Search Results for Tag : ICT
Statute
Delhi High Court (Amendment) Act, 2015(11.08.2015)
The Delhi High Court (Amendment) Act, 2015 became Act No. 23 of 2015. It amends the Delhi High Court Act, 1966, raising the value of suits in which th.....
Tags : delhi high court, district court, suit value
Negotiable Instruments (Amendment) Second Ordinance, 2015(22.09.2015)
The government introduced the Negotiable Instruments (Amendment) Second Ordinance, 2015. The Ordinance clarifies that jurisdiction for cheque bounce c.....
Tags : Cheque, ordinance, negotiable instruments, jurisdiction
Blast from the Past
Party partaking in arbitration waives right to object validity(21.02.2002)
By participating in arbitration proceedings without protest, or objection before a court at the initial stage, a party is deemed to have waived its ri.....
Tags : arbitration, jurisdiction, acquiescence, participation, without protest
Events
Conflict of interest: CCI members attend Assocham conference(07.08.2015)
Members of the Competition Commission of India participated in a conference organised by parties that have cases pending before the Commission. Held, .....
Tags : competition, conflict of interest
Top Story
An urge towards protecting vulnerable witnesses(16.12.2015)
The Madras High Court confirmed a conviction and sentence of the accused by a trial court for the rape of a minor. It rejected contentions that the vi.....
Tags : Rape, minor, competent victim, vulnerable
RBI Revised Prompt Corrective Action (PCA) Framework(13.04.2017)
RBI has issued Revised Prompt Corrective Action (PCA) framework for banks which will override existing PCA framework. New set of provisions will be ef.....
Tags : Framework, Issuance, Restrictions
India’s first language dictionary launched(23.03.2018)
Union Minister for Social Justice and Empowerment launched First Indian Sign Language Dictionary. At present, it consist of 3000 words, new words woul.....
Tags : Sign Language, Dictionary, Launch
India’s first language dictionary launched(23.03.2018)
Union Minister for Social Justice and Empowerment launched First Indian Sign Language Dictionary. At present, it consist of 3000 words, new words woul.....
Tags : Sign Language, Dictionary, Launch
New Appointments Not To Be Made From In-Service Candidates Against Bar Quota Rules Supreme Court(10.05.2019)
Supreme Court has ordered that, no new appointments to the post of District Judges shall be made from in-service candidates against quota reserved for.....
Tags : Appointment, District Judges, Interim relief
Hitting the right wavelength(14.05.2015)
In a case determining if mobile service providers were owed a right of extension of licence by the Government, the Supreme Court held in the negative......
Tags : telecom, auction, licence, conflicting aims
RBI imposes restriction on Mastercard from on-boarding new domestic customers(14.07.2021)
The Reserve Bank of India (RBI) has imposed restrictions on Mastercard Asia / Pacific Pte. Limited (Mastercard) from on-boarding new domestic customer.....
Tags : Supervisory action, Restrictions, Mastercard
Notifications & Circulars
Restriction on redemption of Mutual Funds(31.05.2016)
In efforts to quell disparity in imposition of restrictions on redemption of mutual funds, the Securities and Exchange Board of India clarified that r.....
Tags : mutual fund, redemption, restriction, sebi
Consultation Paper on Cloud Computing(10.06.2016)
The Telecom Regulatory Authority of India introduced a paper (09.04.2018)
The Telecom Regulatory Authority of India (TRAI) convened an Open House Discussion on Consultation Paper on "Making ICT Accessible for Persons with Di.....
Tags : Discussion, ICT, Accessibility
Competition Commission of India imposes Penalty on Chemists and Druggists Association of Baroda(16.01.2019)
The Competition Commission of India ('Commission') has found the Chemists and Druggists Association of Baroda ('CDAB') to be in contravention of the p.....
Tags : Restrictive trade practices, Penalty, Imposition
Streamlining export data to include District level details in Shipping Bills(05.02.2020)
1. Reference is invited to Notification No. 33/2019-Cus (NT) dated 25.04.2019 vide which the Shipping Bill (Electronic Integrated Declaration and Pape.....
Tags : Export data, Inclusion, District level details
Rs. 200 crore set aside for Central Victim Compensation Fund(14.10.2015)
Ministry of Home Affairs introduced the Central Victim Compensation Fund to provide support to victims of various attacks, including acid attacks, rap.....
Tags : Victim, fund, central, state
Restrictions on Public Procurement from certain countries(23.07.2020)
The Government of India today amended the General Financial Rules 2017 to enable imposition of restrictions on bidders from countries which share a la.....
Tags : Restrictions, Public Procurement, Countries
Modi Government Decides to give FRRO, Delhi Jurisdiction over Matters Relating to Services in Respect of OCI Card Holders residing in Gautam Buddh Nagar and Ghaziabad(11.11.2020)
During the last few years, the Government under the leadership of the Prime Minister Shri Narendra Modi has taken a number of measures to facilitate t.....
Tags : FRRO, Delhi Jurisdiction, Services
International Cases
Victim’s entitlement to compensation measured by reference to the law of state of accident, routes to recovery provided by Directives he or she invokes(03.08.2016)
In present case, Respondent, a United Kingdom resident, was on holiday in Greece. Walking along the verge of a road, she was struck from behind by a v.....
Tags : Compensation, Liability, Jurisdiction
Lockdown 4.0 - States/UTs cannot dilute restrictions imposed in MHA guidelines; can only make them stricter based on local level assessment and Health Ministry Guidelines: MHA(18.05.2020)
Union Ministry of Home Affairs (MHA), on 17.05.2020, issued the revised guidelines regarding lockdown restrictions, to contain COVID-19. As the lockdo.....
Tags : Assessment, Restrictions, MHA guidelines
Periodic updation of KYC - Restrictions on account operations for non-compliance(05.05.2021)
This is with reference to Section 38 of the Master Direction on KYC dated February 25, 2016, in terms of which Regulated Entities (REs) have to carry .....
Tags : Periodic updation, KYC, Restrictions
Where, there is challenge on totality grounds, severity of sentence imposed on individual count to be assessed in light of its contribution to total effective sentence(08.12.2016)
Appellant appeals against his conviction on the grounds that a miscarriage of justice occurred due to the appellant wrongly pleading guilty. Appellant.....
Tags : Conviction, Sentence, Totality principle
Tribunal has no jurisdiction to interpret agreement, it can only amend statutory statement to ensure that, it corresponds with agreement(04.06.2017)
Claimant in present claim complained that, he had suffered an unlawful deduction from wages arising out of Respondent discontinuing its practice, afte.....
Tags : Wages, Deduction, Jurisdiction
Bail can only be granted where exceptional circumstances are demonstrated and it is otherwise appropriate to do so(09.01.2018)
In instant case, Mr Valerio's application filed for bail pending his appeal against conviction. Alternatively, the Appellant seeks an urgent appeal or.....
Tags : Bail, Grant, Jurisdiction
Air Quality Commission directs strict enforcement of dust control measures to curb air pollution(23.12.2020)
The Commission of Air Quality Management in Delhi-NCR and adjoining areas reviewed the deteriorating air quality situation and has directed strict enf.....
Tags : Strict enforcement, Dust control, Direction
Enlistment under Appendix 2E to issue Certificate of Origin (Non - Preferential) for All India Jurisdiction(18.10.2021)
1. In exercise of powers conferred under paragraph 2.04 of the Foreign Trade Policy, 2015-20, the Directorate General of Foreign Trade authorizes agen.....
Tags : Enlistment, Certificate, Jurisdiction
Mere fact of pending internal appeal, by itself, not sufficient to justify finding of fact that it was not "reasonably practicable" to present complaint to tribunal(16.11.2016)
In instant case, claims lodged with tribunal were a claim of unfair dismissal, unlawful deduction of wages, breach of contract and sex discrimination......
Tags : Dismissal, Limitation, Jurisdiction
Where offences occur on separate occasions and involve separate transactions, cumulative sentences will generally be called for unless the totality principle requires another approach(12.12.2017)
In instant case, the Appellant was sentenced in the Fremantle Magistrates Court to a total effective sentence of 4 years' imprisonment in respect of 4.....
Tags : Conviction, Sentence, Validity
INTELLECTUAL PROPERTY LAW(22.05.2018)
In the instant case the Apple group of companies is involved in the design, manufacture and marketing of various mobile communication and media device.....
