Appellate Court While Dealing With An Appeal Against Acquittal Should Not Only Scrutinize Evidence Before It But Also Satisfy Whether Trial Court's Decision Is Possible & Plausible View: Supreme Court

The Supreme Court recently reiterated that the appellate Court while dealing with an appeal against acquittal is not only expected to scrutinize not only the evidence before it but is also duty-bound to satisfy itself whether the decision of the trial court is both possible and plausible view.The bench of Justices SK Kaul and MM Sundresh made this observation while considering a criminal...

Caste Certificate Issued By Taluka Development Officer Is Valid, Not Violative Of Gujarat SC/ST Act 2018: High Court Dismisses PIL

The Gujarat High Court recently dismissed a PIL challenging a government order which permitted Taluka Development Officer, who is an officer under the Panchayat Department, to issue caste certificates under the Gujarat Scheduled Castes and Scheduled Tribes and other Backward Classes (Regulations of Issuance and Verification of Caste Certificates) Act, 2018.The petitioner-Trust had challenged...

Suit Filed By Minor Without Appointing Next Friend Is A Curable Irregularity: Kerala High Court

The Kerala High Court on Tuesday held that a suit filed by a minor without a next friend need not be taken off from the file since the same is a curable irregularity and by filing a subsequent application, the defect can be cured.Justice A. Badharudeen held that the defect can be cured by filing a separate petition for the same and that the suit can be proceeded thereafter. "...a minor...

'FIR Does Not Indicate Which Control Order Is Violated, Prosecution Not In Accordance With Law': MP HC Quashes Case Under Essential Commodities Act

The Madhya Pradesh High Court, Gwalior Bench recently quashed the F.I.R. and further criminal proceedings against the Applicant accused for offences under the Essential Commodities Act and Indian Penal Code, holding that prosecution launched by Police was not in accordance with law as they registered the case at their own instance, without taking permission of the Collector...

Social Worker Not Exempt From Exceptions U/S 8 RTI Act, Must Demonstrate Bona Fides In Larger Public Interest: Bombay High Court

Claims of being a "social activist" are not enough to get information under the RTI Act, the application must show details sought are bona fide in larger public interest, and without causing "unwarranted invasion of privacy of the individual" under Section 8(1)(j) of the RTI Act, the Bombay High Court has held. "The logic seems to be this: since Goyal (appellant) is a...

Karnataka High Court Quashes 8 Year Old Case Against BSP Chief Mayavathi

The Karnataka High Court recently set aside an eight year old criminal case pending against Mayavathi, Former Chief Minister & President Of Bahujan Samaj Party and Sathish Chandra Mishra National General Secretary & Member of Parliament, Bahujan Samaj Party. A single Judge bench of Justice Sunil Dutt Yadav said "In view of the explanation of the petitioners having been accepted...

Madhya Pradesh High Court Confers 'Senior' Designation On 15 Advocates; No Woman In The List

The Madhya Pradesh High Court today designated 15 lawyers as Senior Advocates. In a notification issued by Registrar, MP High Court, the following advocates have been designated as Seniors in the exercise of court's powers under Section 16 (2) of the Advocates' Act, 1961.1. Ajay Bagadiya [Indore]2. Ajay Gupta [Bhopal]3. Arun Kumar Shrivastava [Jabalpur]4. Arvind Dudawat [Gwalior]5. Atul...

DRI Can't Exercise The Power Under The Customs Act , High Court Quashes Search And Seizure

The Chhattisgarh High Court Bench of Justice P. Sam Koshy has quashed the unauthorised search and seizure proceedings and summons issued by the Directorate of Revenue Intelligence (DRI) on the grounds that DRI is not a "proper officer" under the Customs Act.The petitioner/assessee has been the proprietor of a jewellery shop. The office and the residential premises of the petitioner...

Jharkhand High Court Allows Compounding Of Offences At Appellate Stage, Sets Aside Judgment Of Conviction

The Jharkhand High Court recently allowed an appeal against conviction under Sections 324 and 326 of IPC for causing grievous hurt by use of dangerous weapons, and set aside the order of Sessions Judge following compromise between the parties.Justice Navneet Kumar noted,"In a criminal case where offences are of pure personal nature, not heinous or brutal and not adversely affecting the society...

UP Power Corporation EPF Scam: Supreme Court Issues Notice In CBI's Plea Challenging Allahabad HC's Order Granting Bail To Former UPPCL MD AP Mishra

The Supreme Court on Friday issued notice in the SLP preferred by Central Bureau of Investigation ("CBI") assailing Allahabad High Court's order of granting bail to Ayodhya Prasad Mishra, former Managing Director of Uttar Pradesh Power Corporation Limited (UPPCL) accused in EPF scam.The bench of Justices AM Khanwilkar and CT Ravikumar while seeking response from Mishra adjourned the matter...

Allahabad HC Grants Relief To Flipkart In A Case Over Sale Of Products In Violation Of Copyright Act

In relief to Flipkart Internet Private Limited and its officials, the Allahabad High Court issued an order to stay any coercive against the company officials till the next date of hearing in a case related to the sale of counterfeit products on the company's website. The bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar also issued notices to State of Uttar Pradesh and...

'Take Effective Steps To Secure Her': Calcutta HC Seeks Investigation Report In Habeas Corpus Plea Filed By Missing Girl's Father

The Calcutta High Court on Thursday directed the concerned police authorities to take all possible steps to find out the whereabouts of a 17 year old girl who had allegedly been abducted, and further submit a report detailing the progress of the investigation. A Bench comprising Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya were adjudicating upon a habeas corpus plea filed by...