Accused Can Be Booked U/S 326A IPC Even If No 'Grievous Hurt' Is Caused To Acid Attack Survivor: Allahabad High Court

The Allahabad High Court has clarified that the charge under Section 326A IPC can be framed against the accused even if no grievous hurt has been caused to the acid attack survivor and that grievous hurt to an acid attack survivor is not mandatory in each case.It may be noted that this provision deals with the offence and punishment for voluntarily causing grievous hurt by use of acid, etc....

Are All Offences Under NDPS Act Non-Bailable Irrespective Of Punishment Prescribed? Single Bench Of Bombay High Court Refers Question To Larger Bench

A single judge bench of the Bombay High Court has referred to a larger bench the question whether all offences under the NDPS Act, 1985 are non-bailable, irrespective of the punishment prescribed and irrespective of the fact that many offences do not even mandate imprisonment as a punishment.The reference has been made by Justice Bharti Dangre while dealing with the anticipatory bail...

Uphaar Fire Tragedy: Delhi Court Releases Ansal Brothers For Jail Term Already Undergone In Evidence Tampering Case

After upholding the conviction of real estate barons Sushil Ansal and Gopal Ansal in the evidence tampering case in connection with the Uphaar fire tragedy that happened in the year 1997, a Delhi Court on Tuesday released them as against the jail term already undergone by them.The development came after District Judge Dharmesh Sharma of the Patiala House Courts yesterday dismissed the...

Burkapal Naxal Attack 2017: 121 Tribals Booked Under UAPA Acquitted By Chhattisgarh NIA Court

A National Investigation Agency (NIA) court in Chhattisgarh's Dantewada district last week acquitted 121 tribal people arrested in connection with the 2017 Burkapal Naxalite attack in which 25 Central Reserve Police Force personnel were killed.The Special Judge for National Investigation Agency cases Deepak Kumar Deshlhre ordered the release of tribals 5 years after they were arrested. The...

Babri Demolition Case: Allahabad HC To Decide On Admissibility Of 'Criminal Appeal' Against Order Acquitting LK Advani, 31 Others

The Allahabad High Court is set to hear a plea filed against the order of the Special CBI Court at Lucknow that acquitted all 32 persons accused of hatching the criminal conspiracy behind the demolition of the Babri Masjid mosque on December 6, 1992.The plea, originally filed in 2021 as a criminal revision plea will now be treated as a criminal appeal and the bench of Justice Dinesh Kumar...

[Narayan Rane Residence] Show Second Application For Regularisation Is Maintainable: Bombay High Court To BMC, Rane

The Bombay High Court on Tuesday asked if a second application seeking regularisation of alleged unauthorised sections of Union BJP Minister Narayan Rane's residence in Mumbai is maintainable.A division bench led by Justice RD Dhanuka, was hearing a petition by filed by Kaalkaa Real Estates Pvt Ltd, a closely held family concern of Rane. The company sought directions to the BMC to consider...

IBC Cases Weekly Round Up: July 10 To 17 July, 2022

Supreme Court NCLT Has Discretion To Not Admit Financial Creditor's CIRP Application Even If Corporate Debtor Is In Default:Supreme Court Case Title: Vidarbha Industries Power Ltd. vs Axis Bank Limited Case No.: 2022 LiveLaw (SC) 587, CA 4633 OF 2021 The Supreme Court Bench comprising of Justices Indira Banerjee and JK Maheshwari has observed that it is not mandatory for...

Delay In Lodging FIR Can't Be Taken Into Consideration While Dealing With Pre Arrest Bail Plea If Probe At Threshold: P&H High Court

The Punjab and Haryana High Court has observed that the delay in lodging the FIR cannot be taken into consideration at the stage of consideration of anticipatory bail when the investigation is at threshold.Observing thus, the Bench of Justice Rajesh Bhardwaj denied anticipatory bail to one Maninderpal Singh who has been booked under Sections 354, 354- A, 354-D and 452 of IPC for...

Assam Rifles Rules | State Cannot Prematurely Retire Officers Without Following Due Procedure: Gauhati High Court

The Gauhati High Court has held that the State cannot prematurely retire members of the Assam Rifles Battalion citing 'low medical categorisation' without following the procedure laid down by the statute applicable to the organization.In the present case, the Petitioner had been retired by invoking Rule 48 (1) (b) of the Central Civil Service (Pension) Rules, 1972, whc provides for Retirement...

S.125 CrPC | Courts Should Not Raise Objections Regarding Residential Proof Of Child/ Wife, Must Accept Duly Sworn Affidavits: Karnataka High Court

Jurisdictional aspect may be an exception to Section 125 CrPC.

Date Of Retirement Cannot Be Changed At The Fag End Of Employee's Service That Too Without Notice: Telangana High Court

The Telangana High Court recently allowed the Writ Petition filed by an employee of the Telangana State Road Transport Corporation, challenging his 'premature' retirement and seeking reinstatement into service along with all consequential benefits.Justice P.Madhavi Devi observed that alteration of date of birth by employer in service records of the employee, when he is at verge of his...

S.420 IPC Not Attracted In Absence Of Specific Allegation That Dishonest/ Fraudulent Intention Existed Since Inception: Karnataka High Court

The Karnataka High Court has said that in order to constitute the offence of Cheating punishable under Section 420 of Indian Penal Code (IPC), there must be specific allegation that from inception, there must be a dishonest intention on the part of the accused to cheat the complainant. A single judge bench of Justice Hemant Chandangoudar made the observation while allowing a petition...