Tags : Jurisdiction, Exhaustion, Patent
Mere fact that a sentence is outside the range does not necessarily establish that exercise of sentencing discretion in particular case miscarried(09.08.2018)
Present is an appeal against sentence. The Appellant was convicted, on his plea of guilty, on a single count in an indictment which alleged that, on 1.....
Tags : Conviction, Sentence, Quantum
Processing of e-forms and company registration handed to CRC(23.03.2016)
The Ministry of Corporate Affairs notified that the Central Registration Centre will have functional jurisdiction of processing and disposal of e-form.....
Tags : Central registration centre, registration e-forms, jurisdiction
New AICTE rules for admission in and approval of institutions(08.03.2018)
In order to grant approval to new Technical Institutions and extension of approval to existing Technical Institutions, detailed Approval Process for t.....
Tags : AICTE rules, Admission, Approval, Institutions
Financial Action Task Force High risk and other monitored jurisdictions(16.11.2021)
The Financial Action Task Force (FATF), vide public document 'High-Risk Jurisdictions subject to a Call for Action' dated October 21, 2021, has called.....
Tags : Financial Action, Task Force, Jurisdictions
Imposition of a sentence other than life imprisonment for the offence of murder will be an exceptional course(01.09.2017)
The Appellant was convicted after trial of murdering the deceased, who was her former partner, on 13 June 2015. She was sentenced to life imprisonment.....
Tags : Conviction, Sentence, Legality
Once Court recognized its jurisdiction over a public interest matter, applicant is not entitled to halt proceedings by unilateral withdrawal(14.09.2018)
Issue involved in present case was relating to maintainability of proceedings initiated vide Show Cause Notice No. 70/2012 dated 14th June 2012 (SCN').....
Tags : Jurisdiction, Complaint, Withdrawal
Strict implementation of the import policy i.r.t. transmission apparatus incorporating reception apparatus (ITC HS Code-8525 60 00), by the Customs Authorities(11.08.2021)
1. Reference is invited to F. No. P-11014/04/2013-PP(Vol-1) dated 12th July, 2021 issued by DWA (Regulation), Wireless Coordination and Planning Wing,.....
Tags : Strict implementation, Import policy
Restrictions on import of products made of plastic(22.06.2022)
1. Kind attention is invited to letter No. B-17011/7/UPC-II-PWM (MLP)/2021/12900 dated 01.02.2022 received from Ministry of Environment, Forest & Clim.....
Tags : Restrictions, Import, Plastic products
Sentencing is a discretionary exercise, an Appellate Court can intervene only if Appellant demonstrates either an express or implied material error(19.09.2018)
The Appellant appeals against his sentence of 4 years' immediate imprisonment imposed on his conviction, on his pleas of guilty, to one count of posse.....
Tags : Conviction, Sentence, Validity
Inferences could be drawn at trial only where Section was invoked(17.09.2018)
Matter Arising out of an incident which occurred on the 3rd June, 2009, Mr. Wilson, the Appellant, was arrested on suspicion of the unlawful possessio.....
Tags : Offence, Trial, Conviction, Validity
Medical Devices under the Jurisdiction of CDSCO(19.11.2019)
The Central Drugs Standard Control Organisation (CDSCO) under the Ministry of Health and Family Welfare regulates the safety, efficacy and quality of .....
Tags : Medical Devices, Jurisdiction, CDSCO
Restriction on Storage of Actual Card Data [i.e. Card-on-File](28.07.2022)
1. Reference is invited to Reserve Bank of India (RBI) circulars DPSS.CO.PD.No.1810/02.14.008/2019-20 dated March 17, 2020 and CO.DPSS.POLC.No.S33/02-.....
Tags : Restriction, Storage, Actual Card Data
Merger approval is a "once off' affair(02.10.2017)
Effects of an acquisition of control are considered, when approval of merger is sought and obtained and cannot be revisited once it has been determine.....
Tags : Merger, Declaratory relief, Grant, Jurisdiction
An appeal to present Court is not an opportunity to revisit question of appropriate sentence(07.12.2018)
The Appellant pleaded guilty to three offences. He was sentenced to 7 years' imprisonment on count 1, attempting to possess methylamphetamine with int.....
Tags : Conviction, Sentence, Validity
Graded relaxation in visa and travel restrictions(22.10.2020)
In view of the situation arising out of the COVID-19 pandemic, the Government of India had taken a series of steps to curtail the inward and outward m.....
Tags : Graded relaxation, Visa, Travel restrictions
Reserve Bank of India lifts the business restrictions imposed on American Express Banking Corp.(24.08.2022)
In view of the satisfactory compliance demonstrated by American Express Banking Corp. with the Reserve Bank of India (RBI) circular dated April 6, 201.....
Tags : Business restrictions, Lifting of, American Express
Guidelines on Insurance claims of victims of Subsidence and Landslides in the calamity affected areas in the State of Uttarakhand(19.01.2023)
1. Subsidence and Landslide have caused loss to property in some areas in the State of Uttarakhand. There is an urgent need for the general insurers t.....
Tags : Guidelines, Insurance claims, Victims
Location of conduct of business of company quintessential to jurisdiction(11.11.2015)
Hearing a petition against the prejudicial conduct of business by a stakeholder in the company, the Hong Kong High Court gave rather a long stretch to.....
Tags : Jurisdiction, location, conduct of business, incorporation
A reasonable suspicion that a thing has been stolen or unlawfully obtained will necessarily fall short of certainty(06.11.2018)
In facts of present case, the Appellant was convicted after trial in the Magistrates Court of a charge of being in possession of a thing capable of be.....
Tags : Suspicion, Conviction, Legality
Reserve Bank of India to Launch the Pilot Project for Public Tech Platform for Frictionless Credit(14.08.2023)
1. As part of the Statement on Developmental and Regulatory Policies released on August 10, 2023, Reserve Bank of India (RBI) has announced the develo.....
Tags : Pilot Project, Frictionless Credit, Public Tech Platform
Leave to appeal is required for each ground of appeal(24.12.2018)
The Appellant applies for leave to appeal against his conviction in the Children's Court of Western Australia of one count of burglary and one count o.....
Tags : Conviction, Evidence, Credibility
Discretion to suspend a term of imprisonment is not confined by considerations relating to rehabilitation and mercy(10.04.2019)
The Appellant was convicted after trial on charge of unlawfully assaulting a member of the crew of an aircraft so as to interfere with the performance.....
Tags : Conviction, Sentence, Legality
Central Board of Indirect Taxes and Customs starts capturing district-wise data or origin of export goods(17.02.2020)
Keeping with the Hon'ble PM's objective of turning districts into export hubs, Central Board of Indirect Taxes and Customs has now started capturing d.....
Tags : District-wise, data, Export goods
Financial Action Task Force (FATF) – Calls for action for High risk and other monitored jurisdictions(29.02.2024)
The Financial Action Task Force (FATF) vide public document 'High-Risk Jurisdictions subject to a Call for Action' - February 2024, has called on its .....
Tags : FATF,High-Risk, Jurisdictions
Spent conviction orders are not made, when public interest is involved(17.04.2019)
The Appellant seeks leave to appeal against penalties imposed upon him following his conviction of road traffic offences. The penalties were imposed b.....
Tags : Public interest, Conviction, Validity
Overlapping/Conflict between Central and State Labour Laws(07.12.2016)
The 'Labour' is a subject included in the Concurrent List in the Seventh Schedule of the Constitution of India. The concept of "Appropriate Government.....
Tags : Conflict, Labour Laws, Centre-state
Beti Bachao Beti Padhao Scheme being extended to 61 more districts(01.02.2016)
The Ministry of Women & Child Development has extended its Beti Bachao Beti Padhao initiatives to an 61 additional districts, from the 100 it had enco.....
Tags : Beti bachao, extended, districts, initiatives
Air Quality Commission calls for strict implementation of RFID system at 13 toll plazas of Delhi(29.12.2020)
Commercial vehicles without RFID tags or inadequate balance in the tags will not be allowed entry from 01st January.
Move to help reduce veh.....
Tags : Strict implementation, RFID system, Vehicular pollution
An appellate court will not set aside a conviction based on a plea of guilty unless Appellant satisfies the Court that a miscarriage of justice has occurred(14.06.2019)
The Appellant appeared in the Magistrates Court in relation to various charges including one charge of assaulting a public officer. He entered pleas o.....
