Prosecution For Offence Of "Waging War Against India" Will Not Stand Without Sanction U/S 196 CRPC: Allahabad Quashes Life Term Of Pak Citizen

The Allahabad High Court has held that prior government sanction under Section 196 of CrPC is mandatory to take cognizance of offences like Section 121-123 IPC and it thereby set aside the order of conviction and sentence of life imprisonment imposed on a Pakistani Jais-E-Mohommad Terrorist group member and another Indian citizen, for want of such sanction. Background The factual matrix of...

Bombay HC Directs Civic Body To Pay Rs 2 Lakhs To Mother Of Vegetable Vendor Killed In Wall Collapse [Read Judgment]

The amount is ordered to be paid as interim compensation.

Chopper Deal: Delhi HC To Hear Ratul Puri's Anticipatory Bail Plea Tomorrow

The Delhi High Court on Tuesday listed for tomorrow the anticipatory bail plea of Ratul Puri, nephew of Madhya Pradesh Chief Minister Kamal Nath, in connection with a money laundering case related to the AgustaWestland chopper scam. The matter came up before Justice Mukta Gupta who was informed by Puri's counsel that order has been reserved on his another petition by a coordinate bench of...

Bombay HC Confirms Death Sentence To Man Who Killed Daughter And Unborn Grandchild For Performing Inter-Caste Marriage [Read Judgment]

The Bombay High Court has confirmed the death sentence awarded to one Eknath Kumbharkar who was convicted of killing his 9 months pregnant daughter by strangulation as he had kept a 'grudge' against her for performing an inter-caste marriage against his wishes.A division bench of Justice BP Dharmadhikari and Justice Swapna Joshi held that the accused was a menace to the society and had broken...

Hindu Pakistan Remark : Kolkata Court Issues Arrest Warrant Against Shashi Tharoor

In a major development in the criminal case that was filed against Thiruvananthapuram MP Shashi Tharoor over his alleged "Hindu Pakistan" remark, the Metropolitan Magistrate of Kolkata issued an arrest warrant against the MP on Tuesday, a report from ANI said. The case was filed by Advocate Sumeet Chowdhary under Section 153A/295A of the Indian Penal Code and Section 2 of The Prevention...

Chattisgarh HC Issues Notice On Plea Challenging Constitutionality Of NIA Act [Read Petition]

The Chattisgarh High Court has sought the response of the Central Government to a writ petition challenging the constitutional validity of the National Investigation Agency Act, 2008 (the NIA Act). The NIA Act was enacted by the Parliament to empower the Central Government to take over investigations and prosecute for offences which affect the sovereignty, security and integrity...

Presence of Both The Parents At The Time of Admission Not Mandatory: Delhi HC

Delhi High Court rejects a plea challenging a Circular dated 20/05/2019 issued by the Central Board for Secondary Education (CBSE) purporting the presence of both parents at the time seeking admission in school.The petitioner had submitted that the Circular makes it mandatory for both parents to be physically present at the time of admission of the ward and the collection of the marksheet....

'Exercise Discretionary Powers Responsibly And Without Arbitrariness': Delhi HC Directs Registrar Of Companies

Delhi High Court has directed the Registrar of Companies to exercise the powers given to it efficiently, in accordance with law and devoid of any arbitrariness. The court was hearing a petition challenging the order of the RoC denying registration to a company which had a word 'Pandit' in its name.The RoC had rejected the application on the ground that the word 'Pandit' is already a...

Karnataka HC Directs UGC To Consider NLSIU's Request For Approval To Two Courses [Read Judgment]

The Karnataka High Court has directed the University Grants Commission (UGC) to consider a representation made by National Law School of India University, Bangalore (NLSIU) seeking approval to offer two courses, Post Graduate Diploma in Consumer Law and Practice (PGDCLP) and Post Graduate Diploma in Cyber Law and Cyber Forensics (PGDCLCF). Justice R Devdas directed UGC to in three months...

A Creditor Can't Be Given Preferential Treatment Towards Satisfaction Of A Compromise Decree, Pending Moratorium In IBC Proceedings: Delhi HC [Read Judgment]

Dismissing a contempt petition, the Delhi HC on Friday held that contempt proceedings could not be used to execute an order of payment, whose execution was otherwise prevented by law on account of ongoing insolvency proceedings. Background The Petitioner, a sole proprietor, had filed a suit for recovery of money against the Respondents, a construction company and its directors,...

High Courts Weekly Round Up

Bombay High Court Issued a notice to and served summons on former Union Finance Minister, P. Chidambaram, National Spot Exchange Ltd. (NSEL), Secretary of Department of Industrial Policy and Promote Internal Trade, Ramesh Abhishek and Secretary of Ministry of Skill Development and Entrepreneurship, K. P. Krishnan, (Defendants) in a suit claiming damages and compensation worth...

Plying Unregistered Vehicle With Another Registration Number Is Not Forgery Or Fraud Under IPC : Bombay HC [Read Judgment]

The act will however attract penalty under the Motor Vehicles Act.