Summons U/S 204 CrPC Can't Be Issued To Accused Residing Outside Magistrate's Jurisdiction Without Holding Inquiry U/S 202 CrPC: Calcutta HC

The Calcutta High Court on Monday held that before issuing summons to an accused under Section 204 of the CrPC, a Magistrate has to mandatorily hold an inquiry under Section 202 of the CrPC. Justice Ananda Kumar Mukherjee held that the scope of such enquiry under section 202 CrPC is limited to the ascertainment of truth or falsehood of the allegations made in the complaint: (i) on the...

Delhi High Court Dismisses Allegations Of False Implication Against Complainant, Cites Law On Appreciation Of Injured Witness' Testimony

The Delhi High Court recently referred to the law on appreciation of testimony of an injured witness, while upholding the judgment and conviction for attempted Murder punishable under Section 307 of IPC.Justice Manoj Kumar Ohri noted that the complainant/ witness had identified the appellant (convict) in Court and in cross-examination, he denied the suggestion that the appellant was...

S. 63 Of Copyright Act Is Cognizable Offence, Police Can Register FIR On Receipt Of Complaint: Karnataka High Court

The Karnataka High Court has held that Section 63 of the Copyright Act, which prescribes a punishment of minimum 6 months that may extend to 3 years imprisonment, is a cognizable offence and police can register an First Information Report, on receipt of a complaint. Justice M Nagaprasanna said,"Merely because a separate provision under Section 64 of the Act which depicts power...

Dileep Case : Kerala High Court Directs Handing Over Of Surrendered Mobile Phones To JFCM Aluva

The Kerala High Court on Tuesday ordered that the mobile phones surrendered by the actor Dileep and other accused before the Registrar-General of the HC shall be handed over to the jurisdictional magistrate (Aluva). The developments ensued in the alleged criminal conspiracy involving Dileep where we has been booked for conspiring to kill police officers investigating the sensational 2017...

Rajasthan High Court Monthly Digest: January 2022

This digest contains all the important judgments and orders pertaining to Rajasthan for the month of January 2022, covered by LiveLaw. Judgments/ Orders 1. District Judge Recruitment Exam; Rajasthan HC dismisses Plea Challenging Conditions On Candidates To Furnish 10 Certified Copies of Judgments Case Title: Laxmilal Salvi v. Registrar General, Rajasthan...

Kerala High Court Monthly Digest: January 2022

Judgments This Month1. Kerala High Court Upholds 10% EWS Reservation For Veterinary & Dental Courses Under KEAMCase Title: Vinay Shankar v. Union of India & Ors. Citation: 2022 LiveLaw (Ker) 1The Court upheld the 10% reservation earmarked for Economically Weaker Section (EWS) for Veterinary and Dental Courses under Kerala Engineering Architecture ad Medical (KEAM).Justice...

Vendors Selling Essential Goods & Services Can't Be Equated To Regular Shops: Delhi High Court

The Delhi High Court on Tuesday observed that participation of vendors in weekly markets in selling or dealing with essential goods and services is no ground to equate them with regular shops or establishments. A Bench of Justicr Vipin Sanghi and Justice Jasmeet Singh added that the nature of regular shops or establishment in a market area is very different from any weekly markets owing to...

Calcutta High Court Monthly Digest: January 2022

A monthly round up of important judgments and legal developments from the Calcutta High Court for the month of January as reported by Live Law. Important Judgments/Orders 1. Gangasagar Mela Monitoring Panel Reconstituted, Negative RTPCR Report Made Mandatory: Calcutta HC Modifies Event ConditionsCase Title: Dr. Avinandan Mondal v. State of West Bengal & OrsCitation: 2022 LiveLaw (Cal)...

Right To Privacy: Delhi High Court Issues Notice On Plea Against Illegal Use Of Mobile Hacking Spywares

The Delhi High Court has issued notice on a petition filed against illegal use, selling and operation of mobile spyware without license for the purpose of hacking and spying, thereby infringing citizens' right to privacy.Justice V Kameswar Rao sought response of Centre, Delhi Commissioner of Police, Google India, Cyber Crime Cell and others namely Cyberro Technologies Pvt. Ltd, Hello Spy,...

Chhattisgarh High Court Restrains NTPC From Invoking Bank Guarantee Against Contracting Party Before Trying Conciliation

The Chhattisgarh High Court recently directed the National Thermal Power Corporation [NTPC] to try and amicably resolve a contractual dispute before proceeding to invoke the bank guarantee furnished by its contracting party. Restraining the statutory corporation from encashing the bank guarantee, if not done yet, Justice P. Sam Koshy observed,"Considering the fact that the bank...

Madras High Court Monthly Digest: January 2022

A monthly round up of important cases and judgments from Madras High Court and its subordinate courts.1. Liquor Consumption In Clubs & Associations Require Valid Licenses, Cannot Act Beyond The Scope Of Registered Bye-Laws: Madras High Court Case Title: M/s.The Kancheepuram Reading Room and Tennis Club, Represented by its Secretary v. The Director-General of Police...

Parties To Litigation Entitled To Be Informed Of Reasons For Denial Of Their Claim : Kerala High Court

The Kerala High Court on Monday observed that a party to litigation is entitled to be informed of the reasons behind the denial of their claims. Thus, setting aside a non-speaking order passed by the Family Court, Justice Mary Joseph observed that although there is no rule that all reliefs sought for should be allowed but, a party is qualified to know why their relief was denied. "There is...