Tags : Conviction, Sentence, Legality
Restriction on storage of actual card data(23.12.2021)
1. In terms of our circular DPSS.CO.PD.No.1810/02.14.008/2019-20 dated March 17, 2020 on "Guidelines on Regulation of Payment Aggregators and Payment .....
Tags : Restriction, Storage, Card data
Companies (Listing of Equity Shares in Permissible Jurisdictions) Rules, 2024(24.01.2024)
In exercise of the powers conferred by sub-section (3) of section 23 read with section 469 of the Companies Act, 2013 (18 of 2013), the Central Govern.....
Tags : Equity shares, Permissible jurisdictions, Rules
Central Government notifies Public Tech Platform for Frictionless Credit(22.02.2024)
In exercise of the powers conferred by section 158A of the Central Goods and Services Tax Act, 2017 (12 of 2017) and section 20 of the Integrated Good.....
Tags : Public Tech, Platform, Frictionless Credit
A mere link between a claim which engages Article 24(2) of Recast Regulation and one which does not is not sufficient to bring latter within scope of that provision(29.07.2019)
Present appeal is concerned with the interpretation of Article 24(2) of the Brussels I Recast Regulation (Parliament and Council Regulation (EU) of 12.....
Tags : Jurisdiction, Regulation, Applicability
Liability in tort, delict or quasi-delict can only arise, if a causal connection can be established between damage and event in which that damage originates(21.03.2018)
In facts of present case, between May 2005 and February 2009, Mr. Mukhtar Ablyazov was the chairman and controlling shareholder of the claimant, a ban.....
Tags : Conspiratorial agreement, Damages, Jurisdiction
Every case must be approached on its own facts and it is only after a diligent examination of all the facts that, it can be decided whether an accused had a fair trial or not(12.03.2020)
Present is an appeal, with the special leave of present court, against a judgment of the High Court, which confirmed a sentence of life imprisonment i.....
Tags : Conviction, Fair trial, Legality
Armed Forces Tribunal Jabalpur gets extended jurisdiction(03.05.2016)
The Central Government notified extended jurisdiction for the Armed Forces Tribunal at Jabalpur effect 9 May 2016. Within its territorial jurisdiction.....
Tags : Armed forces, tribunal, jurisdiction
ECI Advisory to media - Refrain from telecasting/publishing programmes with respect to prediction of results in any form during the prohibited period(08.04.2019)
The Election Commission of India has issued an advisory to all the media (electronic and print) to refrain from telecasting/publishing programmes whic.....
Tags : Prediction, Results, Media, Prohibition
Authorization of the Assessing Officer for a specified jurisdiction to exercise all or any of the powers conferred on for the purpose of Chapter VIII of Finance Act, 2016(20.03.2020)
In exercise of the powers conferred by clause(b) of section 164 and section 178 of the Finance Act, 2016 (28 of 2016) read with sub-sections(1) and (2.....
Tags : Authorization, Assessing Officer, Jurisdiction
Imposition of port restrictions on supply of Prohibited/Restricted essential commodities to the Republic of Maldives during 2024-2025(15.04.2024)
In exercise of the powers conferred by Section 3 read with Section 5 of the Foreign Trade (Development & Regulation) Act, 1992 (No.22 of 1992), as ame.....
Tags : Imposition, Port restrictions, Prohibited essential commodities
Sponsor contribution to an AIF set up in overseas jurisdiction, including IFSCs(12.05.2021)
1. Attention of AD Category - I banks is invited to paragraph A.3.(e) and B.6 of Master Direction No.15 dated January 1, 2016, on "Direct Investment b.....
Tags : Sponsor contribution, AIF, Overseas jurisdiction
An appeal Court cannot intervene simply on basis that, it might have exercised discretion differently(16.05.2017)
In facts of present case, on 1st September 2016, Appellant was convicted after a trial in Magistrates Court of five offences of stealing as a servant .....
Tags : Spent conviction, Denial, Validity
A conviction based on a plea of guilty may be set aside on basis that, an Appellant satisfies the Court that, he had an arguable defence with a reasonable prospect of success(29.06.2018)
In the instant case, Mr Granato was charged with importing a firearm accessory into Australia in contravention of Commonwealth law. He appeared before.....
Tags : Conviction, Validity, Arguable defence
Court will not interfere with sentence imposed unless it is satisfied that, the sentence has been vitiated by a material misdirection or is disturbingly inappropriate(01.04.2019)
Present appeal arises from a tragic incident which occurred on 10 July 2009 at the offices of the detective branch at Esikhawini, when Bongani Cebekhu.....
Tags : Conviction, Sentence, Legality
In a sentencing discretion Court should only intervene, if a material error of fact or law has been made or result is manifestly unreasonable or unjust(14.04.2020)
In present matter, the Appellant was convicted of six breaches of a family violence restraining order (FVRO) contrary to Section 61(1) of the Restrain.....
Tags : Conviction, Sentence, Quantum
When reviewable error is established, discretion to grant relief under Section 36(4) of the Magistrates Court Act, 2004 is enlivened(02.06.2020)
In present matter, on 4 September 2015, the second Respondent applied for and was granted a restraining order against the Applicant. The application w.....
Tags : Summons, Service of, Jurisdictional error
Sentencing is a discretionary exercise. An Appellate Court can intervene, only if, Appellant demonstrates either an express or implied error(27.06.2018)
The Appellant seeks an extension of time within which to appeal and leave to appeal a total sentence of 22 months immediate imprisonment imposed by a .....
Tags : Conviction, Sentence, Validity
Any order for further and better discovery is discretionary and the discretion must be exercised having regard to the objectives of case management(25.06.2020)
Present is the Plaintiff's application for discovery orders. The Plaintiff is seeking orders requiring the second Defendant to discover all applicatio.....
Tags : Discovery orders, Entitlement, Jurisdiction
Regulations made under a statute cannot be used to interpret the governing statute(23.05.2020)
The Appellants appeal against an urgent interim interdict issued by the High Court, Pretoria, which prevents the South African Police Service (the SAP.....
Tags : Interim interdict, Implementation, Provision
Leave to appeal can only be granted by present Court, if failure to make a conviction order amounts to a miscarriage of justice(07.08.2020)
The Appellant seeks leave to appeal against sentence. On 8 November 2019, following a plea of guilty, the Appellant was convicted for attempting to co.....
Tags : Conviction, Fine, Legality
Labour Court has concurrent jurisdiction with civil courts to hear and determine any matter concerning a contract of employment(18.09.2019)
The narrow issue in present appeal is whether the Gauteng Division of the High Court, Johannesburg, had the jurisdiction to determine the Appellant’s .....
Tags : Salary, Labour Court, Jurisdiction
Negligence by the business operator does not have to be proved(16.10.2020)
In facts of present case, Highbury Poultry Farm Produce Ltd. (“HPFPL”) operates a poultry slaughterhouse. The birds have their legs shackled to a movi.....
Tags : Strict liability, Negligence, Mensrea
Section 8 of the Criminal Code is applicable only when two or more persons forms common intention to prosecute a criminal offence(24.12.2020)
On 14 February 2020, the Appellant was convicted after trial of one count of animal cruelty contrary to Section 19(1) of the Animal Welfare Act, 2002 .....
Tags : Animal cruelty, Conviction, Legality
A person who unlawfully omits or refuses to do any act which it is the person's duty to do under Section 444A of the Criminal Code is guilty of a crime and is liable to imprisonment(28.01.2021)
Present is an appeal against sentence. The Appellant was convicted after trial on basis of being a person who had charge of an ignition source and unl.....
Tags : Conviction, Sentence, Legality
Amendment in paragraph 3.06 and 3.08 of Handbook of Procedures of Foreign Trade Policy (FTP) 2015-20(26.08.2015)
The Director General of Foreign Trade made amendments in paragraphs 3.06 and 3.08 - Jurisdictional RA / RA Concerned and Port of Registration of Scrip.....
Tags : Amendment, foreign trade, jurisdiction, scrips
Govt. relaxes operation of Sec. 10(1) r/w Sec. 14A(1) of Tobacco Board Act, 1975 in State of Andhra Pradesh for auctions during crop season 2022-2023(04.07.2023)
WHEREAS, the Central Government is satisfied that circumstances have arisen rendering it necessary in the public interest, to relax the restrictions i.....
