Magistrate Can't Refer Defamation Complaint To Police For Investigation U/S 156(3) CrPC Even If Other Offences Are Also Alleged: Karnataka High Court

The Karnataka High Court has said the bar under Section 199 CrPC on a Magistrate from exercising powers under section 156(3) of the Criminal Procedure Code (CrPC) on a complaint involving offences punishable under Section 500 of the Indian Penal Code, would be applicable even in cases where offences are alleged for other offences in addition with Section 500 of the IPC.Section 199...

REET Paper Leak | "67 Persons Arrested So Far", State Informs Rajasthan High Court; HC Orders To Investigate Role of Former RBSE Chairman D.P. Jaroli

While reviewing the status report of the court monitored Special Operation Group in the matter pertaining to the paper leak of Rajasthan Eligibility Examination for Teacher (REET) 2021, the division bench of Rajasthan High Court has recently ordered to investigate the role of D.P. Jaroli, former Chairman of Board of Secondary Education, Rajasthan (RBSE) and to interrogate him, if...

Gujarat High Court Weekly Round Up: May 30 To June 5, 2022

NOMINAL INDEX Subhashchandra Sanatan Mallik Through Babita Subhashchandra Mallik V/S State Of Gujarat 2022 LiveLaw (Guj) 187 Darshan Bipinbhai Trivedi Versus State Of Gujarat 2022 LiveLaw (Guj) 188 Mehulkumar Ramanlal Katpara Versus State Of Gujarat 2022 LiveLaw (Guj) 189 Symphony Limited Versus Raj Cooling System Private Limited 2022 LiveLaw (Guj) 190 Ranjeetsinh...

Sedition Case: Delhi Court Reserves Order On Sharjeel Imam's Interim Bail Plea

A Delhi Court on Monday reserved order on the interim bail plea moved by Sharjeel Imam in an FIR against him involving the offence of Sedition under sec. 124A of Indian Penal Code, in view of recent Apex Court order wherein the sedition law has been kept in abeyance till the Union Government reconsiders the provision.Additional Sessions Judge Amitabh Rawat also reserved the order on the...

Allahabad High Court Weekly Round Up: May 30 To June 5, 2022

NOMINAL INDEX Harish Chandra Bhati Versus Principal Commissioner Of Income Tax Noida 2022 LiveLaw (AB) 268 Bharat Pumps and Compressors v. Chopra Fabricators 2022 LiveLaw (AB) 269 Laxman Prashad v. State of U.P. and Another 2022 LiveLaw (AB) 270 Ishan International Educational Society Through its Director v. Shri Mukul Singhal Principal Secretary And 4 Others 2022...

Magistrate Must Afford Opportunity Of Hearing & Record His Satisfaction About Alleged "Nuisance" Before Passing Order U/S 133 CrPC: Karnataka HC

The Karnataka High Court has said that the power under Sections 133, 138 and 139 of CrPC to prevent public nuisance has to be exercised by affording sufficient opportunities to the parties and to record evidence and to arrive at a legal finding that the action of the person has resulted in nuisance to the general public at large. A single judge bench of Justice V. Srishananda made...

Rajiv Gandhi Assassination: Madras High Court Reserves Order On Convicts' Plea For Premature Release

The Madras High Court on Monday reserved orders on a plea filed by S. Nalini and RP Ravichandran for their premature release.When the matter came up before the bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala, the court stated that the powers of the Supreme Court under Article 142 could not be compared to the powers of the High Court under Article 226.The court stated that if...

IBC Cases Weekly Round-Up: 30 May To 5 June, 2022

Supreme Court Recovery Certificate Holder Can Initiate CIRP As Financial Creditor Under IBC: Supreme Court Case Title: Kotak Mahindra Bank Limited v A. Balakrishna & Anr. Case No.: 2022 LiveLaw (SC) 534, Civil Appeal No. 689 of 2021 The Supreme Court bench, comprising of Justices L. Nageswara Rao, B.R. Gavai and A.S. Bopanna, has held that a liability in respect of a...

Penalty Can't Be Imposed Without Giving The Opportunity Of Hearing To The Taxpayer: Andhra Pradesh High Court

The Andhra Pradesh High Court has ruled that the GST penalty cannot be imposed without giving the taxpayer an opportunity of hearing.The division bench of Justice C. Praveen Kumar and Justice V. Sujatha has observed that any rectification under Section 161 of the CGST Act, which adversely affects any person, is possible only after following the principles of natural...

NDPS Act | Passing Secret Tip About Illicit Drugs To Gazetted Officer Before Apprehending Accused Not Reason To Doubt Prosecution Story: P&H High Court

The Punjab and Haryana High Court recently refused to doubt the prosecution's story in a NDPS case, merely on the ground that the alleged secret information on the basis of which the accused was apprehended was shared with a Gazetted officer, even before his apprehension.The Petitioner, seeking regular bail in matter involving recovery of more than 20 kg tablets containing Tramadol salt,...

Show Cause Notice Mailed To The Wrong Email Address: Delhi High Court Remands The Matter To The Assessing Officer For A Fresh Decision

The Delhi High Court, consisting of Justice Manmohan and Justice Manmeet Preetam Singh Arora, has remanded the matter to the assessing officer for a fresh decision as the department mailed the show cause notice to the wrong email address.The petitioner/assessee submitted that the department alleged that the petitioner's claim for IGST Refund was incorrect and, hence, the amount "is...

Hanshkhali Gangrape & Murder: Victim's Kin Alleges Misconduct By Inspector-In-Charge Of Police Station

A plea has been raised before the Calcutta High Court on Monday on behalf of the parents of the deceased minor victim in the Hanshkhali gangrape and murder case, citing misconduct of concerned State police authorities. The Court had earlier ordered a probe by the CBI into the case. According to reports, a 14-year-old girl belonging to the scheduled caste community died on April 5 after she...