Courts Do Not Have The Power To Seize The Passport Under Section 104 CrPC Even When A Criminal Case Is Pending: Andhra Pradesh High Court

The Andhra Pradesh High Court has recently reiterated that impounding of a passport cannot be done by the Court under Section 104 CrPC even when a criminal case is pending. The criminal petition was filed under Section 482 of the Code of Criminal procedure seeking to quash the order of the Court of Principal Sessions Judge and to return the passport of the petitioner to allow him...

"Kingpin, Globetrotter, May Jump Bail If Granted": Delhi Police Opposes Wrestler Sushil Kumar's Plea In Chhatrasal Stadium Murder Case

Opposing the bail plea filed by wrestler Sushil Kumar in Chhatrasal Stadium murder case of former junior national wrestling champion Sagar Dhankhar, the Delhi Police has told the Delhi High Court that Kumar is a 'kingpin' and a 'globetrotter' who may jump bail if granted. As per the status report filed by the Delhi Police, it is clear from the statements of victims and injured as well...

Using Term 'Straight Shooter' In Message Doesn't Amount To 'Extortion' Or 'Criminal Intimidation': Punjab & Haryana High Court

The Punjab and Haryana High Court recently quashed an FIR against a man who had been booked under Sections 386 [Extortion by putting a person in fear of death or grievous hurt] & 506 [Punishment for criminal intimidation] IPC for allegedly sending a WhatsApp message to the complainant using the term 'straight shooter' to extort money.The Bench of Justice Anupinder Singh Grewal concluded...

Right To Withdraw Notice Of Voluntary Retirement Before Intended Date Lost By Accepting Post-Retiral Benefits: Bombay High Court

The Bombay High Court bench of Justices A.S. Chandurkar and G.A. Sanap recently held that an employee who is entitled under the applicable laws to withdraw his offer of voluntary retirement before the intended date of such voluntary retirement, loses his right to do so by accepting the retirement benefits.The petitioner, who was serving as 'Assistant Manager' with the erstwhile Corporation...

Breaking | Calcutta High Court Upholds Single Judge Order Refusing Protection From Arrest To TMC Leader Anubrata Mondal In Cattle Smuggling Case

The Calcutta High Court on Tuesday upheld a Single Bench order refusing to grant protection from arrest to Trinamool Congress (TMC) leader Anubrata Mondal in the ongoing cattle smuggling case, probed by the Central Bureau of Investigation (CBI). Mondal had moved a Single Bench of the High Court pursuant to the issuance of a CBI notice under Section 160 of CrPC directing him to appear before...

'No Procedural Irregularity': Madras High Court Dismisses TN State Marketing Corporation's Plea Against Reassessment Orders U/S 148 Income Tax Act

Madras High Court has held that the writ petition filed by Tamil Nadu State Marketing Corporation Ltd challenging the Assessment Order for the year 2015-16 is not maintainable. The court also clarified that the current order only touches upon the maintainability of the writ petition in reference to the notice under Section 148 of the Income Tax Act and the objections thereupon, and not the...

"Refusal Of Trademark Sans Hearing Contrary To Natural Justice": Delhi HC Asks Controller General To Devise Proper Mechanism For Show Cause Hearings

Observing that refusal of a trademark without even affording an opportunity of hearing to the applicant would be contrary to the fundamental tenets of natural justice, the Delhi High Court has asked the Controller General of Patents, Designs & Trade Marks (CGPDTM) to devise a proper mechanism for holding show cause hearings. Further noting that the Trademark Registry deals with lakhs...

Bombay High Court Issues Notice On PIL Seeking Reservation In Public Employments For Transgender Persons

The Bombay High Court on Monday directed the Maharashtra Government and the Public Service Commission to respond to a PIL seeking reservation in employment for members of the third gender (transgender community) in all government-controlled establishments and institutions. "The State of Maharashtra has failed to fulfill its Constitutional obligation under Article 14 and Article 21...

"First Time Offender, Prolonged Incarceration Detrimental To Well Being": Delhi Court Grants Bail To Accused In 'Sulli Deals' App Case

A Delhi Court on Monday granted bail to Aumkareshwar Thakur, accused of creating the 'Sulli Deals' app on GitHub, observing that he is a first time offender and that prolonged incarceration would be detrimental to his overall well being.Chief Metropolitan Magistrate Pankaj Sharma of Patiala House Court granted bail to Thakur after noting that the investigation in the matter was completed as...

Opportunity To Make Representation Against Preventive Detention Must Be Given Before Detaining Authority, Not State Govt: Madhya Pradesh High Court

The Madhya Pradesh High Court recently set aside an order of preventive detention on the ground that the detenu was not given an opportunity to submit a representation before the detaining authority, which was in violation of his fundamental rights under Article 22(5) of the Constitution of India. The division bench of Justice Sheel Nagu and Justice M.S. Bhatti was essentially...

High Court Refuses To Grant Interim Stay On Operation Of Kerala Maritime Board (Amendment) Ordinance, 2022

The Kerala High Court has declined to grant interim relief in the plea challenging the constitutionality of the Kerala Maritime Board (Amendment) Ordinance, 2022.Justice P.V. Kunhikrishnan noted that since only one of the Board members had raised a grievance, the matter could be decided after the vacation while adding that a stay was not necessary for the meantime since the Board was not...

How Functioning Of Prisons Be Made More Conducive For Maintaining Discipline Amongst Inmates? Delhi High Court Seeks Assistance Of DGP

The Delhi High Court has sought assistance of the Director General of Prisons in recommending changes in the manner in which functioning of prisons here would be made more conducive for maintaining discipline amongst inmates and obviating incidents of violence inside jails. A division bench comprising of Justice Siddharth Mridul and Justice Anup J. Bhambhani requested Director General...