Tags : Restriction, Provisions, Relaxation
Council’s disciplinary functions are not limited to instances relating to criminal conviction; it is the Council’s duty to act against conduct that is improper, unethical(15.01.2021)
In present matter, on 25 November 2014, the Respondent, Dr. David Grieve, appeared before the professional conduct committee (the committee) of the fi.....
Tags : Council, Jurisdiction, Disciplinary proceedings
High Court would have jurisdiction over matters specified in Section 62(2) of Competition Act, 1998, unless such jurisdiction was specifically and expressly ousted(08.04.2021)
Present is an appeal against a decision of the High Court, in terms of which it dismissed an application under Rule 30 of the Uniform Rules , brought .....
Tags : Provision, Applicability, Jurisdiction
Discretion to make a spent conviction order should be regarded as of an exceptional character(07.05.2021)
The Appellant was convicted on 27 October 2020 of breach of bail in Kalgoorlie Magistrates Court. She was fined $100 and ordered to pay costs. The App.....
Tags : Spent conviction, Entitlement, Hardship
Where an issue in general interest is at stake, it is incumbent on public authorities to act in good time, in an appropriate manner and with utmost consistency(13.09.2016)
Instant case originated in an application against Russian Federation lodged with Court under Article 34 of Convention for Protection of Human Rights a.....
Tags : Eviction, Rights, Violation
A confession by an accused shall not be admissible as evidence against his or her co-accused(09.07.2021)
The issue before the Supreme Court was whether the evidence of a single witness was reliable and acceptable considering that the witness was declared .....
Tags : Conviction, Evidence, Credibility
Court is empowered to remove a BRP from office on the grounds of ‘conflict of interest or lack of independence’(21.05.2021)
In facts of present case, Oakbay Investments applied to the High Court for the removal of Messrs Knoop and Klopper as business rescue practitioners (B.....
Tags : BRPs, Conflict, Removal
Accused could only have been properly convicted, if the evidence of the single witness was clear and satisfactory in all material respects(01.09.2021)
In facts of present case, on 28 November 2018, the appellant, Mr. Lungisa Grifhs, was convicted together with two of his erstwhile co-accused in the R.....
Tags : Conviction, Evidence, Credibility
Where an eviction is going to render persons homeless, a constitutional obligation rests on relevant municipality to provide suitable accommodation(14.11.2019)
Present is an appeal against the eviction of Mr. Cedric Morgan Jones and Mrs. Diane Morgan Jones, aged 78 and 76 years old respectively, together with.....
Tags : Eviction, Legality, Right of residence
Fundamental breach of relationship justifies eviction(30.09.2021)
The Appellant’s appeal is against an order of the Land Claims Court, Randburg, which set aside an order by the Magistrate’s Court that, the Respondent.....
Tags : Eviction, Grant, Justification
Congress must specifically authorize CDC to continue with eviction moratorium imposed as relief program for alleviating the burdens caused by the COVID–19 pandemic(26.08.2021)
In March 2020, Congress passed the Coronavirus Aid, Re¬lief, and Economic Security Act to alleviate burdens caused by the COVID–19 pandemic. Among oth.....
Tags : Eviction, Extension of moratorium, COVID-19
An accused released on warning who fails to appear, shall be guilty of an offence and liable to the punishment(19.08.2020)
The issue in present appeal, with the special leave of this Court, is whether the Appellant’s petition for leave to appeal in terms of Section 309C of.....
Tags : Conviction, Leave to appeal, Grant of
In the absence of demonstrable and material misdirection, Trial Court’s findings of fact are presumed to be correct(30.07.2021)
The Appellant was arrested and charged with murder. Appellant raised an alibi defence during trial before the South Gauteng High Court (trial court). .....
Tags : Conviction, Evidence, Credibility
Sentencing is a discretionary exercise, an appellate court can only intervene, if the Appellant demonstrates either an express or implied material error(15.03.2022)
The Appellant was sentenced to a total effective sentence of 8 years 11 months' imprisonment. The appellant now appeals against his sentence. His sole.....
Tags : Conviction, Sentence, Validity
Leave to appeal must not be granted, unless the court is satisfied that the ground has a reasonable prospect of succeeding(19.09.2022)
The Appellant lodged an appeal against the decision by a magistrate to convict the Appellant of an offence contrary to Section 218(b) of the Planning .....
Tags : Charge, Simple offence, Conviction
Applicant for grant of special leave to appeal must show that there are special circumstances which merit a further appeal to the court(05.09.2022)
Present is an appeal against the refusal by the high court of the Appellant’s application for leave to appeal to that court against his conviction and.....
Tags : Conviction, Leave to appeal, Grant
If an undertaking is clear and unambiguous, a failure to obey it will constitute contempt(02.09.2022)
The applicant, the Attorney General, seeks orders that the first contemnor, Robert Noel Morrison (Mr. Morrison Snr.), and the second contemnor, Robert.....
Tags : Undertaking, Contempt, Conviction
Constitution not only provide protection for different religious beliefs and affiliation, it also guaranteed the freedom to observe and manifest the different religious beliefs(24.11.2022)
The interdict application had been brought by Mr. Chandra Giri Ellaurie. In terms of the interdict the high court ordered that the sound of the ‘Call .....
Tags : Noise, Interdict, Requirement
Sentencing or punishment is pre-eminently a matter of discretion of the trial court, A court exercising appellate jurisdiction cannot, interfere in the absence of a material misdirection(23.01.2023)
In present case, the Appellant was convicted of the rape of his 9-year-old niece and sentenced to life imprisonment by the Regional Court. The issues .....
Tags : Conviction, Evidence, Credibility
Driver of a vehicle must not use a mobile phone while the vehicle is moving, or is stationary but not parked(12.01.2022)
The Appellant was convicted of a contravention of regulation 265(2) in the Magistrates Court. Pursuant to Part 2 Division 2 of the Criminal Appeals Ac.....
Tags : Conviction, Evidence, Legality
Once an alibi has been raised, the alibi has to be accepted, unless it can be proven as false beyond a reasonable doubt(01.12.2022)
On 3 July 2016, in the early evening at approximately 18h00, a group of men arrived at the Mall of Africa taxi rank in Midrand in a white VW Polo moto.....
Tags : Charges, Conviction, Legality
High Court has jurisdiction to grant a forfeiture order in terms of the Prevention of Organised Crime Act(03.05.2021)
In present matter, on 28 July 2017, the high Court granted an ex parte application for a preservation order, in terms of Section 38 of the Prevention .....
Tags : Jurisdiction, Unlawful activity, Forfeiture order
Leave to appeal must not be granted on a ground of appeal unless the court is satisfied that the ground has a reasonable prospect of succeeding(17.02.2023)
The Appellant was charged with one count of assaulting a public officer who was performing a function of his office, contrary to Section 318(1)(d) of .....
Tags : Assault, Conviction, Legality
In a trial involving a charge of murder, the magistrate shall be assisted by assessors unless the accused requests that the trial may proceed without assessors(23.06.2023)
In facts of present case, Pillay had been charged with murder before the Regional Court. He was convicted. Pillay appealed to the high court against h.....
Tags : Conviction, Compliance, Provision
When self-defence has been specifically pleaded by the accused, the onus remains on the State to prove beyond reasonable doubt that the accused acted unlawfully(27.07.2023)
On 12 June 2020, the regional court, Benoni convicted Mr. Pillay for murder and sentenced the Appellant to 15 years’ imprisonment. On the same day, th.....
Tags : Conviction, Evidence, Legality
Leave to appeal must not be granted unless the court is satisfied that, the ground has a reasonable prospect of succeeding(08.08.2023)
Appellant was convicted of reckless driving, contrary to Section 60A(2) of the Road Traffic Act, 1974. He was fined $1,400, ordered to pay costs in th.....
Tags : Evidence, Conviction, Legality
Accommodation is not a home, it is a residence of limited duration for a specific purpose, that is time-bound by the academic year and subject to rotation(03.07.2023)
Present is an appeal against the order of the High Court, dismissing the Appellant’s application to evict the Respondents. The respondents had been ca.....
Tags : Accommodation, Eviction, Entitlement
If the preconditions in Section 45(1)(a) and (b) of Sentencing Act are satisfied, the Court has a discretion, not a duty, to make a spent conviction order(17.08.2023)
The Appellant was convicted in on a charge that, being an occupier of premises, she knowingly permitted those premises to be used for the purpose of t.....
