'Counterblast To Disclosure Against Dileep' : Director Balachadrakumar Moves Kerala High Court Seeking Pre-Arrest Bail In Rape Case

Malayalam film director Balachandrakumar has moved the Kerala High Court seeking anticipatory bail apprehending arrest in a case where he has been accused of raping a woman in 2010 and recording the incident on his cellphone. The director has been charged under Section 376 (i) of IPC (sexual assault) and Section 66 E of the Information Technology Act (violation of privacy). The prosecution...

S. 21 CPC | Subsequent Suit Seeking Further Reliefs Has To Be Stayed If There Is 'Identity Of Matter' In Previous Litigation: Delhi High Court

The Delhi High Court recently delved into an issue relating to staying of subsequent suit under Section 10 of the Civil Procedure Code, 1908 where there is identity of matter with previous litigation.Section 10 CPC stipulates that no Court shall proceed with the trial of any suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit...

1200-Crore Fertilizer Subsidy Scam: Allahabad High Court Hands Over Probe To CBI To 'Unveil Dolphins Accused'

The Allahabad High Court on Wednesday handed over the probe into an alleged scam of Rs. 1200/- crores in the subsidy to the manufacturers of fertilizers, without the actual supply of fertilizers by the manufacturers to the distributors.The Bench of Justice Gautam Chowdhary ordered thus in a 482 CrPC plea filed by one of the accused in the scam, Avinash Kumar Modi who sought for quashing...

Breach Of Main Contract Not Ground For Injuncting Payments Under Bank Guarantees/ Letters Of Credit: Delhi High Court

The Delhi High Court recently held that contracts in respect of Bank Gaurantees and Letters of Credit are independent of the main contract between the parties. Thus, even if there is a breach of the main contract, that cannot be a ground for injuncting payments under the Bank Gaurantees/ LCs.Justice Amit Bansal observed,"Merely because there is a dispute between the buyer and the...

2008 Ahmedabad Serial Blast Case: 38 Convicts Sentenced To Death

A special court on Friday sentenced 38 people to death in the 2008 Ahmedabad serial blast case.As many as 56 people were killed in the blasts that rocked Gujarat's capital on July 26, 2008.The court sentenced 38 of the 49 convicts to death under provisions of the Unlawful Activities (Prevention) Act (UAPA) and Section 302 of the Indian Penal Code. The 11 others were sentenced to life in jail...

Law Students Association Approaches Karnataka High Court Against Continuation Of KSLU Vice Chancellor Allegedly Beyond Prescribed Age Limit

A non-profit organisation, Law Students Association has approached the Karnataka High Court questioning the continuation of Prof. (Dr.) P. Ishwara Bha as the Vice Chancellor of Karnataka State Law University, allegedly beyond the prescribed age limit of 65 years. Advocate Vittal B R appearing for the petitioners on Friday submitted that section 14 of the Karnataka State Law University...

Duty Of Courts To Safeguard Properties Of Religious Institutions From Wrongful Claims: Kerala High Court

The Kerala High Court on Wednesday held that it is the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation. Observing so, a Division Bench of Justice Anil K. Narendran and Justice P.G Ajithkumar withdrew the permission granted by the Travancore Devaswom Board to a Delhi-based trust to organise a...

Reassessment Notice U/S 148 Of Income Tax Act Issued Against A Dead Person Is Null & Void: Delhi High Court

The Delhi High Court recently held that a reassessment notice issued under Section 148 of the Income-tax Act, 1861 against a dead person is null and void. A Division Bench of Justices Navin Chawla and Manmohan relied on the case of Savita Kapila v. Assistant Commissioner of Income Tax to answer the question of the validity of notice and consequent proceedings against a dead person. In the...

Reappointment Of Calcutta University Vice Chancellor Without Governor's Approval Challenged, High Court Seeks State's Response

The Calcutta High Court on Monday sought the State government's response in a Public Interest Litigation (PIL) challenging the reappointment of the Vice-Chancellor of the University of Calcutta Sonali Chakravarty Banerjee on the ground that such reappointment had been done in contravention of existing rules. The plea filed by practising advocate of the High Court Anindya Sundar Das contended...

Delhi High Court Restrains Historian Audrey Truschke & Others From Publishing Defamatory Material Against Vikram Sampath

The Delhi High Court on Friday restrained historian Dr. Audrey Truschke and other persons from publishing any defamatory material against historian Dr. Vikram Sampath against him till April 1 on Twitter as well as other online or offline platforms.Passing an ad interim order, Justice Amit Bansal also restrained the defendants from publishing the letter dated February 11 addressed to...

No Distinction Of Bailable & Non-Bailable Offence While Granting Bail To A Juvenile U/S 12 of JJ Act: Uttarakhand High Court

In light of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 the Uttarakhand High Court noted that any person, who is apparently a child, shall be entitled to be released on bail with or without surety or placed under the supervision of a probation officer or under the care of any fit person. Justice R.C. Khulbe noted that the distinction between bailable...

BREAKING: Calcutta High Court Dismisses PIL Seeking Removal Of WB Governor Jagdeep Dhankhar [Read Order]

The Calcutta High Court on Friday dismissed a PIL praying for a direction to the Central government to remove Jagdeep Dhankhar as the Governor of West Bengal, claiming that he was acting as the 'mouthpiece of the Bharatiya Janata Party'.Earlier, the Court had reserved judgment in the matter and had also observed orally, "We will consider and pass an order. Apparently we are of the view that...