“Court Not Supposed To Act As Agent Of Prosecution”: Orissa HC Pulls-Up Trial Judges For Rejecting Default Bail Despite Non-Submission Of Chargesheet

The Orissa High Court has criticised a Magistrate and a Sessions Judge for rejecting default bail of two persons accused of murder, despite the fact that the chargesheet was not filed before the Court within the stipulated statutory period.While setting aside the orders of both the Courts below, the Single Judge Bench of Justice Sashikanta Mishra said,“It must be kept in mind that the Court...

Pursuing Master’s Course In Law Doesn’t Constitute A Break In Practice, Suspension Of Enrolment Not Required: Delhi High Court

The Delhi High Court has ruled that the eligibility criterion of seven years of continuous practise as an advocate to be appointed as a District Judge, as set out in Rule 9(2) of the Delhi Higher Judicial Services (DHJS) Rules, 1970 or Article 233(2) of the Constitution of India, does not require any inquiry into the actual area of practise as an advocate."If a person is enrolled as an...

Bombay High Court Weekly Round-Up: April 1 To April 8, 2023

Nominal Index [Citation 176 - 185]The Iffco Tokio General Insurance Company Ltd. v. Bhagyashri Ganesh Gaikwad 2023 LiveLaw (Bom) 176A v. B 2023 LiveLaw (Bom) 177X v. Y 2023 LiveLaw (Bom) 178Anil Jaisinghani and Anr. v. State of Maharashtra 2023 LiveLaw (Bom) 179Sameer Amrut Kondekar v. State of Maharashtra 2023 LiveLaw (Bom) 180M/s Omanand Industries & Anr. vs The Secretary to the...

Quarterly Digest Of Tax Cases: January-March, 2023

Indirect TaxesSupreme CourtSabka Vishwas Scheme : Supreme Court Grants Relief To Company Which Missed Deadline Due To IBC MoratoriumCase Title: Shekhar Resorts Limited vs Union of IndiaCitation : 2023 LiveLaw (SC) 15No one can be expected to do the impossible, the Supreme Court remarked while granting relief to a company which could not avail the benefit of settlement of tax dues under...

Can Centre Withhold Reasons Behind Blocking Orders? What Happens In Other Countries Like USA? Karnataka High Court Asks In Twitter's Challenge

The Karnataka High Court on Monday asked Twitter and the Union of India to clarify by Wednesday, on how laws of other countries including that of the United States of America deal with the aspect of disclosure of reasons by governments, while issuing account blocking orders to intermediaries for posting of objectionable content. A single judge bench of Justice Krishan S Dixit said...

Threshold Limit Of Rs. 1 Crore Applicable From The Date Of Filing And Not From Date Of Registration Of Petition: NCLAT Delhi

The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Shri Kanthi Narahari (Technical Member), while adjudicating an appeal filed in Royal Manpower Services v Faridabad Autocomp System Pvt. Ltd., has held the revised minimum threshold of Rs. 1 Crore is applicable from the date of filing of petition and not from the...

Gujarat High Court Seeks Congress MLA Kiritkumar Patel's Response On Plea Challenging His Election From Patan Assembly Constituency

The Gujarat High Court has issued notice to Congress MLA Kiritkumar Chimanlal Patel from Patan Assembly in an Election Petition alleging that he had not furnished information with regard to the FIRs registered against him in the affidavits filed before the Returning Officer during the 2022 Assembly Elections. The petitioner, an elector from the Patan Assembly, alleged in the...

When Girl Child Doesn’t Appear To Be Comfortable With Mother, Necessary For Court To Consider & Grant Custody To Father: Patna High Court

The Patna High Court has said that if a girl child expresses discomfort with staying with her mother, even if it is a temporary circumstance, it is a very necessary ground to be factored in for the Family Court to opine and direct that the girl shall stay with her father. The Division Bench of Justices Harish Kumar and Ashutosh Kumar observed: “The Court exercising...

Gondia Court Acquits 5 Of Naxal Activities; Says Prosecution Witnesses Gave False Testimony Under Police Pressure

A Gondia court recently acquitted five persons accused of Naxal activities observing that the prosecution witnesses were not trustworthy as they gave false statements under police pressure.“…the witnesses examined by the prosecution are not trustworthy and are deposing under the compelling situation and pressure of police…All these witnesses have given specific admissions in...

Kerala High Closes Suo Moto PIL Against Child Labour, Beggary; Directs Social Justice Dept To Monitor Govt Initiatives

The Kerala High Court recently directed the Kerala State Legal Services Authority (KELSA) to review the steps taken by it to protect and rehabilitate children engaged in begging and child labour, as well as the steps taken to combat drug abuse among children. The court also directed the Secretary to the Government of the Social Justice Department to monitor and review the initiatives taken by...

"Misunderstanding Cleared, No Point Continuing Differences": Mika Singh In Bombay High Court To Quash Molestation Case For Kissing Rakhi Sawant In 2006

After singer Mika Singh and entertainer Rakhi Sawant publicly made amends, Singh has approached the Bombay High Court to quash with consent the 17-year-old case against him for forcibly kissing Sawant twice at his birthday party in 2006.Singh states that Sawant’s allegations were a ‘misunderstanding’ and the scuffle thereafter between their friends was an “unplanned and...

S.265F J&K CrPC | Conviction Under Provisions Of Plea Bargaining Does Not Affect Character Antecedents Of Individual Seeking Employment: High Court

The Jammu and Kashmir and Ladakh High Court has recently ruled that conviction and sentencing of a convict by the trial court under the provisions of plea bargain as contained in Chapter XXII-A of J&K CrPC does not affect the character antecedents of an individual and hence cannot disable him from seeking a public employment. The observations were made by Justice Javed Iqbal...