Improvement In Charge Sheet Without Supporting Material Is Ground For Quashing Proceedings U/S 482 CrPC: Andhra Pradesh High Court

The Andhra Pradesh High Court recently ruled that statement added in charge sheet in the absence of any such averment in the FIR or Section 161 CrPC statement is an abuse of process of court and the proceedings can be quashed under Section 482 of CrPC. Brief Facts of the case On the FIR lodged by the complainant, a case was registered under various offences of IPC viz....

Gujarat High Court Weekly Round-Up [2022 LiveLaw (Guj) 48 - 2022 LiveLaw (Guj) 59]

Nominal IndexDharmendra Ravipratap Rajak v. State Of Gujarat Hirenbhai Hiteshbhai Patel v. State Of Gujarat Ahmedabad Municipal Transport Service v. Bodar Augustin Bhurjibhai J. v. State Of Gujarat (Name Concealed Intentionally) Maheshbhai Bhurjibhai Damor v. State Of Gujarat & 3 Other(S) Parulben Natwarlal Patel v. State Of Gujarat New India Assurance Co Ltd v....

Right Of Residence U/S 19 Of Domestic Violence Act Not Indefeasible In Shared Household When Daughter In Law Pitted Against Aged In Laws: Delhi HC

The Delhi High Court has observed that the right of residence under Section 19 of the Domestic Violence Act is not an indefeasible right of residence in shared household, especially, when the daughter-in-law is pitted against aged father-in-law and mother-in-law."Thus, where the residence is a shared household, it does not create any embargo upon the owner to claim eviction against...

Identity Of Juvenile Is Not To Be Disclosed: Allahabad High Court Reminds Its Registry

The Allahabad High Court has reiterated that the identity of a juvenile/ child in conflict with law must not be disclosed. Thus, the Court directed its Registry to redact the name of the juvenile accused in the present case, from the entire record.Justice Sanjay Kumar Pachori observed,"the identity of the juvenile in the present matter has been disclosed in the impugned judgment and order...

Motor Vehicles Act - New Provisions On Third Party Insurance, Accident Claims To Come Into Effect From April 1, 2022

The Central Government has notified that Sections 50 to 57 and 93 of the Motor Vehicles (Amendment Act) 2019 will come into force with effect from April 1, 2022.A notification issued by the Ministry of Road Transport and Highways on February 25 stated :"In exercise of the powers conferred by sub-section (2) of section 1 of the Motor Vehicles (Amendment) Act, 2019 (32 of 2019), the...

Four New Judges Take Oath In Delhi High Court, Working Strength Rises To 34

Four new judges took oath as Delhi High Court judges on Monday, February 28, 2022.Chief Justice DN Patel administered the oath for the newly appointed Judges. The new Judges (in the order of seniority) are:- Justice Neena Bansal Krishna- Justice Dinesh Kumar Sharma- Justice Anoop Kumar Mendiratta- Justice Sudhir Kumar JainWith the new appointments, the working strength of the High Court has...

Writ Court Ought Not To Interfere When Statutory Remedy Under SARFAESI Act Before Debt Recovery Tribunal Is Invoked: Telangana High Court

The Telangana High Court was of the opinion that writ jurisdiction cannot be exercised when the statutory remedy under Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI) has been invoked. The petition under Article 226 of the Constitution of India was filed by the petitioners for quashing the sale notice issued by...

Bombay High Court Weekly Round-Up: 2022 LiveLaw (Bom) 46 - 2022 LiveLaw (Bom) 55

A weekly round-up of important legal developments in Bombay.Nominal IndexDatta Mane vs State of MaharashtraNitesh Singh & Anr. v. Municipal Corporation of Gr. Mumbai & Ors. Saurabh Ashok Nikam vs State of Maharashtra Amitabh Bachchan & Anr. V/s. The Municipal Corporation of Gr.Mumbai & Ors. Hiten Dhirajlal Mehta vs Bhansali Productions Federation of Retail Trade...

Final Order Passed By Any Authority Despite Having Knowledge Of Court's Interim Order For Maintaining Status Quo Is A Nullity: Orissa HC

The Orissa High Court has reiterated that authorities cannot pass final order despite having knowledge that an interim order for maintaining the status quo has been passed by a Court/Tribunal. While granting relief to the petitioner, a Single Judge Bench of Justice Sashikanta Mishra observed, "Since the lis pertains to the legality as well as propriety of the...

Rajasthan High Court Weekly Round-Up: February 21 To February 27, 2022

Judgments/ Orders of the WeekCitations: 2022 LiveLaw (Raj) 71 - 2022 LiveLaw (Raj) 80 1. No Person Has A Vested Right To Be Posted At A Particular Place: Rajasthan High Court Denies Relief To Govt Teacher Case Title: Soniya Burdak v. State of Rajasthan Citation: 2022 LiveLaw (Raj) 71 The Rajasthan High Court has ruled that no person has a vested right to...

Karnataka High Court Weekly Round-Up: February 21 to February 27, 2022

A weekly round-up of important legal developments in Karnataka.1: No Vicarious Liability ForCriminal Offences In Absence Of Statute: Karnataka HC Quashes Defamation CaseAgainst MP Rajeev Chandrashekhar Case Title: Rajeev Chandrasekhar v. K.Koteswar Rao Case No: Criminal Petition No.101127 Of 2015 Citation: 2022 Livelaw (Kar) 51 The Karnataka High Court has quashed the...

Allahabad High Court Weekly Round Up: February 21 To February 27, 2022

CITATIONS 2022 LiveLaw (AB) 58 TO 2022 LiveLaw (AB) 76NOMINAL INDEX 1. Niyaz Ahmad Khan v. State of U.P. and Another 2022 LiveLaw (AB) 582. Tarun Pandit v. State of U.P. and Another 2022 LiveLaw (AB) 593. Virendra Singh vs State Of U.P. 2022 LiveLaw (AB) 604. Rakesh Kumar Pandey & Anr v. State Of U.P. & Anr. 2022 LiveLaw (AB) 615. Bheem Singh vs State of UP Through Secretary...