Court Reprimands Delhi Police For Taking Contradictory Stand On Bail Plea In Rape Case, Says Officers’ Conduct Irresponsible

A Court has reprimanded the Delhi Police for taking contradictory stand while opposing an anticipatory bail plea of a man in a rape case.Observing that conduct of the 'deputed' Investigating Officer and SHO of Bhajan Pura police station appears to be irresponsible, Additional Sessions Judge Pawan Kumar Matto directed that a copy of the order be sent to Delhi Police Commissioner “to do...

Precedents Can’t Be Read As Euclid’s Theorem, Must Be Applied In Context: Orissa High Court

The Orissa High Court has reiterated that judgments cannot be construed mechanically in adjudication of cases and those must be applied having regard for the given facts of a case. While disapproving the manner in which counsel for the petitioner sought to place reliance on certain judgments, the Single Judge Bench of Justice V. Narasingh sternly observed, “In relying on the...

Wrong Terminology Employed By Statutory Authority While Granting Concession Not Ground To Revoke Such Concession: Karnataka High Court

The Karnataka High Court has made it clear that where a statutory authority employs wrong terminology while granting any concession to a party, the same cannot be a ground to revoke such concession where the party itself was not at fault. The development comes in a writ petition filed before the bench of Justice Krishna S Dixit challenging the communication issued by the...

Transgender Identity Cards: Calcutta High Court Asks District Magistrates To Process All Valid Applications Within Time Frame

The Calcutta High Court has asked the authorities in West Bengal to process the pending valid applications for issuance of identity cards to transgender persons and decide the same within a month, in accordance with the criteria stipulated under the Transgender Persons (Protection of Rights) Act, 2019.The court passed the order while directing Kolkata District Magistrate to issue transgender...

S.102(3) CrPC Requiring Police Officer To Forthwith Report Seizure Of Property To Magistrate Only Directory In Nature: JKL High Court

The Jammu and Kashmir and Ladakh High Court recently held that since the provisions of CrPC do not provide for consequences of non-adherence to Section 102(3) it can be inferred that the said provision is not mandatory in nature even though the word “shall” has been used in the provision.The provision stipulates that a police officer, after seizing any property, has to forthwith report...

'Misconceived': Allahabad HC Dismisses PIL For 'Default Bail' To Rape Accused If Chargesheet Not Filed Within 2 Months Of FIR

The Allahabad High Court on Monday dismissed a Public Interest Litigation (PIL) plea which prayed for a declaration that a rape accused may seek 'Default Bail', in case a chargesheet is not filed against him within two months of lodging of FIR. The Bench of Justice Manoj Misra and Justice Vikas Budhwar dismissed the plea for being ‘misconceived’ as it noted that such a prayer need...

Section 438(4) CrPC | No Bar Against Filing Pre-Arrest Bail Plea In FIR U/S 376(3) IPC When Alleged Incident Happened Prior To 2018 Amendment: Delhi HC

The Delhi High Court has observed that there is no bar to file anticipatory bail under section 438 (4) of CrPC in an FIR registered under section 376(3) of Indian Penal Code, 1860 when the alleged incident happened prior to introduction of the Criminal Law (Amendment) Act, 2018.Justice Jasmeet Singh made the observation while denying anticipatory bail to a father accused of raping her...

Delhi High Court Dismisses PIL Seeking Constitution Of 'Politically Neutral Body' For FCRA Implementation

The Delhi High Court on Tuesday dismissed a public interest litigation seeking constitution of an independent and "politically neutral body" for implementation of Foreign Contribution (Regulation) Act to avoid misuse of law by the executive.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad pronounced the decision. The plea was moved by the Association...

Breaking: Bombay High Court Refuses To Order Postponement Of JEE Mains 2023

The Bombay High Court on Tuesday refused to restrain National Testing Agency from conducting JEE Mains 2023 examination on the scheduled dates."Any orders passed to postpone may have a cascading effect...If a student does not fare well in JEE January, he can compete in April. Extraordinary circumstances don't seem to exist. It would not be appropriate to restrain the respondent from conducting...

Justice Rajasekhar Mantha Of Calcutta HC Initiates Contempt Proceedings Against Lawyers For Ruckus Outside Courtroom

Justice Rajasekhar Mantha of the Calcutta High Court on Tuesday initiated suo motu criminal contempt proceedings against lawyers who held protests outside his courtroom on Monday. On Monday, largescale chaos prevailed outside the courtroom of Justice Rajasekhar Mantha after a section of lawyers prevented him from continuing with proceedings. Several posters describing Justice Mantha as...

Twitter Revokes Suspension Of Senior Advocate Sanjay Hegde's Account

Twitter has restored the account of Senior Advocate Sanjay Hegde, which was suspended in October 2019. At the time of suspension, his handle @sanjayuvacha had slightly over 90,000 followers.Citing depiction of "hateful imagery", Twitter had blocked Hegde's account in October 2019, for posting the picture of August Landmesser wherein he refused to the Nazi salute at a rally, when everybody...

Gauhati High Court Reserves Verdict In NIA's Appeal Against Discharge Order In Sedition Case Against MLA Akhil Gogoi

The Gauhati High Court on Monday reserved its verdict in an appeal moved by the National Investigation Agency (NIA) challenging the Special Court's July 1, 2021 order to discharge Assam MLA Akhil Gogoi in a sedition case and clearing him of charges under the stringent UAPA.The bench of Justice Suman Shyam and Justice Malasri Nandi reserved the Judgement after the arguments from both sides...