POCSO Act | Punjab & Haryana HC Grants Bail To Man Booked On Allegations By Wife Regarding Incident That Took Place When She Was Minor

The Punjab and Haryana High Court recently granted regular bail to a man booked under the POCSO Act after the complainant, his wife, accused him of penetrative sexual assault in an incident that allegedly took place prior to their marriage, when she was still a minor.The bench comprising Justice Vikas Bahl observed that no date of the alleged incident has been mentioned in the FIR and it...

Disciplinary Proceedings Continuing Ad Infinitum Would Be Destructive Of Rule Of Law: Delhi High Court Grants Relief To CBIC Officer

The Delhi High Court has observed that allowing Disciplinary Proceedings to continue ad infinitum would not only be highly prejudicial to an individual but is also destructive of the Rule of Law. A division bench comprising of Justice Siddharth Mridul and Justice Anoop Kumar Mendiratta was dealing with cross petitions filed by one Anish Gupta against the Union of India. Gupta was serving...

Merely Because S.482 CrPC Does Not Prescribe Limitation Period Does Not Mean Parties Can Approach Court With Inordinate Delay: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court today held that a party cannot approach the High Court under Section 482 of the CrPC at his whim and caprice merely because no period of limitation in filing the petition under the aforesaid provision is provided. A petition under Section 482 of the CrPC must be filed within a reasonable time and it should not be vitiated by inordinate delay...

Former Haryana CM Om Prakash Chautala Moves Delhi High Court Challenging Conviction, 4 Yrs Sentence In Disproportionate Assets Case

Former Chief Minister of Haryana, Om Prakash Chautala, has moved the Delhi High Court challenging a Trial Court order which had convicted and sentenced him to 4 years imprisonment in connection with a disproportionate assets case.On May 27 this year, Special Judge (PC Act) Vikas Dhull had convicted Chautala for the offence under Section 13(1)(e) of the Prevention of Corruption Act, 1988....

NDPS Act | Punjab & Haryana High Court Grants Bail To First-Time Offender In Case Involving Over 2 Kg Ganja

The Punjab and Haryana High Court has recently granted regular bail to the accused in NDPS matter from whom contraband weighing more than 2 kgs was recovered, on the ground that he is a first time offender who has already been in custody for around six months and should be provided with an opportunity to course-correct his conduct. The petitioner is a first offender, and one...

Gauhati High Court Sets Aside Life Sentence Of Man Who Killed Wife While Suffering From 'Unsoundness Of Mind'

The Gauhati High Court has recently set aside the life sentence awarded to a man who had killed his own wife after the Court found that at the time of the occurrence, he was suffering from 'mental unsoundness', which was of such a degree that he was unable to understand the consequences of his actions.With this, the Bench of Justice Suman Shyam and Justice Malasri Nandi acquitted one...

Twitter Inc Approaches Karnataka High Court Challenging Centre's Take Down Orders

Twitter Inc has approached the Karnataka High Court questioning and seeking to overturn orders issued by the Government of India through the Ministry of Electronic & IT directing the company to take down content on the social media platform.The company filed the petition today before the court which will be heard in due course. The notices and blocking orders sent to the company are...

Punjab & Haryana High Court Grants Bail To Woman Allegedly Involved In Pre-Natal Sex Determination Activities

The Punjab and Haryana High Court has recently granted regular bail to a woman booked under the Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994, allegedly for accompanying the decoy witness to the place where the sex determination test was supposed to be conducted. After taking into consideration the facts and circumstances of the case, role played by...

Debt Recovery Tribunal Can't Go Beyond Reliefs Sought For By A Party: Gujarat High Court

The Gujarat High Court has made it clear that a Debt Recovery Tribunal cannot go beyond and grant prayers that are not even sought for by a party before it.While hearing a petition filed by the original defendant against the impugned order in favour of original applicant (respondent herein), Justice Vaibhavi D Nanavati observed,"The submissions advanced by Mr. Asthavadi, the...

Licit Possession Of Confisticated Gold Bars Received By Way Of Succession: CESTAT Set Aside Penalty

The Delhi Bench of Customs, Excise and Service Tax Appellate Tribunal (CESTAT) has set aside the penalty under section 114AA of the Customs Act on the ground of licit possession of confisticated gold bars received by way of succession. The two-member bench of Anil Choudhary (Judicial Member) and Raju (Technical Member) has observed that the appellant has reasonably explained the...

Bid For Corporate Debtor As 'Going Concern' To Be Given Preference Over The Standalone Bid; NCLT Ahmedabad

The National Company Law Tribunal, Ahmedabad Bench, comprising of Madan B. Gosavi (Judicial Member) Kaushalendra Kumar Singh (Technical Member), while adjudicating an application filed in Arrhum Tradelink Private Limited v Vineeta Maheshwari & Ors., has held that when two equal bids are received in an auction, then Corporate Debtor must be sold to the bidder who purchases it as a...

Xiaomi India's Challenge To Seizure Of Assets Before High Court 'Premature'; Competent Authority Under FEMA Must Decide: Karnataka HC

The Karnataka High Court on Tuesday directed the Competent Authority appointed under the Foreign Exchange Management Act,1999 (FEMA) to issue a notice of hearing to M/s Xiaomi Technology India Pvt Ltd and hear the parties concerned and pass appropriate orders in regards to the challenge raised by the company on the order passed by the Enforcement Directorate,...