Dying Declaration Can Be The Sole Basis Of Conviction If It Is True & Voluntary: Telangana High Court Reiterates

The Telangana High Court recently reiterated that Dying Declaration can be the sole basis of conviction if the deceased makes the statement in a fit state of mind and voluntarily. Chief Justice Satish Chandra Sharma relied on the decision in Atbir v. Govt. of NCT Delhi, 2010 in which it was ruled that the Dying Declaration can be the sole basis of conviction if it inspires full confidence...

Kerala High Court Issues Directions To Be Followed By Trial Courts While Sentencing

The Kerala High Court has recently issued a set of recommendations to be observed by trial courts while sentencing the accused in criminal matters.The guidelines were issued by a Division Bench of Justice K. Vinod Chandran and Justice C. Jayachandran while allowing a criminal appeal, thereby reversing the conviction and sentence imposed by a Sessions Judge on the appellant for...

S. 37 NDPS Act | Regular Bail For Possession Of 'Ganja' Can Be Granted If It Is Not Of Commercial Quantity: Andhra Pradesh High Court

The Andhra Pradesh High Court recently granted regular bail to an accused under Narcotics Drugs and Psychotropic Substances Act, 1985, noting that the rigours of bail stipulated under Section 37 thereof do not apply in case the recovery is not of commercial quantity contraband.The petition was filed under Sections 437 and 439 of Code of Criminal Procedure seeking regular...

Motor Accident| Veracity Of Witness Adducing Evidence Of Victim's Income Can't Be Doubted Merely Because He Appeared Sans Employer's Permission: Jharkhand HC

In a recent case seeking enhancement of compensation under the Motor Vehicle Act, 1989, the Jharkhand High Court refused to discard the testimony of a witness, General Manager at the company where the deceased used to work, merely because he appeared without permission from the Department Head.Justice Gautam Choudhary noted that the rules and protocols of official business in a private...

SSC 'Group-D' Recruitment Scam| Calcutta HC Stays Single Bench Order On CBI Probe & Further Proceedings For 2 Weeks [Read Order]

A Division Bench of the Calcutta High Court on Tuesday imposed a stay for 2 weeks on a Single Bench's order which had directed the Central Bureau of Investigation (CBI) to conduct a probe into the alleged irregularities in the appointment of 'Group-D' (non-teaching staff) in sponsored Secondary and Higher Secondary schools under the West Bengal Board of Secondary Education (WBBSE) on...

"Attitude Of Union Of India Has Been Lackadaisical": Delhi High Court Grants Last Opportunity For Filing Reply, Imposes Rs. 50K Cost

Noting that the attitude of the Union of India has been lackadaisical resulting in unnecessary adjournments in a case raising 'serious allegations' against Government Officers, the Delhi High Court has granted last and final opportunity to the Centre for filing it's reply subject to a cost of Rs. 50,000. Justice Subramonium Prasad was dealing with a plea which sought directions on the CBI...

When A Petition Is Filed By Several Persons Having Similar Interests But Not 'Common Interest', Separate Court Fee Has To Be Filed: Jharkhand HC

While hearing a reference from a single judge, a Division Bench of Jharkhand High Court has held that in petition filed jointly by several persons, one single court fee is justified where there is a common interest. However, when the interests are merely similar but not common, separate court fee has to be filed. Emphasizing the difference between the two, Chief Justice Ravi Ranjan and...

Matrimonial Case Transfer- Wife Not Having Anyone To Accompany Her Across Long Distance A Relevant Factor: Allahabad HC

The Allahabad High Court has observed that the fact that a wife is not having anyone to accompany her across a long distance is also a relevant consideration in ordering the transfer of a matrimonial case.The Bench of Justice J. J. Munir observed thus while allowing a transfer application filed by a wife seeking transfer of a matrimonial case (filed by the husband) from the court of...

Chhatrasal Stadium Murder Case- High Court Seeks Delhi Police's Response On Plea For Transfer Of Trial From Rohini Court

The Delhi High Court has sought the response of the Delhi Police on a plea seeking transfer of trial in the Chhatrasal Stadium Murder case from city's Rohini Court to some other district court in the interest of safety of the victims and prosecution witnesses for a fair and impartial trial as also an 'in-camera' day-to-day hearing in the matter. The case relates to the death of former...

SSC 'Group-D' Recruitment Scam: Calcutta HC Orders CBI Probe Despite Division Bench's Earlier Order Quashing Such A Probe; Appeal Filed Before Division Bench

In an unprecedented development, the Calcutta High Court on Tuesday ordered the Central Bureau of Investigation (CBI) to conduct a probe into the alleged irregularities in the appointment of 'Group-D' (non-teaching staff) in sponsored Secondary and Higher Secondary schools under the West Bengal Board of Secondary Education (WBBSE) on the purported recommendation by the West Bengal Central...

Prosecutrix Developed Physical Relation By Her Own Wish, Ready To Marry Accused: Madhya Pradesh High Court Grants Bail In POCSO Case

The High Court of Madhya Pradesh recently allowed a bail application of the Applicant, accused under the provisions of IPC and POCSO Act after considering the categorical statement made by the Prosecutrix, whereby she conveyed that she was a well-educated, grown up with a sound mind and that she developed physical relation with the Applicant by her own wish and was also ready to...

Commercial Wisdom of the CoC To Prevail, Unless The Same Is In Contravention Of Any Law, Reiterates NCLAT

The NCLAT, Principal Bench consisting of Justice Anant Bijay Singh (Judicial Member) and Ms. Shreesha Merla (Technical Member) in Noida Special Economic Zone Authority v. Mr. Manish Agarwal refused to set aside the order passed by the Adjudicating Authority, which approved the Resolution Plan, reiterating that the commercial wisdom of the CoC with respect to viability and financial...