...

Forensic Report Forms Foundation Of Cases Under NDPS Act; In Its Absence, The Prosecution's Case Falls To Ground: P&H High Court

In an important observation, the Punjab and Haryana High Court last week held that the Forensic report forms the foundation of a case under the NDPS (Narcotic Drugs and Psychotropic Substances) Act and in case, the same is not there, the entire case of prosecution would fall to the ground. The Bench of Justice Gurvinder Singh Gill observed thus while granting bail to one Vinay Kumar...

Schools Inculcating 'Standard' Moral Values In Children Need Not Worry About Liquor Restaurant In Vicinity: Bombay High Court

The Bombay High Court recently observed that the schools, that are inculcating standard moral values in students as envisaged by the father of the nation, Mahatma Gandhi, need not worry about any student being adversely affected because of liquor restaurants in their vicinity. The Bench of Justice G. S. Kulkarni observed thus as it rejected a plea filed challenging the State...

High Courts Weekly Roundup [October 11, 2021 To October 17, 2021]

Allahabad High Court1. Advocates Requiring Firearm Licence For Safety A Dangerous Practice, Not In Noble Profession's Interest: Allahabad High Court [Ram Milan v. State of U.P. and Others]While dealing with a lawyer's plea challenging the firearm licence authority's decision to reject his application, the Court observed that a general trend to have a firearm licence by an Advocate without...

The Concept Of 'Detention' Under Section 167 (2) Cr.P.C. And Its Scope, Range And Legality – Part - II [Webinar Video And Notes]

14. Whether it is permissible for the Magistrate to grant "police custody" of the accused in the same case after the first 15 days of detention. No. This is in view of the bar under Clause (a) of the First Proviso to Section 167 (2) Cr.P.C. (Vide paras 11 and 13 of CBI v. Anupam J. Kulkarni (1992) 3 SCC 141 = AIR 1992 SC 1768 – Jayachandra Reddy - J; Para 11 of State of...

Centre Notifies Appointments Of 7 New Judges To Gujarat High Court

The Central Government has notified the appointment of 7 advocates as judges of the Gujarat High Court. They are :1. Smt. Mauna Manish Bhatt.2. Samir Jyotindraprasad Dave.3. Hemant Maheschandra Prachchhak.4. Sandeep Navratlal Bhatt.5. Aniruddha Pradyumna Mayee.6. Niral Rashmikant Mehta.7. Ms.Nisha Mahendrabhai Thakore.Their names were recommended by the Supreme Court collegium on September...

BREAKING : Supreme Court Directs High Courts To Make E-Filing Mandatory In Certain Categories From January 2022

The Supreme Court has given instructions to make e-filing of petitions mandatory in certain categories from January 1, 2022.As per letter dated October 9, 2021, the Chairman of the E-Committee of the Supreme Court has directed all High Courts to ensure :"(I) E-filing of cases/petitions by government in all types of matters to be made mandatory from 1 January 2022. After such date, there should...

Taking Cognizance Of A Private Complaint Under S.200 CrPC: Karnataka High Court Sets Out Procedure For Magistrates To Follow

The Karnataka High Court has set out the procedure to be followed by Magistrates for taking cognizance of a private complaint made to them under Section 200 of the Criminal Procedure Code (CrPC). A single-judge bench of Justice Sreenivas Harish Kumar in its order dated July 22, said, "The cognizance taking procedure to be followed may be set out as follows:- (i) After the...

Trial Court Focussed On Alleged Crime's Impact On Women Education Without Applying Judicial Mind: J&K&L HC Grants Bail To POCSO Accused

The Jammu & Kashmir And Ladakh High Court recently granted bail to a man accused of sexually assaulting a minor as it noted that the victim and her father had stated nothing against him/accused in their statements recorded under Section 164 CrPC (Recording of confessions and statements). The Court also observed that in the instant case, the foundational facts, that would give rise...