Tags : Discretion, Spent Conviction, Sentence
High court will only exercise its jurisdiction in exceptional circumstances(29.09.2023)
The Commissioner for the South African Revenue Service (SARS) initiated an investigation into a series of transactions involving Absa Bank and several.....
Tags : Investigation, Notices, Jurisdiction
Jury can be satisfied of the guilt of the accused only if guilt is not simply a rational inference, but the only rational inference that the circumstances permit(22.02.2024)
The Appellant was convicted after trial in the Magistrates Court of one count of home burglary contrary to Section 401(2)(b) of the Criminal Code and .....
Tags : Conviction, Sentence, Legality
An accused can be convicted on the evidence of a competent single witness(20.03.2024)
The Appellant and his co-accused were convicted in the Regional Court, Johannesburg on a count of robbery with aggravating circumstances read with Sec.....
Tags : Robbery, Conviction, Legality
A contracting party is entitled to specific performance of any contractual right(28.03.2024)
Present is an appeal against a judgment of the High Court, which granted an eviction order against the appellant from a commercial property, pursuant .....
Tags : Eviction, Notice, Legality
News
Bombay HC Dismisses Rape Convict's Plea After Completion of Jail Term(23.11.2015)
Bombay HC has dismissed appeal filed by convict against five-year sentence granted to him for raping a minor in 2011. The convict has already served .....
Tags : Bombay HC, Rape Convict
Allahabad HC Issues Criminal Contempt Notices to 15 Agra Lawyers(26.10.2016)
Allahabad High Court, while taking cognizance of an illegal strike and alleged misbehaviour with several Judges of Agra District Court, has issued cri.....
Tags : Allahabad High Court, Agra District Court, Criminal Contempt
Madras HC Orders Rs. 3 Lakh Interim Compensation to Fire Victims of Sivakasi(27.10.2016)
Madras High Court has ordered an interim compensation of Rs 3 Lakh each to families of nine people who died due to a fire accident at a cracker shop i.....
Tags : Madras HC, Interim Compensation, Fire Victims, Sivakasi
Consumer Forum Orders 3 Months Jail Term to Chennai Based Builder(02.11.2016)
Northern Chennai District Consumer Disputes Redressal Forum has ordered three months imprisonment for a city-based realtor, in a case in which Chennai.....
Tags : Chennai District Consumer Disputes Redressal Forum, builder
Convicts Too Must Breathe Fresh Air, Maintain Family Ties, Says Supreme Court(03.10.2017)
Supreme Court has said and favoured a "humanistic approach" while dealing with pleas for parole or furlough to those serving long jail term by observi.....
Tags : Supreme Court, Convict, Fresh Air, Family
Why No Action Against Media Houses Revealing Identity of Sexual Offences Victims? SC to Media Bodies(23.10.2018)
Supreme Court has sought the response of media bodies like Press Council of India, News Broadcasting Standards Authority, Editors Guild of India and t.....
Tags : Supreme Court, Sexual Ofences Victim
Probation officer’s report cannot be used as a substitute for evidence(31.05.2024)
The present eviction application was launched in terms of section 9 of Extension of Security of Tenure Act (ESTA) on the basis that the statutory requ.....
Tags : Eviction, Entitlement, Discretion
Madras High Court Raps Trial Court for Wrong Conviction(16.12.2015)
Madras HC has pulled up a Sessions Court for having convicted five people under wrong provisions of law in a highway robbery case and set aside convic.....
Tags : Madras HC, Wrong Conviction, Sessions Court
Delhi HC: DDCA Can't Hold Twenty20 World Cup Without Compliances Certificate(21.12.2015)
Delhi High Court has said that Delhi and District Cricket Association (DDCA) will not be allowed to host ICC World Twenty20 matches unless it acquires.....
Tags : Delhi High Court, Delhi and District Cricket Association
Honeypreet Played a Key Role in Panchkula Violence After Dera Chief's Conviction, Says Chargesheet(29.11.2017)
Honeypreet Played a Key Role in Panchkula Violence After Dera Chief's Conviction, Says Chargesheet
Tags : The chargesheet, accessed by CNN-News18, says Honeypreet played a major role before and during the riots that occurred in the aftermath of the verdict by a special CBI court in Panchkula on August 25, killing over 40 people.
Supreme Court Allows Centre to Withdraw Force from Darjeeling Hills(29.11.2017)
Supreme Court Allows Centre to Withdraw Force from Darjeeling Hills
Tags : A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud agreed to the Centre's plea to relocate half of the remaining paramilitary forces from the state's strife-torn districts to the poll-bound state.
President Kovind Says 'Unacceptably Low' Number of Judges from Weaker Sections in Higher Judiciary(29.11.2017)
President Kovind Says 'Unacceptably Low' Number of Judges from Weaker Sections in Higher Judiciary
Tags : Telling the higher judiciary that it was its "sacred duty" to "groom" district and sessions judges and raise their skill so that more and more of them can be elevated to High Courts, President Kovind said "We need to take long-term measures to remedy this situation."
Hyderabad High Court Quashes G.O. on VM Home(29.11.2017)
Hyderabad High Court has quashed the orders of Telangana Government allotting 10 acres of land of Victoria Memorial orphanage home for construction of.....
Tags : Hyderabad High Court, Victoria Memorial
HC can Execute Foreign Arbitration Award Despite Change in Pecuniary Jurisdiction: Delhi HC(04.12.2018)
Delhi High Court has held that jurisdiction to execute foreign arbitration award continues with the high court, despite the change in pecuniary jurisd.....
Tags : Delhi High Court, Arbitration Award, Pecuniary Jurisdiction
State bears the onus to prove the identity of the Accused and to dispel their alibi defence beyond reasonable doubt(20.06.2024)
The matter involved Dinesh Moodley and Ugresen Perumal who were convicted of murder and sentenced to 25 years in prison on 6 September 2019 by the Gau.....
Tags : Conviction, Identification, Legality
Court has power to manage access to its records in a pending action.(16.01.2019)
The present application is about restricting access by persons who are not parties to the action. The applicant, Cockburn Cement Limited, has applied .....
Tags : Information, Access, Restriction
Contempt of a court order can be issued against the party when the breach is both wilful and mala fide(27.05.2020)
Present is an appeal against the judgment of the High Court, Pretoria in which she declared the first Appellant, (the City) and the second Appellant, .....
Tags : Interim interdict, Contempt, Prohibition
Court may allow an appeal against sentence if, in its opinion, a different sentence should have been imposed(27.07.2020)
Present is an appeal against sentence. The Appellant was charged on indictment with two counts: (a) On 1 March 2018, at Margaret River, the Appellant.....
Tags : Conviction, Sentence, Legality
Delhi HC Rejects Azad’s Plea for SIT Probe(09.02.2016)
Delhi High Court has rejected plea of Ex-Indian cricketers Kirti Azad and Bishan Singh Bedi seeking court monitored SIT probe into alleged financial i.....
Tags : Delhi High Court , Kirti Azad, Bishan Singh Bedi , Delhi and District Cricket Association
SC Stays Execution of a Death Row Convict(11.02.2016)
Supreme Court has stayed execution of a man who was convicted for raping and later killing a four-year-old girl in Mumbai in 2008.
Tags : Supreme Court, Death Row Convict
SC Orders All State to Formulate Policies for Uniform Compensation to Disabled Rape Victims(12.02.2016)
SC has directed all States and Union Territories to formulate a uniform scheme to provide compensation to the victims of sexual abuse and exploitation.....
Tags : Supreme Court, Disabled Rape Victims
Bombay HC Seeks State’s Reply Over Delay in Deciding Eligibility for Victim Welfare Scheme(17.01.2017)
Bombay High Court has asked State Government to explain delay in deciding whether benefits of its rehabilitation schemes meant for survivors of rape a.....
Tags : Bombay High Court, Victim Welfare Scheme
Jodhpur Based Court Acquits Salman Khan of All Charges Under Arms Act in Black Buck Poaching Case(18.01.2017)
A Jodhpur based Court has acquitted Bollywood Actor Salman Khan of all charges in Arms Act case against him in alleged poaching of two black bucks, af.....
Tags : Chief Judicial Magistrate, Jodhpur district, Salman Khan, Arms Act, Black Buck Poaching
CCI Approves Sony Pictures Deal to Buy Ten Sports(19.01.2017)
Competition Commission of India (CCI) has cleared Sony Pictures Networks’ proposed purchase of Ten Sports, owned by Zee Entertainment Enterprises.
