News Updates
S. 97 CrPC | Second Application For Search Of Persons Wrongfully Confined Can Be Entertained If New Facts & Circumstances Arise: Orissa High Court
The Orissa High Court has clarified that a second application under Section 97 of the Code of Criminal Procedure is not barred by the principle of res judicata and can be entertained if some new facts and circumstances arise warranting intervention. Notably, the Section provides “search for persons wrongfully confined”.While allowing the revision petition filed against the dismissal of...
S.33(5) POCSO Act Does Not Mean Accused Will Not Be Given Any Opportunity To Cross- Examine Prosecutrix: Karnataka High Court
The Karnataka High Court has set aside an order passed by the Special Court which rejected the application made by an accused being tried under the provisions of the Protection of Children from Sexual Offences Act, (POCSO) to recall the prosecutrix (victim) from cross-examination.A single judge bench of Justice K Natarajan observed,“Of course, as per Section 33 of the POCSO Act,...
‘Newborn’ Baby Includes ‘Pre-Mature Baby’: Bombay High Court Directs Insurer To Pay For Expenses Related To Infant’s Care, Imposes ₹5 Lakh Cost
In a significant order the Bombay High Court has held that a ‘newborn’ baby would include a ‘pre-mature baby’ and the insurer would be liable to pay for all expenses related to the infant’s care.A division bench of Justices Gautam Patel and Neela Gokhale accordingly directed New India Assurance to pay Rs. 11 lakh along with interest for medical expenses incurred by a mother after...
Bhima Koregaon: Bombay High Court Sets Aside Special Court's "Cryptic" Order Refusing Bail To Gautam Navlakha, Directs To Decide Afresh
Observing that the trial court gave cryptic reasoning while refusing Bhima Koregaon accused Gautam Navlakha’s bail plea, the Bombay High Court on Thursday directed the Special NIA Court to hear and decide the case afresh.The division bench of Justice AS Gadkari and Justice PD Naik set aside the Special NIA Court’s order rejecting Navlakha’s bail plea. “The trial court has not...
What Action Has Been Taken Against Man Who Posted Offensive Tweets Against Mohd Zubair? High Court Asks Delhi Police In POCSO Case
The Delhi High Court on Thursday asked the Delhi Police what action has been taken against the man who posted offensive tweets against Alt News Co-founder Mohammed Zubair in August 2020 after which an FIR was registered under POCSO Act against the fact-checker.“My question is you found nothing against this man (Zubair) and did not put his name in chargesheet. What about this person who...
Kerala Court Refuses Bail To CM's Former Principal Secretary M. Sivasankar In LIFE Mission Case
A Kerala Court on Thursday refused to grant bail to the former Principal Secretary to the Chief Minister of Kerala, M. Sivasankar, who had been arrested by the Enforcement Directorate in relation to the LIFE Mission Case. A Special Court to try offences under the Prevention of Money Laundering Act (PMLA) dismissed Sivasankar's plea for bail. LIFE (Livelihood, Inclusion and Financial...
No Rule That Students Can't Be Sent Away For Education: Bombay High While Directing Navodaya Vidyalaya To Admit 5 Students to Class VII
Observing that a child may be sent away from hometown to pursue education, the Bombay High Court recently quashed the cancellation of admission of five 11-year-old students in Jawahar Navodaya Vidyalaya (JNV), District Ratnagiri. The students' families are from Kolhapur District but they sought admission in JNV, Ratnagiri.A division bench of Justice GS Patel and Justice Dr. Neela Kedar...
Section 50C Cannot Be Applied On Compulsory Acquisition Of A Capital Asset: Calcutta High Court
The Calcutta High Court has held that in cases of compulsory acquisition of a capital asset (land or building, or both), the provisions of Section 50C of the Income Tax Act cannot be applied as the question of payment of stamp duty for effecting the transfer does not arise.The division bench of Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya has observed that the property was...
Can’t Give Sanction To Attach DMRC’s Properties For Payment Of Unpaid Dues To Reliance Infra, Would Bring Delhi To Halt: Centre To High Court
The Union Government has told the Delhi High Court that it cannot give sanction for attachment of properties of Delhi Metro Rail Corporation (DMRC) for payment of unpaid dues under a 2017 arbitral award to Reliance Infrastructure-promoted Delhi Airport Metro Express Private Ltd (DAMEPL) as it would bring the national capital to a halt.The submission has been made in an affidavit filed by...
Alternative Remedy Is Not Absolute Bar To Examine Conditions To Issue Reassessment Notice: Madhya Pradesh High Court
The Madhya Pradesh High Court stayed the reassessment proceedings and admitted them for the final hearing.The division bench of Justice S.A. Dharmadhikari and Justice Prakash Chandra Gupta has relied on the decision of the Supreme Court in the case of Red Chilli International Sales Vs. Income Tax Officer & Anr., in which it was held that writ petitions have been entertained to examine...
Monthly Digest Of IBC Cases: February 2023
NCLAT Nature Of Financial Debt Doesn’t Change Upon Breach Of Consent Terms: NCLAT Delhi Case Title: Priyal Kantilal Patel v IREP Credit Capital Pvt. Ltd. & Anr. Case No.: Company Appeal (AT) (Insolvency) No. 1423 of 2022 The National Company Law Appellate Tribunal (“NCLAT”), Principal Bench, comprising of Justice Ashok Bhushan (Chairperson) and Mr. Barun...
Hathras Gang Rape & Murder Case: UP Court Acquits Three Accused, Holds One Guilty
A Court in Uttar Pradesh’s Hathras District today acquitted 3 of the 4 accused in the September 2020 Gang Rape and Murder case concerning a 19-year-old Dalit Girl. The court of Spl. J. (SC/ST, Pev.of Atroci Act) Hathras, Judge Trilok Pal Singh pronounced the verdict today. The main accused Sandeep has been convicted by the court for the offences of Culpable Homicide not amounting...