When Offence Under Mine And Minerals Act Is Compounded, Prosecution U/S 379 IPC Will Not Survive : Karnataka HC [Read Order]

Karnataka High Court has held that if the offence under the Mines and Minerals (Development and Regulation) (MMDR) Act is compounded by collecting fine, prosecution under section 379, of Indian Penal Code, does not survive. Justice P B Bajanthri quashed the proceedings registered against Suresh K and Fransic @Manjunath Joseph at the Kadaba police station for the offence p/u/s 4(1) and...

Let's Maintain Peace & Harmony In Courts, Resume Work From Tomorrow : BCI Appeals To Advocates [Read Press Release]

The Bar Council of India in a press release on Monday made an appeal to members of the bar to maintain peace and harmony in the Courts and resume court work from Tuesday. BCI requested all the advocates to go carefully go through the Delhi High Court's order dated November 3, Sunday wherein a judicial enquiry into the clash between lawyers and police officials in Tis Hazari Court premises...

'Prima Facie Evidence' For Summoning An Accused Doesn't Mean Warranting Conviction: Allahabad HC [Read Judgment]

The Allahabad High Court on Friday reiterated that a magistrate is obligated to mention his satisfaction as to the existence of a prima facie case, for summoning an accused. The observation was made in agreement with the argument raised by the Applicants that trial court had simply recorded a conclusion that on the basis of the statement of the complainant and his witnesses, prima...

Paternity Test: Gujarat HC Directs 80 Year Old Man To Undergo DNA Test

The Gujarat High Court has directed an 80 year old man to undergo DNA test.The court upheld an order of Family Court in a suit filed by a person who claimed that the man is his biological father. A man had filed a suit that, after the death of her first husband, his mother married the defendant, and thereafter they were living as husband and wife openly in the society. It was contended that...

'Every Act Of Disruption Of Public Order Will Not Amount To Offence Of Waging War' : Haryana Court In Dera Violence Case [Read Order]

A Panchkula Court in Haryana on Saturday dropped charges of waging war against India under Sections 121, 121A IPC against Honeypreet, the adopted daughter of convict Gurmeet Ram Rahim Singh, and 40 other accused in the 2017 Panchkula carnage case.. Judge Sanjay Sandhir of Additional District and Sessions Court Panchkula said, "as per the planning of the alleged meeting dated...

[Tis Hazari Violence] DHCBA Calls For Abstention Of Work Today

The recent incident of police firing at Advocates in the Tis Hazari Court has prompted the Delhi High Court Bar Association to call upon all its members to abstain from work today, i.e., November 4. The notice issued in this behalf read, "An emergent meeting of the Executive Committee was held on Saturday, 02.11.2019, to discuss and deliberate upon the action to be taken...

NCLAT Sets Aside IBC Order Passed By Judicial Member Alone In A Case Heard By DB

The NCLAT has set aside insolvency proceedings initiated against Ambience Pvt. Ltd by 'Vistra ITCL(India) Ltd.' on the ground that the matter was heard by a Division Bench of the NCLT Delhi, comprising of R. Vardharajan (Member Judicial) and Ms. Deepa Krishan (Member Technical) but the order was passed by a single bench comprising of only the judicial member. The application...

High Courts Weekly Round-Up

Allahabad High Court Reiterating that the State Government has the power to accord written permission for withdrawal of prosecution, the High Court quashed an order rejecting the application for withdrawal filed by the prosecution, and directed the trial court to consider the application afresh.Section 125 of the Code of Criminal Procedure, which is not community centric or...

[Tis Hazari Violence] Do Not Resort to Any Sort of Abstention or Boycott of Courts From Tuesday: BCI Appeals To Lawyers

In view of the quick and positive step taken by the Hon'ble High Court of Delhi in this sensitive matter for redressal of grievances of the Bar, the Bar Council of India appeals to the Advocates of the country to maintain peace and harmony and not to resort to any sort of abstention or boycott of Courts from Tuesday, the 5th November, 2019.

Punjab And Haryana HC Issues Directions To Ensure Proper Functioning Of Prisons [Read Judgment]

The Punjab and Haryana High Court has passed a series of mandatory directions to ensure that the prisons function properly and that humane living conditions are provided to the cell inmates in the State. The interim order has been made in a petition filed by one Dr. Swarandeep Singh, who came across grave irregularities in the functioning of jails, during his visits to the Central...

Victim Cannot Appeal Against Inadequate Sentence Under Section 372 of CrPC: Delhi HC [Read Judgment]

Delhi High Court has clarified the position of law on the right of the victim to file an appeal under section 372 of the Criminal Procedure Code. The court has held that the said the provision doesn't allow the victim to file an appeal for enhancement of sentence imposed on the convicted person. While denying the victim the right to move such an appeal, Justice Vibhu Bakhru went...

Tripura HC Rejects Bail Plea Of CPI(M) MLA Badal Choudhury In PWD Scam [Read Judgment]

The Tripura High Court on Thursday refused to grant bail to CPI (M) MLA Badal Choudhury, one of the prime suspects in the PWD Scam case. While adjudicating upon the bail plea filed by Chodhury's wife, the single judge bench of Justice Arindam Lodh said, "I am not inclined to grant bail in favour of the accused person. In my opinion, thorough investigation is necessary to unearth...