News Updates
Abuses Hurled In Basement Which Was Not In Public View Not An Offence: Karnataka High Court Quashes Proceedings Under SC/ST Act
The Karnataka High Court has quashed proceedings initiated against an accused under provisions of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, holding that alleged abuses hurled by him to the complainant were in the basement of a building which was not a place of public view or a public place. A single judge bench of Justice M...
12 Circumstances That Persuaded Kerala High Court To Grant Pre-Arrest Bail To Vijay Babu In Rape Case
The Kerala High Court on Wednesday granted pre-arrest bail subject to conditions to Malayalam actor-producer Vijay Babu's plea in the case where an actress accused him of sexually exploiting herJustice Bechu Kurian Thomas allowed the anticipatory bail plea upon noting the following 12 circumstances gathered from the arguments made by the parties and the materials produced. (1) The survivor...
Industrial Disputes Act | Workmen Terminated In Violation Of Retrenchment & Re-Employment Procedure U/S 25G & 25H Entitled To Reinstatement: Gujarat HC
The Gujarat High Court has said that where the service of a workman is terminated in violation of the procedure for Retrenchment & Re-Employment provided under Sections 25(G) and 25(H) of the Industrial Disputes Act, an order of reinstatement ought to follow. Holding thus, Justice Biren Vaishnav set aside the order of the Labour Court which granted backwages worth Rs. 72,000 to...
Suit Against A Firm Is A Suit Against All Persons Who Were Its Partners When Cause Of Action Occured: Kerala High Court
The Kerala High Court has last week held that a suit instituted by or against a firm is a suit by or against all the partners of the firm and that the firm's name stands for all who were partners at the time when cause of action arose.A Division Bench of Justice P.B. Suresh Kumar and Justice C.S. Sudha pointed out that the policy underlying Order XXX (Suits by or against firms and...
Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court
The Madras High Court recently observed that a person who purchases a piece of land after the issuance of notification for its acquisition by the government under Section 4 of the Land Acquisition Act 1894, has no right to challenge the acquisition proceedings. The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala dismissed the appeals filed by subsequent purchasers of a...
BREAKING| Kerala High Court Grants Anticipatory Bail To Actor-Producer Vijay Babu In Rape Case Subject To Conditions
The Kerala High Court on Wednesday granted pre-arrest bail subject to conditions to Malayalam actor-producer Vijay Babu's plea in the case where an actress accused him of sexually exploiting her.Justice Bechu Kurian Thomas allowed the anticipatory bail plea with a condition that limited custody of the actor shall be available to the investigating officer. The following conditions have also...
S.306/307 CrPC | Pardon Can Be Tendered To Any Person Privy To The Offence, Not Only The Accused: Kerala High Court
The Kerala High Court has held that under Sections 306 and 307 of the Code of Criminal Procedure (CrPC), a pardon can be granted to any person even if they have not been arraigned as an accused in the final report, as long as they were privy to the offence.A Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran opined so after observing that the language employed in Sections...
'Parity Of Punishment': Gujarat High Court Reduces Deduction Of Pension From 100% To 25% Of Sub-Inspector Accused Of Aiding Escape Of Prisoner
Emphasising on the principles of proportionality and parity while determining punishment, the Gujarat High Court has reduced punishment of deduction of pension from 100% to 25% imposed on a sub-inspector accused of aiding an under-trial to escape police custody. The Petitioner-accused challenged the order of 2015 passed by the Respondent-State wherein the Petitioner's monthly...
Delay In Conclusion Of Proceedings Can't Be A Reason To Reject An Application U/S 311 CrPC: Allahabad High Court
The Allahabad High Court has recently observed that a delay in the conclusion of the proceedings/trial should not be the reason for the rejection of an application under Section 311 Cr.P.C.The bench of Justice Shekhar Kumar Yadav observed thus as it quashed an order of the Trial Court wherein an application moved under Section 311 CrPC was rejected noting that the case had been pending for...
"State's Duty To Provide Protection & Prevent Untoward Incident": Madras High Court On Plea Seeking Police Protection At AIADMK Meet
While allowing a petition seeking police protection for the Executive Council and General Council Meeting of All India Anna Dravida Munnetra Kazhagam (AIADMK) to be held on June 23, the Madras High Court observed that the State had a duty to provide necessary protection and to prevent any untoward incident in the form of violence. The bench of Justice N Sathish Kumar made the observations on...
Can't Permit Single Mother To Sell Minor's Share In Property Under Garb Of Child's Maintenance Sans Material Detailing Income & Expenses: Gujarat HC
The Gujarat High Court has held that even if a mother seeks to sell off the property of her minor child, despite her being a natural guardian, she can be looked at with suspicion and be denied permission to sell off such property if relevant material details are not provided. A single bench comprising of Justice Umesh A. Trivedi observed,"There is no averments either in the application...
Gujarat High Court Weekly Round Up: June 13 - June 19, 2022
NOMINAL INDEX Iqbal Hasanali Syed Versus State Of Gujarat 2022 LiveLaw (Guj) 208 Soni Anilkumar Prahladbhai V/S State Of Gujarat 2022 LiveLaw (Guj) 209 Sabirbhai Gafarbhai Multani Versus State Of Gujarat 2022 LiveLaw (Guj) 210 Hamidabanu Anawarbhai Multani & 2 Other(S) V/S Haiderbhai Bhikhabhai Bhetariya & 5 Other(S) 2022 LiveLaw (Guj) 211 M/s MBR Flexibles Ltd....