Tags : Competition Commission of India, Ten Sports, Zee Entertainment, Sony Pictures
Court has to Confine Itself to 'Disobeyed' Order While Exercising Contempt Jurisdiction: SC(08.02.2019)
Supreme Court has reiterated that, while exercising the contempt jurisdiction, the court has to confine itself to the four corners of the order allege.....
Tags : Supreme Court, Contempt Jurisdiction
SC Put Stay on Execution Of Rape Convict, Murderer Of 5-Year-Old(30.03.2016)
SC has stayed execution of man, who was to be hanged on Wednesday for raping and killing a five-year-old last year in Madhya Pradesh and sought respon.....
Tags : SC, Rape Convict,stayed execution
Bombay High Court Seeks Progress Report on Rehabilitation of Victoria Owners(16.02.2017)
Bombay High Court has asked Government of Maharashtra to file an affidavit within 14 days explaining their progress on developing a rehabilitation pla.....
Tags : Bombay High Court, Victoria Owners
Bombay High Court Sets Aside Liquor Ban For Civic Polls(20.02.2017)
Bombay High Court has set aside ban on sale of liquor in Thane district on February 19 evening for civic elections.
Tags : Bombay High Court, Thane district, Liquor Ban
SERVICE - SC Dismisses Govt's Plea to Review Faculty Quota Verdict(28.02.2019)
Supreme Court has refused to re-examine its verdict which held that reservation for SCs, STs and OBCs for appointment as teachers in universities and .....
Tags : Supreme Court, Faculty Quota Verdict
SERVICE - Amended SC-ST Act Doesn't Limit Court's Jurisdiction to Grant Anticipatory Bail: Calcutta HC(01.03.2019)
Calcutta High Court has granted anticipatory bail to a journalist who was charged under Scheduled Castes and Scheduled Tribes (Prevention of Atrocitie.....
Tags : Calcutta High Court, Amended SC-ST Act Doesn't Limit Court's Jurisdiction to Grant Anticipatory Bail
CRIMINAL - Amended SC-ST Act Doesn't Limit Court's Jurisdiction to Grant Anticipatory Bail: Calcutta HC(01.03.2019)
Calcutta High Court has granted anticipatory bail to a journalist who was charged under Scheduled Castes and Scheduled Tribes (Prevention of Atrocitie.....
Tags : Calcutta High Court, Amended SC-ST Act Doesn't Limit Court's Jurisdiction to Grant Anticipatory Bail
Judgments
Prominent Hotels Ltd. suit for injunction against eviction not maintainable(11.09.2015)
Setting aside the judgment of the trial court, the Delhi High Court pronounced Prominent Hotels’ suit for declaration and injunction against the NDMC .....
Tags : Hotel, eviction, lease, maintainability, suit
Supreme Court dismisses UoI plea to hear arbitration dispute with Reliance(22.09.2015)
Noting the “valiant attempt to reopen a question settled twice over, that is by dismissal of both a review petition and a curative petition on the ver.....
Tags : Arbitration, jurisdiction
Delhi HC : Judges Should Not Disclose Victim’s Name in Sexual Assault Case(30.05.2016)
Delhi HC has said that Judicial officers should not mention the name of victims in the judgements passed in sexual assault cases and they “must avoid”.....
Tags : Delhi HC , Sexual Assault Case, Victim’s Name
SC Raps AICTE for Flouting Deadline(31.05.2016)
Supreme Court has rapped All India Council for Technical Education (AICTE) for flouting its deadline for approval to engineering colleges, thereby jeo.....
Tags : Supreme Court , AICTE
Bombay High Court Seeks State's Reply Over Policy For Children Born to Rape Victims(19.04.2017)
Bombay High Court has asked State Government whether there was a policy or scheme in place for children born to victims of rape.
Tags : Bombay High Court, Rape Victims
SC: ‘Exclusive Jurisdiction Clause’ In Arbitration Agreement Will Oust All Other Courts' Jurisdiction(20.04.2017)
Supreme Court has held that when there is an exclusive jurisdiction clause in an arbitration agreement stating that Courts at a particular place alone.....
Tags : Supreme Court, Exclusive Jurisdiction Claus
Victim Cannot be Allowed to Conduct Prosecution Independently: Supreme Court(15.05.2018)
Supreme Court has ruled that a victim or a de-facto complainant, under proviso to Section 24(8) of CrPC, cannot be permitted to conduct prosecution ei.....
Tags : Supreme Court, Victim
SC to P&H HC: Rethink Hiking Per Acre Payoff From Rs 12L to Rs 2Cr(25.05.2018)
Supreme Court has asked Punjab and Haryana High Court to reconsider its decision to enhance market value of acquired land at Hansi in Hisar District f.....
Tags : Supreme Court, Hisar District
PROPERTY - Delhi HC: Forced and Unannounced Eviction Of Slum Dwellers Contrary To Law(19.03.2019)
Delhi High Court has observed that forced and unannounced eviction of jhuggi dwellers is contrary to law and authorities should ensure that displaced .....
Tags : Delhi High Court, unauthorised eviction, slum dwellers
Mere reference of numerous members not having the same interest does not raise presumption of non-maintainability(12.08.2015)
In a case where the Petitioner, with over 3,000 members, alleged non-maintainability of a suit filed by one member disputing a resolution taken in an .....
Tags : Company, jurisdiction, single member, complaint
Civil Courts in West Bengal have authority to entertain tenant's application for repair of premises(19.08.2015)
The West Bengal Premises Tenancy Act, 1997 does not exclude jurisdiction of the Civil Court in an application to facilitate urgent repair work. A civi.....
Tags : Tenancy, civil court, jurisdiction
Madras High Court Cancels Conviction of Family of Three, Charged in a Murder Case(28.08.2015)
Madras High Court has cancelled conviction and sentence imposed on a family of three, including an aged woman, from murder case on account of various .....
Tags : Madras High Court,Conviction
SC Seeks Center, Election Commission's Views over Lifetime Ban on Convicted Politicians(15.09.2016)
SC has formally sought views of Centre and Election Commission on a public interest litigation demanding a lifetime ban on convicted politicians after.....
Tags : SC , Centre , Election Commission, Convicted politicians
Kurnool Consumer Court Orders 4.5 lakh Compensation to Patient for Kidney Removal Without Consent(29.06.2017)
Karnool District Consumer Forum has ordered Indian Medical Association based in Hyderabad, to pay Rs 4.5 lakh as compensation and medical expenses to .....
Tags : Karnool District Consumer Forum, Indian Medical Association
Supreme Court Rejects Plea For Parity in Compensation to Riot Victims(05.07.2017)
Supreme Court has dismissed a Special Leave Petition challenging Patna High Court’s refusal to issue a direction to Centre to frame a common policy wi.....
Tags : Supreme Court, Riot Victims
District and Sessions Court, Pathankot Convicts Six and Acquits One in Kathua Rape Case(10.06.2019)
District and Sessions Court Pathankot held six of the eight accused in the rape and murder of an eight-year-old nomadic girl in Kathua including the .....
Tags : Kathua Rape Case, District and Sessions Court
Kathua Rape Case : District and Sessions Court, Pathankot Sentences Three Accused to Life Term(11.06.2019)
District and Sessions Judge Pathankot Tejwinder Singh has pronounced sentence in the ghastly crime relating to gang rape and murder of an eight year o.....
Tags : Kathua Rape Case, District and Sessions Court
Pleadings allowed to be amended when 'petition ripe for hearing'(07.08.2015)
The Court allowed an amendment of pleadings requiring a determination of jurisdiction by the court. The Court questioned whether the amendment was nec.....
Tags : amending pleading, territorial jurisdiction
Two Indian firms may conduct arbitration outside Country and under a foreign law, if there was an agreement to that effect(24.08.2016)
Disputes arose between Appellant and Respondent. Respondent by its letter purported to terminate AGREEMENT-I. Thereafter, Respondent made a request fo.....
Tags : Jurisdiction, Agreement, Arbitration, Assertion
Bombay HC Dismisses Plea Contending that Appeals of Celebrities are Heard on Priority Basis(14.09.2015)
Bombay HC has dismissed petition filed by convict contending that appeals of celebrities are heard on prority basis, stating that such discretion is e.....
