News Updates
Robbery By Five Persons Or More An Essential Element Of Dacoity: Gujarat High Court
While affirming that the commission of robbery by five or more persons is an essential ingredient of dacoity under Section 391 of IPC, the Gujarat High Court refused to set aside the order of the Sessions Court acquitting the accused persons.A Bench bench comprising Justice SH Vora and Justice Sandeep N Bhatt observed,"According to section 391 of IPC, dacoity is robbery committed by five...
'It Is Absurd': Delhi High Court Asks Govt To Reconsider Order Mandating Face Masks Inside Private Vehicles
The Delhi High Court on Tuesday called the order passed by the Delhi Government mandating wearing of face mask inside private vehicle as "absurd", asking further as to why the same was still prevailing in the changed circumstances. A bench of Justice Vipin Sanghi and Justice Jasmeet Singh was apprised by Senior Advocate Rahul Mehra appearing for the Delhi Government that the order...
Abkari Act| Notice Of Confiscation Proceedings Need Not Be Served Upon Person From Whom Property Is Seized If Already Issued To Its Owner: Kerala HC
The Kerala High Court recently held that the authorised officer exercising power under Section 67B(2) of the Abkari Act need not issue a notice of confiscation proceedings to the person from whom the property has been seized before ordering the confiscation if he is not the owner of the property.A Division Bench of Justice P.B Suresh Kumar and Justice C.S Sudha observed:"It can thus be seen...
Every Offence Under Negotiable Instruments Act Is Compoundable: Gujarat High Court
The Gujarat High Court has held that when parties have settled the dispute amicably, the compounding of the offence is permitted with regard to an offence under Section 138 of the Negotiable Instruments Act, 1881.Justice Vipul Pancholi took note of Section 147 of the Act which provides that notwithstanding anything contained in CrPC, every offence punishable under this Act shall...
Plea Filed In Delhi High Court Against Alleged Illegal Transportation Of Camels For Republic Day Parade
A PIL has been filed in the Delhi High Court against alleged illegal transportation of camels to the national capital from their natural habitat in Rajasthan, for demonstration in the Republic Day parade.The petition has been filed by an organisation namely Scouts & Guides For Animals and Birds, alleging that the impugned actions are not only violative of statutory prescriptions under...
Limitation Act Does Not Apply To Criminal Proceedings Unless There Are Specific Provisions To That Effect: Chhattisgarh High Court
The Chhattisgarh High Court recently held that the Limitation Act, 1963, does not apply to criminal proceedings unless express and specific provisions to that effect are contained in the statute. Justice Gautam Chourdiya thus held that there is no specific bar that if complaint of electricity theft is filed after twenty four hour of disconnection of electricity, cognizance of the offence...
Mischief Rule Can't Be Invoked To Read 'Magistrate' As 'Special Court' U/S 52A NDPS Act: Orissa High Court
The Orissa High Court has held that mischief rule cannot be invoked to read the word 'Magistrate' as 'Special Court' under Section 52-A of the Narcotic Drugs and Psychotropic Substances Act, 1985.Section 52A pertains to disposal of seized narcotic drugs and psychotropic substances. Sub-section 2 thereof provides that where any narcotic drug or psychotropic substance has been seized...
Advertisement Under Drugs & Magic Remedies Act Includes Oral Advertisements As Well: Allahabad High Court
The Drugs and Magic Remedies (Objectionable Advertisement) Act, 1954 was brought in considering the increasing objectionable advertisements claiming to cure venereal diseases, diseases and conditions peculiar to women, and the term advertisement as per this act includes 'oral announcements' for the purposes of the Act, Allahabad High Court has held. In an appeal filed against...
Award Of Interest Contrary To Express Terms Of Agreement Susceptible To Challenge Under S.34 Of Arbitration Act: Delhi High Court
The Delhi High Court recently reiterated that the award of interest contrary to the express terms of the agreement between the parties would be susceptible to challenge under Section 34 of the Arbitration & Conciliation Act 1996. However, Justice Vibhu Bakhru added, if there is no such agreement proscribing award of interest, the award of interest cannot be faulted.The observation...
Karnataka Bitcoin Scam: Brother Of Accused Sirkrishna Moves High Court Against Restriction On Foreign Travel, Notice Issued
The Karnataka High Court on Monday issued notice to the Enforcement Directorate on a petition filed by Sudarshan Ramesh, brother of alleged bitcoin scam accused Sirkrishna, questioning the action of the authorities in restraining him from leaving India and travelling to Netherlands. Justice Krishna S Dixit issued the notice. Senior Advocate Vikram Huilgol, appearing for the...
Karnataka High Court Monthly Digest: January 2022
This digest contains all the important judgments and orders pertaining to Karnataka for the month of January 2022, covered by LiveLaw.1: JLR Is State Owned Company, Not Required To Obtain Permission Of Central Govt For Construction Within Reserve Forest: Karnataka High Court Case Title: PS Mohan v. State Of Karnataka Citation: 2022 LiveLaw (Kar)1 The Karnataka High Court...