News Updates
Delhi High Court Grants Bail To Two Incarcerated For 7 Yrs Over Alleged Recovery Of 21 Kg 'Ganja'
The Delhi High Court has granted bail to two men who were incarcerated for about 7 years and 2 months for having been allegedly found in possession of 21 KGs of 'ganja'. Justice Asha Menon noted that the minimum sentence prescribed for the offence was 10 years rigorous imprisonment whereas, both the men were incarcerated since 26th May, 2015 i.e. for 7 years and 2 months. "A certain latitude...
11 Yrs Of Frivolous Litigation: Bombay High Court Reprimands Petitioner In Person, Imposes 1 Lakh Cost
The Bombay High Court recently reprimanded a Pune resident, seeking second review of the court's earlier decision, stating that the petition was without merit and constituted abuse of process and law. A penalty of Rs. 1 lakh was imposed on the petitioner. The petitioner had filed multiple similar cases in the Bombay High Court as well as Supreme Court with the same material arguments...
Senior Citizen May Claim Right Of Exclusive Residence Even If 'Right' Or 'Interest' Is Lower Than An Exclusive Ownership Right: Delhi High Court
The Delhi High Court has observed that under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a senior citizen may claim a right of exclusive residence even though he or she may only be able to establish a "right" or "interest" in such property, even if such right or interest be lower than an exclusive ownership right. "Ultimately, the authorities under the Act are obliged...
'Grave Danger To Physical & Mental Health': Madras High Court Allows Termination Of 13 Yrs Old Rape Victim's 28 Weeks Pregnancy
Coming to the aid of a 13 years old rape victim, the Madras High Court recently allowed termination of her 28 weeks + 3 days old pregnancy on a plea by the girl's father. Justice Abdul Quddhose observed that even though the pregnancy had crossed the legal period of 20 weeks, it had to be noted that she was a small statured girl and was not mentally or physically strong to withstand...
S.138 NI Act | Non-Executive Directors Not Liable For Company's Actions/ Omissions Unless Involved In Day-To-Day Affairs: Bombay High Court
The Bombay High Court has quashed criminal proceedings against independent non-executive directors of Tecpro Systems Ltd while stating that they were not responsible for day-to-day functioning of the company. The court was dealing with an application requesting quashing of criminal proceedings before the trial court in a cheque bounce case under the Negotiable...
Delhi Lost Over 1.5 Lakh Yrs Of Tree Life Due To Permitted Tree Felling, Govt Projects Must Keep Environmental Issues In Consideration: High Court
Observing that the national capital has lost 1,54,000 years of tree life because of the permitted tree-felling, the Delhi High Court has observed that the Government projects are necessarily required to keep environmental issues into consideration. "No amount of concrete- scaping can replace the loss of or damage to the green cover," Justice Najmi Waziri said. The Court, while hearing a...
Breach Of Contract | Dishonest Intention U/S 420 IPC Has To Be From Inception Of Transaction, Subsequent Conduct Not Sole Test: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Monday observed that a distinction has to be kept in mind between mere breach of contract and the offence of cheating and it depends upon the intention of the accused at the time of inducement while the subsequent conduct is not the sole test. The bench comprising Justice Sanjay Dhar was hearing a plea whereby the petitioner had...
Right Of Accused To Representation Integral Part Of Article 21, Trial Court Must Appoint Amicus In Absence Of Defence Counsel: Madras High Court
The Madras High Court recently set aside the order of conviction of one M/s. RK Emu Frams which was convicted under Sections 120B, 420, and 406 IPC and Section 5 of the Tamil Nadu Protection Of Interests of Depositors (TNPID) Act after observing that the order of conviction was passed without hearing the appellant/accused. The court noted that the right of the accused to be represented was...
Fresh Plea In Bombay High Court To Save Parts Of Union Minister Narayan Rane's Residence From Demolition
A fresh petition has been filed in the Bombay High Court to save parts of Union Minister Narayan Rane's eight-storey residence from demolition. The petition filed by Kaalkaa Real Estates Pvt Ltd, a closely held family concern of Rane, has sought directions to the BMC to consider a fresh permission proposal under section 342 of the Mumbai Municipal Corporation Act and in the interim, a...
Bombay High Court Weekly Round-Up: July 10 To July 16, 2022
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