News Updates
Person Out On Regular Bail Can Be Granted Anticipatory Bail In Added Sections If He Isn't Misusing Liberty: Allahabad High Court
The Allahabad High Court has observed that a person who has already been granted regular bail under Section 439 of CrPC and if it found that he has not misused the liberty, then he may be granted anticipatory bail under Section 438 of CrPC in connection with added sections related to the same crime.With this, the bench of Justice Krishan Pahal granted anticipatory bail to one Shahzad...
Custodial Interrogation Is Not Imperative Merely Because Offence Is Murder : Bombay High Court Grants Anticipatory Bail To Accused
The custodial interrogation of an accused is not mandatory merely because he's been booked in a murder case, the Bombay High Court held while granting anticipatory bail to a man booked under Section 302 of the Indian Penal Code. A bench of Justice Bharati Dangre observed that the man's legitimate apprehension of arrested was enough to seek pre-arrest bail adding the offence...
Company Upon Conviction Can Be Sentenced To Punishment Of Fine Even Though Offence Carries Punishment of Imprisonment As Well: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently ruled that where a company is alleged to have committed a criminal offence and is liable to be prosecuted even without impleading its Directors/persons responsible for conduct of its day to day business, upon conviction, the said company can be sentenced to punishment of fine, even though the offence for which the company has...
Bail Can't Be Cancelled Without Giving Notice To Accused, Giving Him An Opportunity Of Being Heard: Allahabad High Court
The Allahabad High Court recently observed that the cancellation of bail cannot be done without giving notice to the accused and giving him an opportunity of being heard. With this, the bench of Justice Ajai Kumar Srivastava-I sets aside the order of the Sessions Judge, Raebareli cancelling the bail granted earlier to Rajendra Kumar and 2 others in connection with a...
Builders In Kolkata Cannot Seek Extension For Construction After Expiry of Sanction Plan, Fresh Approval Necessary: Calcutta High Court
Setting aside a single bench order which directed the Kolkata Municipal Commissioner to renew an expired sanction plan of a builder, the Calcutta High Court has held that builders cannot file for extension of sanctioned building plans after expiry of the period permitted for construction and must obtain a fresh sanction, as per the Kolkata Municipal Corporation Act, 1980.The division bench...
Writ Court Cannot Re-appreciate Evidence Already Examined By Industrial Tribunal: Calcutta High Court
The Calcutta High Court on Friday, while hearing an appeal filed by a workman under the Industrial Disputes Act, 1947 ('Act'), held that High Courts cannot interfere with awards passed by Tribunals by re-appreciating evidence already considered and examined by such Tribunals, unless the order passed by the Tribunal was wholly perverse and unless such order was a result of having acted on...
Madras High Court Seeks Centre's Response On Plea For Digitisation Of Medico-Legal Documents
The Madras High Court recently sought the response of the Central and the State government on a plea seeking computerisation of medical records having legal importance, including postmortem report, accident/ injury report, etc.The case came up before the bench of Acting Chief Justice T Raja and Justice D Krishnakumar.The petitioner, Dr Mohammed Khader Meeran, submitted that Medico...
Uttarakhand High Court Directs Police To Ensure Extradited Gangster's Safety Outside Jail
The Uttarakhand High Court recently directed the Uttarakhand Police to ensure protection of extradited gangster Prakash Chandra Pandey alias Bunty Pandey while taking him from Central Jail, Sitarganj to different courts on the dates of hearing."Keeping in view the facts of the case on reasonable apprehension of petitioner that his life may be at risk, the writ petition is allowed. A writ...
Requirements Of S.21 Arbitration Act Must Be Complied With Before Invoking Court's Jurisdiction U/S 11: Calcutta High Court
The Calcutta High Court on Friday, while hearing an application under Section 11 of the Arbitration and Conciliation Act, 1996 ('Arbitration Act') to appoint the sole arbitrator for resolving the dispute between the petitioners and the respondents, held that since the requirement of Section 21 of the Arbitration Act in giving due notice to the respondent invoking the arbitration...
GHCAA President Asim Pandya Resigns Following A Divided Opinion Among Advocates Over Use Of Gujarati As An Additional Language In HC
The President of the Gujarat High Court Advocates' Association (GHCAA), Asim Pandya, tendered his resignation on Monday following a divided opinion among the advocates over the use of Gujarati as an additional language in the Gujarat High Court.In his resignation letter addressed to the Managing Committee of the Gujarat High Court Advocates' Association, Senior Advocate Pandya said that he...