UAPA - Investigating Agency Not Place Of Occurrence Matters To Determine Sanctioning Authority Under Section 45: Kerala High Court

The place of occurrence will not matter for determining the sanctioning authority under Section 45 of the Unlawful Activities(Prevention) Act(UAPA), held the Kerala High Court while dismissing the appeals of senior CPI(M) leader P Jayarajan and other accused in the Kathiroor Manoj murder case.A division bench of Chief Justices S Manikumar and Justice Shaji P Chaly held that what matters...

Compassionate Empathy Should Be A Trait Of Public Servants; They Are Engaged For Public Service & Not To Rule Over Them: P&H High Court

"Compassionate empathy should be one of the traits/qualities of everyone manning a public office. The Constitution of India emphasizes that the public servants and other persons working in such offices are required to treat everyone equally irrespective of his caste, creed, religion or economic condition", remarked the Punjab & Haryana High Court recently. The Bench of Justice...

Madras High Court Issues Notice On Plea Seeking GST Exemption For Incorporated Members' Clubs

The Madras High Court has decided to hear a petition seeking exemption for members' club in an incorporated form, from levy/ payment of GST under the Central Goods and Services Act, 2017. A Bench led by Chief Justice Sanjib Banerjee issued notices to the Central Government and CBDT in a petition filed by Ootacamund Club, situated in Ooty, Tamil Nadu. The Petitioner-club, registered as...

Punjab & Haryana High Court Dismisses Election Petition Filed In 2002 Against Captain Amarinder Singh

The Punjab and Haryana High Court, on Tuesday, dismissed an election petition challenging the election of Captain Amarinder Singh to the Punjab Legislative Assembly held in the year 2002.Harkirat Singh, had filed election petition in 2002 itself, alleging that Singh had indulged in 'corrupt' practices and has projected himself as "Maharaja of Patiala" in the posters issued/published by him...

'To Err Is Human. Society Must Reform A Person Who Commits A Small Theft': Kerala High Court Quotes Poet Ayyappa Panicker

If a person commits a small theft, society must reform him, remarked Kerala High Court while acquitting a person convicted in a criminal case.Justice PV Kunhikrishnan began his judgment disposing this criminal appeal by quoting the line from the poem 'Moshanam' of the famous poet Ayyappa Panicker – "Just because I have stolen a few things, why should you call me a thief? The judge also...

S.18 of SC/ST Act-Unless The 'Offender's Action Is Impelled By The Consideration That The Victim Is A Member Of 'SC or ST', Bar For Anticipatory Bail Won't Apply

In a significant judgment, a Single Judge Bench of the Delhi High Court comprising of Justice Anup Jairam Bhambhani on Tuesday while granting anticipatory bail to an accused charged under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 held that the anticipatory bail application under Sec. 438 of CrPC can only be barred under Sec. 18 of the SC ST Act...

An Accused Who Was Released On Default Bail Cannot Be Re-arrested On Filing Of Charge Sheet: Supreme Court

The Supreme Court has held that an accused who was released on default bail cannot be re-arrested on filing of charge-sheet by policeIn this case, Kamlesh was accused of committing offences under Sections 406, 409, 420, 467, 468, 471, 477-A, 201, 120-B of Indian Penal Code and Section 5 of the Prize Chits Money Circulation Scheme (Banning Act), 1978 and Section 65 of the Information...

CLAT 2021 Postponed To June 13 Taking Note Of CBSE Exam Schedule

The Common Law Admission Test (CLAT 2021) has been postponed to June 13 taking note of the fact that Central Board of Secondary Education (CBSE) board exams are scheduled in May. CLAT 2021 was earlier scheduled to be held on May 9.A press release issued by the Consortium of National Law Universities said :"The Executive Committee of the Consortium of National Law Universities met on 6th...

'Matter Of Public Importance Concerning Entire Scientific Community' : Delhi HC Refuses To Restrain LibGen Publications

The Delhi High Court today re-issued notice to Libgen on a copyright infringement plea by publishers Elsevier Ltd, Wiley India Pvt Ltd, and American Chemical Society, even as Sci-Hub undertook to restrain from publishing any articles from the publishers' journals on its website until the next date of hearing.While SciHub voluntarily made the undertaking, LibGen went unrepresented today as...

Individual Can't Decide How Law Enforcement Agency Should Act & When To Invoke Powers Under Preventive Detention Law: Telangana HC

In an important ruling, the Telangana High Court has held that it is not for the individual citizen to assess how the law enforcing agency should act but it is for that agency to come to subjective satisfaction of the need to resort to preventive detention. The Bench of Justice P. Naveen Rao also observed that the Court can't mandate the authority to do a particular act, in a...

Breaking- Conviction In A Non-Compoundable Case Can't Be Set Aside By HC U/S482CrPC On The Ground Of Compromise Except In Rarest Of Rare Cases: Bombay HC (FB)

In a significant judgment, a Full Bench of the Bombay High Court, [Nagpur Bench] on Tuesday held that the High Court while exercising the inherent powers under Sec. 482 CrPC cannot set aside the order of conviction of accused in a non-compoundable case merely on the ground that the accused and complainant had arrived at a compromise at a post conviction stage. However the same can be...

Another Setback To CM Yediyurappa As Karnataka High Court Refuses To Quash Corruption Case Against Him

In another setback to Chief Minister B S Yediyurappa, the Karnataka High Court on Tuesday refused to quash an First Information Report (FIR) filed against him in the alleged illegal land de-notification case. The bench also imposed a cost of Rs 25,000 on him. A single bench of Justice John Michael Cunha, while dismissing the petition on Tuesday, said: "Since the allegations made...