News Updates
"Pawns In Hands Of Political Powers": Calcutta HC Reduces Sentence Of Agricultural Labourers Convicted For Assaulting Man Over Political Rivalry
The Calcutta High Court on Tuesday reduced the sentence awarded to persons concurrently convicted under Section 324 read with Section 34 of the Indian Penal Code after noting that they are mostly agricultural labourers who had fallen prey to the hands of political powers without having any knowledge about politics.In the instant case, the appellants had been convicted for causing the death of...
Long Period Of Incarceration Coupled With No Possibility To Conclude Trial In Near Future Can Be Fresh Ground For Bail: Allahabad HC
The Allahabad High Court has observed that if there is no possibility to conclude the trial in near future and the accused applicant is in jail for a substantial long period then such a long period of incarceration may be considered as a fresh ground for the purpose of grant of bail.The Bench of Justice Rajesh Singh Chauhan observed thus while granting bail to one Anokhi Lal under Sections...
Party's Participation Insufficient To Infuse Life To Arbitral Proceedings If Award Is Void Due To Arbitrator's Ineligibility: Delhi HC Opines Prima Facie
Expressing a prima facie opinion, the Delhi High Court has observed that the participation of any party is not sufficient to infuse life to arbitral proceedings if the award is void ab initio on the ground of ineligibility of an arbitrator. Justice Vibhu Bakhru made the said observation while staying the enforcement of an arbitral award in the case of Ruia Exports & Another v....
"Not Grave Misconduct": Madras High Court Orders Reinstatement Of Workman Who Hung Dr. Ambedkar's Photo In Office Without Permission
The Madras High Court has recently directed reinstatement of a workman, working with a bank and belonging to the Scheduled Caste Community, who was dismissed from service after an incident of hanging Dr. BR Ambedkar's photo in the Bank premises, without prior permission.The bench of Justice M. Duraiswamy and Justice J. Sathya Narayana Prasad stated that the single Judge, which had allowed...
Can Mere Utterances Qualify As Conspiracy? Kerala High Court Asks State In Dileep's Plea To Quash FIR In Murder-Conspiracy Case
The Kerala High Court on Wednesday continued to hear the parties in actor Dileep's plea seeking to quash the FIR filed by the Crime Branch of Kerala Police against him and five others for conspiring to murder the investigation officials in the 2017 actor rape case, in which Dileep is facing trial as the chief conspirator.Justice Ziyad Rahman A.A heard the arguments in the afternoon session...
Nun Rape Case : State Moves Kerala High Court Challenging Bishop Franco Mulakkal's Acquittal
In a much anticipated move, the State has filed an appeal against the decision of the Additional District and Sessions Court acquitting Bishop Franco Mulakkal of the Catholic Church in the nun rape case.Franco Mulakkal, the Bishop of Jalandhar, was accused of raping a nun from the Missionaries of Jesus convent in Kuravilangad. The survivor alleged that Franco raped her 13 times during his...
NDPS Act | Courts Can't Declare A Particular Drug As 'Manufactured Drug' Or 'Psychotropic Substance': JKL High Court
The Jammu and Kashmir and Ladakh High Court has observed that the Courts cannot make a declaration that a particular drug is a 'manufactured drug' or a 'psychotropic substance' under the NDPS Act.The Bench of Justice Sanjay Dhar observed thus as it and that this is the job of the Government to take decisions over including a particular drug in the list of 'manufactured drugs' or...
Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived
The Madhya Pradesh High Court recently held that the period of one year of living in separation is a must to the filing of an application for divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act and that waiver of this period under Section 14 of the Act is not permissible. The division bench of Justice Sheel Nagu and Justice D.K. Paliwal was dealing with first...
Section 420IPC- Complaint Can Be Quashed If Company Is Not Made A Co-Accused In A Crime: Andhra Pradesh High Court
The Andhra Pradesh High Court recently exercised its inherent powers under Section 482, CrPC to quash a FIR which had not made a company as co-accused even though the transaction was made with the company. Brief Facts of the case The Criminal Petition was filed under Section 482 CrPC seeking to quash the FIR registered under Section 420 of Indian Penal Code dealing with punishment...
Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court
The Delhi High Court has observed that the power under Order XXXVIII Rule 5 of Code of Civil Procedure cannot be exercised by High Court mechanically or merely for the asking of plaintiff to the suit. Justice Amit Bansal observed,"provisions of Order XXXVIII Rule 5 of the CPC have to be used sparingly and that the plaintiff has to satisfy the Court that the defendant is seeking to...
'Courts Exist For Convenience Of Litigants, Not Advocates': Bombay HC Rejects Bar Association's Plea Against Establishment Of Court At Wai
The Bombay High Court has rejected the writ petition filed by Satara District Bar Association, opposing its decision to establish the Court of an Additional District Judge and the Court of a Civil Judge in Maharashtra's Wai town. The Association had stated that the decision would put Judicial officers, staff and litigants to great difficulty.While dismissing the writ petition, a bench...
Absence Of Reasons In Order Imposing Penalty Violates Principles Of Natural Justice: Andhra Pradesh High Court
In a recent case, Justice R. Raghunandan Rao of the Andhra Pradesh High Court has reiterated the principle that absence of reasons in an order as to why conditions and penalty are imposed is a violation of natural justice principle. The petitioner had been granted a quarry lease for Black Granite over an extent of land for a period of 20 years. The said lease had been determined by...