Tags : Bombay HC ,writ jurisdiction
Delhi High Court Orders “Swacchta Abhiyan“in Delhi Court Complexes(17.09.2015)
Delhi High Court while taking note of lack of cleanliness in Delhi court complexes, has ordered all bar associations and district judges heading each .....
Tags : Delhi High Court ,bar associations , district judges
Bombay High Court Says No Corroboration Needed if Rape Victim's Statement is Reliable(21.09.2015)
Bombay HC has confirmed conviction of a 23-year-old man for raping a minor girl while observing that if statement of rape victim is trustworthy and re.....
Tags : Bombay High Court ,corroboration of rape victim
SC: Discretionary Jurisdiction Must Be Exercised On Fair And Just Principles(17.07.2017)
Supreme Court has held that exercise of discretion under Section 427(1) Code of Criminal Procedure, in a given case, mandates that the substantive sen.....
Tags : Supreme Court, Discretionary Jurisdiction
Govt Exempts Import of Motion Pictures, Music, Gaming Software from Customs Duty(24.07.2017)
Central Government has notified exemption for import of motion pictures, music, gaming software for use on gaming consoles printed or recorded on medi.....
Tags : Customs Duty, Motion Pictures, Music, Gaming Software
Supreme Court: Courts Should Give Priority to Eviction Cases(31.07.2017)
Supreme Court has said that eviction matters should be given priority by Courts at all stages of litigation, especially in cases where the landlord ha.....
Tags : Supreme Court, eviction
Supreme Court: Interest of Victim Has to be Kept in Mind While Awarding Punishment(31.07.2019)
Supreme Court has ruled that courts have to keep in view the interest of the victim and society at large when awarding punishment. The Court further h.....
Tags : Supreme Court, Victim
When parties mutually agreed for jurisdiction of Delhi Courts and fact that, goods were supplied from Delhi, Delhi High Court has jurisdiction(30.08.2016)
Appellants-Defendants were appointed as Clearing and Forwarding Agents and Stockists of respondents-Plaintiffs and on account of appellants-defendants.....
Tags : Contract, Privity, Sale of goods, Jurisdiction
Delhi Court Orders Criminal Proceedings against Unitech(15.06.2016)
A Delhi District Court has ordered that proceedings be initiated against real estate developer Unitech and its promoters along with its top executives.....
Tags : Delhi District Court, Unitech
Delhi HC: Rape Leaves Permanent Scars On Child Survivor(20.06.2016)
Delhi HC has dismissed a man's plea against a 10-year jail term awarded to him for raping a seven-year-old girl in 1996, saying the "abhorring act" le.....
Tags : Delhi HC , Rape, child victim
US Supreme Court Upholds District Lines in Texas(26.06.2018)
US Supreme Court has upheld Texas' challenged maps for political districts, but said one congressional district near Fort Worth was drawn in a way tha.....
Tags : US Supreme Court, District Lines
US Supreme Court Partly Rejects Redrawn North Carolina Election Districts(29.06.2018)
U.S. Supreme Court threw out part of a lower court ruling that had invalidated a series of state legislative districts drawn by Republicans in North C.....
Tags : US Supreme Court, Carolina Election Districts
Madras High Court Dismisses Law Teacher's Request to Appear in District Judge Examination(18.06.2019)
Madras High Court has dismissed a petition filed by a law teacher seeking directions to amend the Tamil Nadu State Judicial Service (Cadre and Recruit.....
Tags : Madras High Court, District Judge
ITAT Pune: Revisional Jurisdiction Cannot be Invoked Against an Illegal Re-Assessment(20.06.2019)
Income Tax Appellate Tribunal (ITAT Pune) has noted that the revisional jurisdiction under Section 263 of the Income Tax Act, 1961 cannot be invoked b.....
Tags : ITAT Pune, Revisional Jurisdiction
Avitel’s petition against arbitral award dismissed(28.09.2015)
The Bombay High Court dismissed Avitel Post Studioz’ petition under the Arbitration and Conciliation Act, 1996 against arbitral awards passed in 2012 .....
Tags : Arbitration, seat, challenge, exclude, jurisdiction
Court is within powers to direct that subsequent sentence shall run concurrently with previous sentence(03.10.2016)
Appellant was involved in committing thefts was charged of having committed offences on different occasions and was separately tried for offences puni.....
Tags : Conviction, Sentences, Quantum
When a dying declaration is suspicious, it should not be acted upon without corroborative evidence(09.09.2016)
A charge sheet was filed against accused persons under Sections 302, 452 and 34 of Indian Penal Code and under Section 3 read with Section 25 of the A.....
Tags : Conviction, Evidence, Credibility
NGT Isues Notices to Civic Agencies over Mahanadi Pollution(06.11.2015)
National Green Tribunal (NGT) has issued showcause notices to Subarnapur District Administration and Sonepur Town Municipality and Odisha Housing and .....
Tags : National Green Tribunal , Subarnapur District Administration , Sonepur Town Municipality , Odisha Housing and Urban Development Department
SC Notices Centre over Plea Seeking Disqualification of Convicted Representatives(08.11.2016)
Supreme Court has issued a notice to Centre in a plea seeking disqualification of Elected Representatives by Election Commission of India upon convict.....
Tags : Supreme Court, Elected Representatives, disqualification, conviction
Madras HC: Litigants Cannot Choose Forum as Per Their Likes(09.11.2016)
Madras High Court has held that litigants cannot approach High Court directly, without moving an application before Jurisdictional District Court, for.....
Tags : Madras High Court, Jurisdictional District Court, Intra-District Transfer
Madras HC Notices State Government over Plea Challenging Fishing Restrictions(10.11.2016)
Madras High Court has issued notice to State Government on plea seeking to quash Government order prohibiting fishing by Mechanized Vessels, Motorized.....
Tags : Madras High Court , Fishing Restrictions
Delhi High Court Reverses Dowry Conviction of In-Laws(06.10.2017)
Delhi High Court has noticed a tendency "to rope in all in-laws" by the alleged victims in dowry related cases, and reversed a conviction in one such .....
Tags : Delhi High Court, Dowry Conviction
Karnataka High Court Issues Guidelines on Victim Compensation(06.09.2019)
Karnataka High Court while observing that trial courts are delivering justice more oriented towards the rights of accused persons and the same is not .....
Tags : Karnataka High Court, Victim Compensation
Legal right of residence in property entitled married daughter to seek tenant’s eviction from it for her need(27.09.2016)
In instant case, Appellant is aggrieved by judgment of High Court reversing concurrent findings of Courts below holding that, Appellant’s daughter is .....
Tags : Eviction, Right, Bonafide Need
Jurisdiction specifically given to competent authority under Act bars lower courts jurisdiction(03.10.2016)
In facts of present case, under leave and licence agreement made in year 2007, Petitioners had given their property situated at Shahanurwadi Chowk, Au.....
Tags : Competent authority, Jurisdiction
Madras HC: Private Intercity Buses Can Enter City During Night Hours(23.12.2015)
Madras High Court has stayed operation of a notification published in Madurai district gazette on December 9 last prohibiting entry of private interc.....
Tags : Madras High Court, Madurai district, private intercity buses
NGT Directs MP to Stop Sand Mining in Harda District(24.12.2015)
National Green Tribunal (NGT) over a complaint that mining was being carried out mechanically in a river in Harda district, has directed Madhya Prades.....
Tags : National Green Tribunal , Harda district
Gujarat HC Permits Abortion Of Rape Victim's 8-Week Foetus(29.12.2015)
Gujarat High Court, on plea of a 16-year-old rape victim’s parents, has permitted to abort her eight-week foetus under proper medical care.
Tags : Gujarat High Court, rape victim, Abortion
Lack of Injury on Rape Victim’s Body is of No Help in Determining Consent: Bombay HC(29.12.2018)
Bombay High Court has observed that absence of any injury on the body of the victim cannot lead to a conclusion that she had given her consent and all.....
Tags : Bombay High Court, Lack of Injury on Rape Victim
Lack of Injury on Rape Victim’s Body is of No Help in Determining Consent: Bombay HC(29.12.2018)
Bombay High Court has observed that absence of any injury on the body of the victim cannot lead to a conclusion that she had given her consent and all.....
Tags : Bombay High Court, Lack of Injury on Rape Victim
District Forum Directs SBI to Pay Rs. 1 Lakh to Customer for Wrongly Debiting his Account(09.10.2019)
District Consumer Disputes Redressal Forum, Hyderabad has directed the State Bank of India (SBI) to pay compensation and litigation costs worth Rs 1 l.....
