S.173(8) CrPC | Seeking Permission From Court To Conduct Further Investigation ‘Desirable’ But ‘Not Mandatory’: Orissa High Court

The Orissa High Court has recently held that an order of cognizance cannot be quashed merely because the police conducted ‘further investigation’ under Section 173(8) of the Code of Criminal Procedure without obtaining formal permission from the Court.While refusing to quash the order of cognizance against the petitioner, the Single Bench of Justice Gourishankar Satapathy observed,“The...

S.227 CrPC | Notarised Affidavit By Complainant Not Sufficient To Discharge Accused: Kerala High Court

The Kerala High Court recently held that a notarised affidavit signed by the de facto complainants exonerating the accused person cannot be taken in isolation to discharge the accused.Justice N. Nagaresh explained that to discharge an accused person under Section 227 of the CrPC, the Court ought to determine if there are sufficient grounds to proceed against them. If such grounds are found,...

Supreme Court Refers Sedition Law Challenge To Larger Bench, Says New Bill To Replace IPC Can't Affect Past Cases

The Supreme Court on Tuesday (September 12) referred the petitions challenging the sedition law (Section 124A of the Indian Penal Code) to a bench of at least 5-judges.A three-judge bench led by Chief Justice of India DY Chandrachud said that a reference to a larger bench was needed as the provision was upheld by a 5-judge bench in the 1962 judgment Kedar Nath Singh v. State of Bihar. Being...

Once A Law Is Declared Unconstitutional, It Becomes Inoperative From Its Inception; Void Ab Initio : Supreme Court

A constitution bench of the Supreme Court has reiterated that a declaration as to such unconstitutionality will relate back to the time of the law's enactment.

More Than 1.6 Crore Cases Settled In 3rd National Lok Adalat: NALSA

More than 1.67 Crore cases were settled in 3rd National Lok Adalat organised by the National Legal Services Authority (NALSA) and under the stewardship of Supreme Court judge Justice Sanjay Kishan Kaul and Executive Chairman, NALSA, in 35 States and UTs, except Delhi and Manipur."More than 1.67 Crore cases which include about 32.27 lakh pending cases and about 1.35 crore pre-litigation...

Temple Premises Cannot Be Used For Conducting Mass Drill, Weaponry Training: Kerala High Court

The Kerala High Court has directed the Travancore Devaswom Commissioner and the Administrative Officer of the Sarakara Devi Temple to ensure strict compliance of the prohibition on mass drills and weaponry practices in the temple premises. The Court issued the above direction in a plea alleging illegal encroachment of Sree Sarkara Devi Temple in Thiruvananthapuram by alleged members of...

'It's A Report After All, Not An Offence Committed On Ground': Supreme Court To Manipur Police On FIRs Against Editors Guild Members

Editors Guild of India told the Court that they prepared the report at the request of the Indian Army.

Electricity Tariff: Kerala High Court Strikes Down Regulation Imposing KSEB Pension Liability On Consumers

The Kerala High Court has held that electricity tariff charged from consumers will not include the amount allocated to the Master Trust, pension fund of Kerala State Electricity Board employees.Single Bench of Justice Murali Purushothaman struck down Regulation 34 (iv) of the the Kerala State Electricity Regulatory Commission (Terms and Conditions for Determination of Tariff) Regulations,...

Senior Citizen Can Reclaim Property If Neglected By Child, 'Love And Affection' Implied Consideration For Transfer: Madras High Court

The Madras High Court has observed that the phrase “subject to condition” employed in Section 23(1) of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 has to be understood holistically to mean an implied condition to maintain the senior citizen. According to Section 23(1) of the Act, Where any senior citizen who, after the commencement of this Act, has...

Objection U/S 47 CPC Cannot Be Raised In Proceedings For Execution Of Arbitral Award: Allahabad High Court Reiterates

The Allahabad High Court has recently dismissed a petition under Article 227 of the Constitution of India against the rejection of objection under Section 47 of CPC at the stage of execution of arbitral award.A bench comprising of Justice Neeraj Tiwari reiterated that arbitral award is not a decree under Section 2(2) of CPC, therefore, an objection filed under Section 47 of CPC in...

Life Sentence Inadequate Only When Reform Impossible: Calcutta High Court Refuses Death Penalty For Minor's Rape & Murder Convictions

The Calcutta High Court has upheld the conviction of four persons under Section 302 and 376(2)(g) of the IPC, for the rape and murder of a minor girl in 2004.However, refusing to impose punishment of death penalty, a bench of Justices Joymalya Bagchi and Gaurang Kanth referred to Supreme Court’s decision in Bachan Singh’s case and held:It is true the appellants have perpetrated the...

[Hapur Incident] Lawyers' Strike To Continue For Two Days Starting Today: UP Bar Council

Bar Council of Uttar Pradesh, on Sunday, passed a resolution stating that lawyers will continue to abstain from work on 11th & 12th September as the State Government is not attending to the grievances of the lawyers regarding the Hapur Incident.High Court Bar Association, Allahabad and Oudh Bar Association, Lucknow have passed similar resolutions declaring that lawyers will abstain from...