S. 202 CrPC: Inquiry/Investigation Mandatory Before Process Issuance If Accused Resides Beyond Magistrate's Jurisdiction: Allahabad HC

The Allahabad High Court has clarified that as per Section 202 (1) CrPC, if an accused resides beyond the jurisdictional area of a Magistrate then it is mandatory for such a Magistrate to either inquire into the case himself or direct an investigation to be made, before issuance of process under Section 204 CrPC.The Bench of Justice Manju Rani Chauhan further observed that as per the provision...

Rajasthan High Court Issues Notice In PIL Seeking To Restrain Unregulated Vehicle Fitness Centers From Issuing Certificates

The division bench of Rajasthan High Court issued notice in a public interest litigation seeking to restrain unregulated Vehicle Fitness Centers from issuing certificates. While referring to the unregulated Vehicle Fitness Centers which alleged to have indiscriminately granted fitness certificates to unfit vehicles, the plea states, "These Vehicle Fitness Centers running in the...

Bombay High Court Weekly Round-Up: February 14 To February 20, 2022

CITATIONS 2022 LiveLaw (Bom) 37 TO 2022 LiveLaw (Bom) 45NOMINAL INDEX Dhanlaxmi Chandu Devrukar vs The Town Planning 2022 LiveLaw (Bom) 37 Tata Sons Limited vs Deputy Commissioner of Income & Ors. 2022 LiveLaw (Bom) 38 Satyanarayan Bankatlal Malu and Anr. v. Insolvency and Bankruptcy Board of India 2022 LiveLaw (Bom) 39 Aircon Beibars FZE v. Heligo Charters Private Limited...

Double Murder Case: Allahabad HC Sets Aside NSA Detention Order Against Former UP Minister Kamlesh Pathak

The Allahabad High Court has set aside the detention order passed against former Minister of State and MLC Kamlesh Pathak under the National Security Act, 1980 in connection with a March 2020 double murder case. This order has been passed by the division bench of Justice Sunita Agrawal and Justice Sadhana Rani Thakur in a habeas corpus petition filed by Pathak (Detenue/Petitioner) to quash...

['Obscene' Posts Against Lord Krishna] "Offence Against Society, Not A Fit Case To Quash FIR Against Accused": P&H High Court

The Punjab and Haryana High Court recently refused to quash an FIR filed against a man who has been booked for allegedly making remarks against Lord Shri Krishna on the holy festival of Shri Krishna Janamashtami and for putting out obscene pictures publicly.The Bench of Justice Jasgurpreet Singh Puri observed that the alleged offence was an offence against the society at large and it was not...

"Punjab Was Once A Prosperous State But Is Now At The Brink Of Drug-Trafficking": P&H High Court

"The State of Punjab which was known as one of the prosperous States is now at the brink of drug trafficking," observed the Punjab and Haryana High Court while denying bail to an NDPS Accused.The Bench of Justice Harnaresh Singh Gill observed thus while denying bail to one Harbhajan Singh booked under Sections 21 and 29 NDPS Act, 1985 for allegedly possessing 19000 intoxicating...

Madras High Court Imposes Exemplary Costs For Unwarranted Litigation

Madras High Court has imposed exemplary costs on a company for unwarranted litigation while simultaneously holding that the company was entitled to the counterclaim filed. The amount of counterclaim ordered in favour of the defendant company has been set off from the exorbitant costs imposed by the court on the company.Justice N. Anand Venkatesh also observed that the problematic attitude of...

Karnataka High Court Weekly Round Up : February 14 To February 19, 2022

1: Punishment Of Compulsory Retirement For Accepting ₹50 Bribe Disproportionate: Karnataka High Court Case Title: M.S. Kadkol v. State of Karnataka Case No: Writ Petition No.110912 of 2017 Citation: 2022 LiveLaw (Kar) 46 Almost 18 years after an employee of the State government was subjected to compulsory retirement for accepting a bribe of Rs. 50, the Karnataka High Court...

Delhi High Court Weekly Round Up: February 14 To February 20, 2022

CITATIONS 2022 LiveLaw (Del) 111 TO 2022 LiveLaw (Del) 133NOMINAL INDEXManika Batra v. Table Tennis Federation of India & Ors. 2022 LiveLaw (Del) 111AMIT @ SONU JAAT v. State and other connected matters. 2022 LiveLaw (Del) 112SAURABH AGGARWAL & ANR v. STATE & ANR.2022 LiveLaw (Del) 113LUV SHARMA & ORS v. STATE & ANR 2022 LiveLaw (Del) 114COMMONWEALTH HUMAN RIGHTS...

Take Disciplinary Action Against 'Conversion Therapy', Implement Revised CBME Curriculum For 2022-23: Madras HC

Previously, an expert committee was constituted by NMC pursuant to the court order for removing offensive and unscientific terms about the LGBTQIA+ community from the Competency-Based Under Graduate Curriculum (CBME).

Rajasthan High Court Refuses To Accept Claim For Compassionate Appointment Citing Delay Of 17 Years

The division bench of Rajasthan High Court observed refused to accept petitioner's claim for compassionate appointment after a great lapse of 17 years. Justice Anoop Kumar Dhand and Justice Manindra Mohan Shrivastava, ruled, "We are of the considered opinion that the contentions put forward by the counsel for the petitioners, do not carry any merit, as the subsequent...

Tax Authorities Duty Bound To Take Show- Cause Notice To Logical End Within Reasonable Time : Bombay HC Sets Aside 15 Year Old Notice

Observing that a party cannot be expected to preserve evidence/record intact for a very long period and it cannot be made to suffer gross delay on the part of tax authorities, the Bombay High Court has set aside a show-cause notice issued 15 years back against Bombay Dyeing and Manufacturing Company Limited. A division bench of Justice RD Dhanuka and SM Modak, in an order passed...