News Updates
POCSO Act Not In Derogation Of Any Other Law, Has Overriding Effect In Case Of Inconsistency: Karnataka High Court
The Karnataka High Court recently increased the sentence of imprisonment from seven years to ten years, imposed on an accused convicted for raping a minor girl and charged under sections of the Protection of Children From Sexual Offences (POCSO) Act. A division bench of Justice H.T.Narendra Prasad and Justice Rajendra Badamikar said,"Section 42A (POCSO Act) makes it clear that act...
"Injury Due To State Action Considered At Higher Standard": Delhi High Court Grants ₹15L Compensation To Victim Of 1997 CP Shootout
The Delhi High Court has granted compensation of Rs. 15 lakhs to a victim of Connaught Place shootout which took place on 31st March 1997. The man was grievously injured and continued to carry shrapnel in his body. The Court observed that the injury caused due to the state action where the police officials were convicted of criminal offences needs to be considered at "higher standard" as...
Patna High Court Grants Bail To 5 Students Arrested In Connection With January 2022 RRB-NTPC Exam Protest Case
The Patna High Court granted bail to 5 students arrested in connection with the January 2022 protest over the Railway Recruitment Board's Non-Technical Popular Categories (RRB-NTPC) Exam-2021.The protest took place over the alleged "inaccurate results" of the Railway Recruitment Board's (RRB) NTPC 2019 exam. Candidates were also opposing the decision of the Railways to hold the exams in...
Chairman Of Monitoring Committee Has Locus Standi To File Application For Fresh CIRP: NCLT Kolkata
The National Company Law Tribunal ("NCLT"), Kolkata Bench, comprising of Shri Rajasekhar V.K. (Judicial Member) and Shri Balraj Joshi (Technical Member), while adjudicating an interim application filed in Beni Gopal Singhi v EMC Ltd., has held that the Chairman of Monitoring Committee has the locus to file an application before the Adjudicating Authority to give a fresh lease of life...
Actor-Producer Vijay Babu Moves Kerala High Court Seeking Pre-Arrest Bail In Rape Case
Malayalam actor-producer Vijay Babu has approached the Kerala High Court today seeking anticipatory bail after an actress accused him of sexually exploiting her."He was like a monster to me," the de facto complainant is reported to have mentioned in her statement. As per her statement, the actor 'gained her trust by being friendly and advising her' when she was a newcomer in the industry....
Employment Obtained Through Fake Caste Certificate Is 'Void Ab Initio': Madras High Court Orders Compulsory Retirement
The Madras High Court on Thursday ordered compulsory retirement of an employee of Indira Gandhi Centre for Atomic Research who had gained employment by submitting a fake SC community certificate. The court also directed that the employee shall be eligible for only 40% of the pension benefits and not eligible for any other terminal benefits, such as gratuity, DCRG and the like, excluding the...
NDPS ACT | Minor Discrepancy In Sample's Weight Sent To Forensic Lab Can't Shake Roots Of Prosecution's Case: Allahabad High Court
Dismissing two bail pleas filed by Accused under the Narcotic Drug and Psychotropic Substances Act, the Allahabad High Court has observed a minor discrepancy in the weight of the sample sent to the Forensic Laboratory cannot shake the roots of the prosecution case.The Bench of Justice Krishan Pahal denied bail to the two Accused [Chhotey Lal and Kavinder Kumar] booked under Sections 8(C)/18/29...
Plea Of Alibi By Accused Can't Be Taken Into Consideration At Pre-Trial Stage As It Is A Disputed Question Of Fact: Andhra Pradesh High Court
The Andhra Pradesh High Court in a case dismissed the petition for discharge of accused on his plea that he was not present at the scene of offence during the commission of the offence. The court ruled that plea of alibi by accused cannot be taken into consideration at the time of framing of charges, since it is a disputed question of fact."When the accused has taken a plea of...
SC's Verdict On Validity Of Sedition Law Will Have A Bearing: Delhi High Court Adjourns Bail Pleas Of Umar Khalid & Sharjeel Imam To May 6
The Delhi High Court on Friday adjourned to May 6 hearing in the appeals filed by student activists Umar Khalid and Sharjeel Imam challenging the Trial Court's orders refusing them bail in the Delhi riots larger conspiracy case.A division bench comprising of Justice Siddharth Mridul and Justice Rajnish Bhatnagar was of the view that since the matter pertaining to the challenge to...
Section 34 Proceedings Are Summary In Nature; Does Not Permit Additional Evidence To Be Filed Unless Absolutely Necessary: Madras High Court
The High Court of Madras has held that the challenge proceedings under Section 34 of the A&C Act are summary in nature, therefore, the same shall be decided based on the record that was available with the arbitral tribunal and no additional document shall be permitted to be brought in at that stage unless absolutely warranted. The Single Bench of Justice M. Sundar further held...
Conditional Bail May Be Granted For Non-Bailable Offences U/S 439 CrPC If Considerable Progress In Investigation: Andhra Pradesh High Court
In a recent case, the Andhra Pradesh High Court in exercise of its special power under Section 439 of CrPC granted conditional bail to the petitioner who was accused of a non-bailable offence as there had been considerable progress in the investigation since the time of arrest. The criminal petition was filed under Section 439 of the Code of Criminal Procedure to...