Grounds Of Bail Important Factor To Decide Whether Preventive Detention Of Accused Necessary: Bombay High Court

The Bombay High Court recently reiterated that the grounds on which bail was granted to an accused have to be considered by the detaining authority while deciding whether the accused needs to be preventively detained or not.“Grant of bail is an important factor which goes into making up of the requisite satisfaction of the Authority. When considered appropriately, the grounds of bail do...

[POCSO Act] Description Of Incident Assumes Significance As Child Might Not Know What Is Sexual Assault: Madras High Court

While refusing to set aside the conviction of a man who was charged under the Prevention of Children from Sexual Offences (POCSO) Act, the Madras High Court held that in POCSO cases, the description of the incident by the child assumes a lot of significance to come to a conclusion as to whether there was penetrative sexual assault in a given case. The bench of Justice PN Prakash and...

Orissa High Court Records 133.60% Case Clearance Rate In 2022; Statistics Went Up To 177% For District Judiciary

The Orissa High Court has recorded 133.60% of Case Clearance Rate (CCR) in the year 2022. As per the press statement released by the High Court, the pending cases at the end of the year stood 34,352 cases less than what it was at the beginning of the year. It further noted: “In the current year i.e. from 1st January, 2022 to 23rd December, 2022 (till Winter Holidays) 1,02,247 cases...

Can't Test Veracity Of Material When Cognizable Offence Disclosed: Kerala High Court Dismisses Cop's Plea For Quashing Of Corruption Case

The Kerala High Court recently observed that a finding on the veracity of the material in a case where the allegations levelled by the prosecution disclose a cognizable offence, is not a consideration for the High Court while exercising its power under Section 482 CrPC to quash a criminal proceeding. Justice K. Babu observed that:It is trite that the power of quashing criminal proceedings...

Delhi Court Issues Summons To Supertech, MD In Case Alleging Fraudulent Booking Of Flat

A Court of Metropolitan Magistrate, Patiala House Court, has issued summons to Supertech Ltd. and its Managing Director Ram Kishore Arora in a case relating to the alleged fraudulent booking of a flat in one of the projects of the real estate company.Metropolitan Magistrate Yashdeep Chahal said the record reveals that Supertech did not act fairly to the requests of the complainant and instead...

Krishna Janmabhumi Dispute: Plea In Mathura Court Seeks Presence Of ASI Officials During Court-Ordered Inspection Of Eidgah

A fresh plea has been moved before a court in Mathura seeking the presence of officials of the Archaeological Survey of India (ASI) during the time when Court Amin inspects/surveys the Eidgah mosque premises, pursuant to Court's December 22 order, in connection with the Sri Krishna Janmasthan-Shahi Idgah dispute case.The plea has been moved by the National Treasurer of the Akhil Bharat...

“Be Careful In Future”: Allahabad High Court Takes Exception To Trial Court’s Judgment Mentioning Alleged Rape Victim’s Name

The Allahabad High Court recently took exception to a judgment delivered by Sessions Court, Kanpur Dehat in which the rape victim’s name was mentioned and said that the Judge should be careful while dealing with such matters in the future. The bench of Justice Samit Gopal said it is well established that in cases like the present one, the name of the victim is not to be mentioned in...

No Sanction Needed To Proceed Against Mamata Banerjee In National Anthem Case: Maharashtra Govt to Mumbai Court

West Bengal Chief Minister Mamta Banerjee had visited Mumbai for political reasons and not for discharging her official duty therefore no sanction was required to prosecute her for allegedly insulting the Indian National Anthem, the Maharashtra state prosecutor argued before the Mumbai Sessions Court on Tuesday. However, Banerjee’s counsel strenuously argued that discussion of...

‘Accusation Not Cogent And True’: Delhi Court Grants Bail To Kashmiri Photojournalist Manan Dar In UAPA Case

A Delhi Court has granted bail to a 25-year-old Kashmir based photojournalist Mohd Manan Dar in a case registered under the Unlawful Activities (Prevention) Act, observing that the accusation made by National Investigation Agency (NIA) against him does not appear to be cogent and true.Additional Sessions Judge Shailender Malik observed that the allegation of “assisting a proscribed...

Allahabad HC Orders NMC Inquiry Against 2 Doctors For Preparing 'False' Medical Report To Cause Wrongful Harm To Accused

The Allahabad High Court recently directed the National Medical Commission (erstwhile Medical Council of India) to conduct an inquiry into the conduct of two doctors after prima facie finding that they prepared a false medical report in collusion with the injured person, so as to cause wrongful harm to the accused persons. The bench of Justice Subhash Vidyarthi ordered an inquiry into...

Important Judgments Of Madras High Court 2022

LiveLaw reported 525 judgements from Madras High Court in 2022. Here are some of the important decisions:'Right To Relax Can't Be Curbed Fearing Breach Of Morality': Madras HC Disagrees With Another Bench's Direction To Install CCTVs In SpasCase Title: Payel Biswas v. The Commissioner of Police, Trichy City & Ors.Citation: 2022 LiveLaw (Mad) 3While considering a writ petition filed...

Sri Krishna Janmabhoomi Dispute: Mathura Mosque Committee Files Objection Against Court's Amin 'Survey' Order

The Shahi Idgah Mosque Committee on Monday filed an application before the Mathura Court objecting to the Court's last month's order for a 'survey' of the mosque premises in connection with the Sri Krishna Janmasthan-Shahi Idgah dispute case. In its order, Civil Judge III Sonika Verma had directed the Civil Court Amin (also known as court officers) to visit and survey the disputed site and...