News Updates
Forwarding Of Woman's Nude Video Amounts To "Sexually Explicit Act" Under Section 67A IT Act : Bombay HC's Prima Facie View
Refusing anticipatory bail to a man accused of forwarding a married woman's nude video to several people, the Bombay High Court observed that prima facie his alleged misdeed would be an offence under Section 67A of the Information Technology Act. Section 67A prescribes the punishment for publishing or transmitting of material containing sexually explicit act. Justice Bharati...
Objective Of Investigation Is To Unearth Truth, IO Can't Throw Out Material Evidence Produced By Accused By Merely Citing S.91 CrPC: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that any documentary or oral evidence produced before the Investigating Officer (IO) during the course of investigation by any person including the accused- which is relevant, necessary or desirable for the purposes of investigation, cannot be thrown out by the IO by seeking shelter under Section 91 of the Code of Criminal...
Rajasthan High Court Orders Police Protection For Lawyer & His Family Threatened By Person Claiming To Be Confined In Jail
The Rajasthan High Court has granted protection to a lawyer and his family members, whose house was pelted with stones, allegedly at the instructions of person confined in jail. The court has directed the police authorities to extend necessary protection by deploying police personnel at petitioner-lawyer's house and also instruct PCR to have regular visits so that petitioner and his...
Advocate Issued With S. 41A CrPC Notice For Allegedly Providing 'Illegal Assistance' To Ex-ASG IH Syed, GHCAA Passes Resolution
A Gujarat High Court Advocate Aniq Kadri has moved the High Court challenging Section 41A CrPC issued to him by State Police for allegedly providing illegal assistance to former additional solicitor general (ASG) to the Gujarat High Court Senior Advocate IH Syed.Kadri has been summoned in connection with an FIR registered against Senior Lawyer Syed pertaining to a business dispute and he has...
"Identification Of Accused Persons Not Established At All, No Material": Court Acquits Two In Delhi Riots Case
A Delhi Court has recently acquitted two men namely Suraj and Yogender Singh in a case concerning the North East Delhi riots of 2020 , observing that the prosecution had miserably failed to prove the case against accused persons and that their identification was not established at all. (FIR 95/2020 PS Jyoti Nagar)Additional Sessions Judge Amitabh Rawat acquitted the duo of the offences of...
Can't Refuse Arms License Unless Applicant Found Unworthy U/S 14 Arms Act: Gujarat High Court
The Gujarat High Court recently allowed a writ petition challenging the order of District Magistrate rejecting the Petitioner's application for obtaining an arms license, stating that he was not found ineligible under Section 14 of the Arms Act, 1959.Section 14 provides circumstances for 'Refusal of licences', including where the licensing authority deems it necessary for the security of...
'Don't Have Special Powers Like SC U/Art 142': Madras HC Refuses Premature Release Of Convicts Nalini & Ravichandran In Rajiv Gandhi Assassination Case
The Madras High Court on Friday dismissed a plea filed by S. Nalini and RP Ravichandran, convicts in the Rajiv Gandhi Assassination case, seeking premature release. The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala observed that the High Court did not have special powers that the Supreme Court has under Article 142 of the Constitution. Thus, it cannot order their...
Foreigners Wearing Gold/ Silver Jewellery Worth Over ₹50,000 Must Declare To Customs: Madras High Court Upholds Penalty On Srilankan Family
The Madras High Court recently upheld the order of the Principal Commissioner (Revision Application) and held that gold/silver ornaments that are worn in person and exceed Rs. 50,000 in value have to be declared before the Customs Authority. Justice C Saravanan opined that the law was unambiguous in this regard. Though exemptions were provided under the Baggage Rules, 2016 it was...
'Convict Himself Has Minor Daughter, Chances Of Rehabilitation Can't Be Ruled Out': MP High Court Commutes Death Sentence For Rape & Murder Of 4-Yr-Old
The Madhya Pradesh High Court, Indore Bench recently commuted death sentence of a man convicted for rape and murder of a 4-year-old girl, observing that since he himself was father to a minor girl, his chances of rehabilitation could not be ruled out. The division bench of Justice Subodh Abhayankar and Justice S.K. Singh commuted the death sentence of the Appellant to 20 years...
Claim Petition Without Verification, Writ Not Maintainable Against An Order Dismissal Of Claim : Gujarat High Court
The High Court of Gujarat has held that a writ petition would not be maintainable against an order of the arbitral tribunal whereby it has rejected the claim of a party on the ground that its pleadings were without verification and affidavit to that effect. The Single Bench of Justice Vaibhavi D. Nanavati held that once the arbitrator rejects the claims of a party that essentially...
No GST Payable On Reimbursement Of Stipend Paid To Trainees: AAR
The Maharashtra Authority of Advance ruling (AAR) has ruled that GST is not payable on the reimbursement of stipend paid to trainees by industry partners.This Applicant, M/s Patle Eduskills Foundation is in the business of Human Resource & Skill Development and is a facilitator under the National Employability Enhancement Mission (NEEM Scheme) of the Government of India. The...
Bed & Breakfast Lodging Permitted By Tourism Corporation In Residential Premises Requires BMC License: Bombay High Court
Bombay HC has held that bed & breakfast lodging permitted by the Maharashtra Tourism Development Corporation (MTDC) in residential premises to promote tourism requires licence from BrihanMumbai Municipal Corporation (BMC) as it is a commercial use of premises.Justice Bharati Dangre observed that section 394 of the Mumbai Municipal Corporation Act, Act, 1988 (MMC Act) restricts...