Filing Written Request Must For The Accused To Be Treated As A Witness U/S 315 CrPC: Gujarat High Court

The Gujarat High Court has held that an accused person can be competent witness, provided there is a written permission or there is a written request made to the concerned court at the instance of accused under Section 315 CrPC.It thus dismissed the petition challenging the order of the Sessions Court which rejected the Petitioner's application for being treated as a witness, in the absence...

Summons U/S 160 CrPC Cannot Be Issued By Police Officer Without Registration Of FIR: Delhi High Court

The Delhi High Court has observed that summons or notices under Section 160 of the Code of Criminal Procedure can be issued by a Police Officer in order to set investigation into motion and that registration of FIR is must for the same.Section 160 CrPC provides for a Police officer's power to require attendance of witnesses.Justice Chandra Dhari Singh made the said observation while answering...

Clear Encroachments From Subramanyapura, Begur Lakes: Karnataka High Court Directs Designated Officers Of BBMP

The Karnataka High Court has directed the Executive Engineers (designated officers) of Bruhat Bengaluru Mahanagara Palike (BBMP) to take steps and remove encroachments which exist in the tank area of Subramanyapura lake and Begur lake. A division bench of Justice Alok Aradhe and Justice J M Khazi issued the direction while hearing a petition filed by Citizens Action Group and...

Bombay High Court Rejects Shiv Sena MLA Latabai Sonawane's Challenge To Invalidation Of Her Scheduled Tribe Certificate

The Bombay High Court on Friday dismissed Shiv Sena MLA Latabai Sonawane's plea challenging a decision of the Scheduled Tribe (ST) Certificate Committee that had dismissed her claim of belonging to the Tokre Koli, an ST community. A division bench of Justices Ramesh D Dhanuka and Sanjay G Mehare observed that "the petitioner's father's caste in his birth register is shown as "Koli"....

Gujarat High Court Weekly Round Up: June 6 To June 12, 2022

NOMINAL INDEX Iqbal Hasanali Syed V/S State Of Gujarat 2022 LiveLaw (Guj) 196 Rajeshkumar Umeshgiri Gauswami V/S State Of Gujarat 2022 LiveLaw (Guj) 197 Rajnibhai Ranchoodbhai Patel V/S Gandhinagar Jilla Sahakari Kharid Vechan Sangh Limited 2022 LiveLaw (Guj) 198 Divya Simandhar Construction Private Limited V/S Vadodara Municipal Corporation 2022 LiveLaw (Guj) 199 Sing...

Unauthorized Absence Cannot Amount To Automatic Cessation Of Service, Even If Delinquent Is A Probationer: J&K&L High Court

The Jammu and Kashmir and ladakh High Court recently quashed the termination order of an employee, working with subordinate judiciary in J&K, and held that unauthorized absence cannot and must not amount to "automatic cessation" of service, even if the delinquent is a probationer.A bench comprising Justices Ali Mohammad Magrey and Puneet Gupta quashed the termination order of...

Money Laundering Case: Delhi Minister Satyendar Jain Sent To 14 Days Judicial Custody

A Delhi Court on Monday sent Aam Aadmi Party Minister Satyendar Jain to 14 days judicial custody in connection with a money laundering case being probed by the Enforcement Directorate. The development came after Jain's 5 days ED custody expired today, which was extended on June 9. Jain was earlier remanded to 9 days of custody. Jain was arrested last month by the agency. The...

Filing Successive Anticipatory Bail Applications Without Substantive Change In Circumstances Is 'Abuse Of Process': P&H High Court Imposes 50K Cost

The Punjab and Haryana High Court has reiterated that filing of successive applications for anticipatory bail by a person apprehending arrest, without substantial change in circumstances, amounts to an abuse of process of Court.Dismissing one such application, Justice Vikas Bahl imposed Rs.50,000/- cost, payable to District Legal Services Authority within a month.The Petitioner in this case...

"Prima Facie Master Mind Of Illegal Land Grabbing": Special PMLA Court Takes Cognisance Of ED Complaint Against Nagpur Based Lawyer Satish Uke

Taking cognisance of the complaint filed by the Enforcement Directorate against Nagpur-based lawyer Satish Uke and his elder brother Pradeep in a money laundering case, the Special PMLA Court observed that prima facie they indulged in "illegal land grabbing". Special Judge M.G. Deshpande observed that Satish Uke was the "mastermind" of an alleged conspiracy to usurp various...

National Highways Act, 1956 | Disputes Regarding Compensation Payable For Land Acquisition Must Be Referred To Arbitration: Punjab & Haryana HC

The Punjab and Haryana High Court recently refused to exercise its writ jurisdiction in a dispute with regard to the assessment of the nature of the land to be acquired by the National Highway Authority of India and its market value.The bench comprising Justice Anil Kshetarpal held that as per the scheme of the National Highways Act, 1956, in case of any dispute, the amount is to be assessed...

Allahabad High Court Weekly Round Up: June 6 To June 12, 2022

NOMINAL INDEX Bhavesh Jain v. State Of U.P. Thru. Prin. Secy. Lko. 2022 LiveLaw (AB) 279 Shyam Sunder Prasad v. Central Bureau Of Investigation Lucknow 2022 LiveLaw (AB) 280 Vijay Mishra v. State Of U.P. Thru. Secy. Home Deptt. Lko. And Another 2022 LiveLaw (AB) 281 Ram Pravesh And 3 Other v. State of U.P. and Another 2022 LiveLaw (AB) 282 Basharat Ullah v. State Of U.P. And...

'Soft Target': Gujarat High Court Grants Anticipatory Bail To Ex-ASG IH Syed In Extortion Case, Says Allegations Apparently Designed To Humiliate Him

The former ASG at Gujarat High Court, IH Syed was granted anticipatory bail by a bench consisting of Justice Nikhil S. Kariel of the Gujarat High Court. The court found that the accused was not obliged to make out a special case for grant of anticipatory bail and even though the Court's power of granting anticipatory bail was not ordinary, its use was not confined to exceptional...