Missing Computation Sheet No Ground To Disregard Income-Tax Returns In Motor Accident Claim: Rajasthan High Court

While enhancing the compensation under Motor Vehicles Act from around Rs. 3.5 Lakhs to around Rs. 18.5 Lakhs, the Rajasthan High Court held that absence of computation sheets, by itself, is not a sufficient ground to disregard income tax returns of the deceased.The bench of Justice Farjand Ali observed that two successive income tax returns could also be corroborated with oral testimony of...

NDPS Act | Being A Police Officer Doesn't Establish Authority To Conduct Search & Seizure: Rajasthan High Court Upholds Acquittal

The Rajasthan High Court has upheld that acquittal in an NDPS Case, in the background of multiple infirmities and discrepancies in the prosecution case, including the fact that the officer who conducted search and seizure was posted as a Sub-Inspector and a Crime Assistant in the office of the Superintendent of Police, and not as a Station House Officer of a police station.The bench of...

Property Bought Before Alleged Money Laundering Offence Not Immune From Provisional Attachment Under PMLA: Karnataka High Court

The Karnataka High Court has held that a property bought years before the alleged scheduled offence cannot be shielded from provisional attachment under the Prevention of Money Laundering Act, 2002 (PMLA) merely because of its date of acquisition. Justice Suraj Govindaraj ruled that Section 2(1)(u) read with Section 5 of the Act permits attachment of property of equivalent value even where the original proceeds of crime are not held outside India."The provisional attachment of the Petitioner's ...

Aadhaar Card Age Not Conclusive: AP High Court Relies On Age Mentioned In Post-Mortem Report To Enhance Accident Compensation

The Andhra Pradesh High Court has ruled that age recorded in an Aadhaar card cannot be accepted as conclusive proof and relied on the age mentioned in the post-mortem report of an accident victim to calculate the accident compensation to be granted to his kin. In doing so the court enhanced the compensation from Rs. 7.33 Lakh to Rs.11.27 Lakh, noting that the age mentioned in Aadhaar card...

Rajasthan High Court Condon​es State's 130-Day Delay In Filing Corruption Appeal, Says File Processing And Approvals May Cause Delay

The Rajasthan High Court has condoned a 130-day delay by the State in filing an application seeking leave to appeal against an acquittal in a case under the Prevention of Corruption Act.Justice Farjand Ali observed that a pragmatic and justice-oriented approach was warranted while examining the explanation for the delay, particularly when the challenge concerned an acquittal in a...

₹1 Lakh Compensation Too Meagre For Minor POCSO Victim Who Became Pregnant, Suffered Abortion: Karnataka High Court

The Karnataka High Court has held that a minor sexual assault survivor under the Protection of Children from Sexual Offences Act, 2012 (POCSO) is entitled to maximum compensation as per the National Legal Services Authority's Victims Compensation scheme. Consequently, Justice Tyagaraja N. Inavally enhanced the compensation from Rs 1 lakh to Rs 7 lakh.The High Court was hearing an...

Uploading Photo On Social Media Not Consent For Others To Use It In Obscene Material: Karnataka High Court

The Karnataka High Court has held that uploading a photograph on social media for ordinary and legitimate purpose does not imply consent for others to use it in obscene material or to circulate such material. Accordingly, Justice Suraj Govindaraj refused to quash criminal proceedings against five men, charged for the Sections 66C (identity theft) and 67 (publishing or transmitting...

Not Availing Regular Parole Cannot Disqualify Prisoner From Permanent Parole: Rajasthan High Court

The Rajasthan High Court has held that not availing or applying for regular or periodic paroles does not disqualify a person from grant of permanent parole under Rule 10 of the Rajasthan Prisoners Release on Parole Rules, 2021 (the “Rules”). The division bench of Chief Justice Sanjay K. Agrawal and Justice Sameer Jain was hearing a petition challenging the order of the relevant...

AP High Court Quashes Preventive Detention Order, Says Reliance On Previously Nullified Grounds Vitiates Subjective Satisfaction

The Andhra Pradesh High Court has quashed a man's preventive detention order, holding that grounds forming part of an earlier detention order quashed by the Court could not be relied upon again, even alongside fresh grounds of detention.The Court held that such reliance vitiated the detaining authority's subjective satisfaction, warranting the detenu's release unless required in another...

Motor Accident Claims Tribunal Can't Decide Framed Issues In Negative Merely Because Counsel Says 'Not Pressed': Allahabad High Court

Mere recital that an issue was “not pressed” can't substitute a reasoned determination of the issue, Court said.

Meghalaya High Court Rejects Third Bail Plea Of Bangladeshi Nationals Prosecuted Under Foreigners Act Over Alleged Illegal Stay In India

The Meghalaya High Court has rejected the third bail applications filed by two Bangladeshi nationals accused in a case involving alleged offences under the Bharatiya Nyaya Sanhita, 2023, the Arms Act, 1959, the Foreigners Act, 1946, and the Explosive Substances Act, 1908, noting that only one prosecution witness remained to be examined.Justice W. Diengdoh remarked that: “This Court is also...

Meghalaya High Court Quashes POCSO Case Against Man Living With Survivor, Directs Authorities To Ensure Welfare Benefits For Her And Child

The Meghalaya High Court has quashed a POCSO case against a man who was living with the survivor as husband and wife and had a child with her, after noting that the survivor, who had attained majority, did not object to quashing the proceedings. The Court considered the police verification report and the report of the Secretary, High Court Legal Services Committee, before allowing the...