Tags : District Forum, SBI
Supreme Court: Rights of Victim and Society at Large not Secondary to Rights of Accused(09.10.2019)
Supreme Court has observed that rights of the victim and the society at large cannot be made secondary to the rights of the Accused. The Court observe.....
Tags : Supreme Court, Victim
Mere knowledge that modesty of a woman is likely to be outraged is sufficient to constitute offence(23.09.2016)
Instant appeal filed against judgment of High Court dismissing revision petition filed by
SPS Rathore-Appellant-accused, a member of prestigious ser.....
Tags : Modesty, Outrage, Conviction
Delhi High Court Stays 25% Wage Cut of Convicts in Delhi Jails(04.12.2018)
Delhi High Court has put on hold a practice in Tihar jail under which 25% of the wages of prisoners is deducted for a victim compensation fund.
Tags : Delhi High Court, 25% Wage Cut of Convicts
SC Grants Interim Protection to Rape Accused from Arrest Who Later Married the Victim(05.12.2018)
Supreme Court has granted interim protection from arrest to a ‘rape’ accused who was accused of kidnapping a girl and committing rape on her and later.....
Tags : Supreme Court, Rape victim, Rape Accused Married Victim
Supreme Court Issues Important Directives to protect privacy and reputation of Sexual Assault Victim(12.12.2018)
SC while issuing important directives to protect privacy and reputation of sexual assault victims has barred any agency from revealing the identity of.....
Tags : Supreme Court, Sexual Assault Victim
Convict’s Socio-Economic Condition Must be Considered While Awarding Sentence: SC(13.12.2018)
Supreme Court, while commuting death sentence awarded to a man convicted for murdering six members in a family, has observed that socio-economic condi.....
Tags : Supreme Court, Socio-Economic Condition of Convict
Convict’s Socio-Economic Condition Must be Considered While Awarding Sentence: SC(13.12.2018)
Supreme Court, while commuting death sentence awarded to a man convicted for murdering six members in a family, has observed that socio-economic condi.....
Tags : Supreme Court, Socio-Economic Condition of Convict
Supreme Court: Cannot Compensate Crash Victim in Installments(03.10.2019)
Supreme Court has put brakes on a Madras High Court order that held that motor accident victims in Tamil Nadu would receive compensation in periodic i.....
Tags : Supreme Court, Crash Victim
Agreement to confer exclusive jurisdiction on one of Courts to exclusion of other, neither forbidden by law nor against public policy(04.10.2016)
Instant petition filed by Petitioner against Respondent, Mahindra Logistics Limited, seeking appointment of an Arbitrator to adjudicate disputes betwe.....
Tags : Arbitrator, Appointment, Agreement, Jurisdiction
Proof of cruelty or harassment by husband or her relative or person charged is sine qua non to inspirit statutory presumption(18.11.2016)
Appellants, in-laws of deceased, being aggrieved by conversion of their acquittal into conviction by High Court under Sections 498A and 304B of Indian.....
Tags : Dowry death, Conviction, Proof
P&H HC : Any Reduction in Sentence of Rape Convicts Would be an Anathema to the Very Concept of Law(16.02.2016)
Punjab and Haryana HC, while making it clear that there is no room for leniency towards people convicted of rape, has held that "any reduction in sent.....
Tags : Punjab and Haryana HC, Rape Convicts
Gujarat HC Permits Rape Victim to Abort 6-Month Foetus(23.02.2016)
Gujarat High Court has allowed a teen rape victim to abort her six-month foetus on medical grounds.
Tags : Gujarat High Court , rape victim
Punjab & Haryana HC Notices Haryana Govt For ‘Uprooting’ 80 Families in Mewat(12.01.2017)
Punjab and Haryana High Court has put Haryana Government on notice over a petition highlighting that Government has uprooted over 80 families in Tundl.....
Tags : Punjab and Haryana High Court, Mewat district, CRPF camp
Availability of Alternative Remedy No Bar to Invoke Contempt Jurisdiction: Chhattisgarh HC(15.01.2019)
Chhattisgarh High Court has termed contempt jurisdiction a 'Jurisdiction of Necessity' and also observed that a contempt petition cannot be held to be.....
Tags : Chhattisgarh High Court, Contempt Jurisdiction
Executing Court can't Decide Whether Court Which Decreed Suit had Territorial Jurisdiction: SC(21.01.2019)
Supreme Court has observed that an executing court has no jurisdiction to decide whether the court which passed the decree had territorial jurisdictio.....
Tags : Supreme Court, Executing Court, Territorial Jurisdiction
Madras High Court Orders Collector to Evict Encroachers from Nilgiris Water Bodies(21.01.2019)
Madras High Court has directed Nilgiris Collector on January 11 to evict encroachers from public land, bus stands and water bodies in the district.
Tags : Madras High Court, Evict Encroachers from Nilgiris Water Bodies
SC: No Automatic Conviction under Section 306 IPC because Accused was Found Guilty under Section 498A(27.11.2019)
Supreme Court has observed that merely because an Accused is found guilty of an offence punishable under Section 498A of Indian Penal Code, 1860 and t.....
Tags : SC, Conviction
High Court having supervisory jurisdiction under Arbitration Act not expected to sit on appeal against Arbitral Award(21.11.2016)
In instant case, Arbitrator passed the Award, thereby winding up partnership firm and to settle accounts of the firm between parties in terms of Secti.....
Tags : Award, Review, Jurisdiction
Bombay HC Grants Bail to Acid Attack Convict Jerrit John(27.01.2016)
Bombay High Court has granted bail to production house owner Jerrit John, convicted for hurling acid at his former girlfriend Aryanka Hosbetkar, after.....
Tags : Bombay High Court, Acid Attack Convict, Jerrit John
CIVIL - SC Orders Eviction of More Than 10 Lakh Tribals(21.02.2019)
Supreme Court has ordered eviction of at least 10 lakh Scheduled Tribes and Other Traditional Forest Dwellers after their claims on forestlands were r.....
Tags : Supreme Court, Eviction, Tribals
CRIMINAL - Trend of Minor Rape Victims Turning Hostile is on Rise: Bombay HC(21.02.2019)
Bombay High Court has taken note of trend of minor rape victims turning hostile and observed mostly culprit is a relative so child is forced to forget.....
Tags : Bombay High Court, Minor Rape Victims
Kerala High Court:Authority of Advance Rulings Does not Have Jurisdiction to Go Beyond Issue Referred(13.01.2020)
Kerala High Court has held that it is only open to Authority of Advance Rulings to enquire based on terms of the agreement and not venture beyond the .....
Tags : Kerala High Court, Jurisdiction
SC Dismisses BBMP’s Plea Against High Court Order Directing it to Compensate Victims(13.01.2020)
Supreme Court has refused Bruhat Bengaluru Mahanagara Palike's Plea to interfere with the Karnataka High Court's verdict, asking the corporation to co.....
Tags : SC, Victims
Supreme Court: Sub-Letting Part of Tenanted Premises Gives Landlord Right Eviction from Whole Premise(14.01.2020)
Supreme Court has interpreted the provisions of Kerala Buildings (Lease and Rent Control), Act, 1965 and observed that the sub-letting of any part of .....
Tags : Supreme Court, Right to Eviction
To have territorial jurisdiction at Delhi, whole or part of cause of action would have to accrue at Delhi(19.12.2016)
Present writ petition impugns orders passed by Respondent/Central Bank of India/ employer whereby Petitioner has been inflicted punishment of dismissa.....
Tags : Proceedings, Jurisdiction, Cause of action
Presumption under Section 113B of Evidence Act can be drawn only where ingredients of Section 304B of IPC are fulfilled(21.12.2016)
In facts of present case, FIR under Section 304B/34 of Indian Penal Code, 1860 (IPC), was registered on basis of statement made by complainant. After .....
Tags : Conviction, Evidence, Credibility
Delhi HC Activates District Road Safety Committees(18.01.2016)
Delhi HC has activated Delhi's District-Level Road Safety Committees formed two years ago to deal with traffic problems.
Tags : Delhi HC , Delhi's District-Level Road Safety Committees
Rajasthan HC Directs State to Connect all Central, District Jails with Video-Conferencing Facility(21.12.2016)
Rajasthan High Court has directed State Government to connect all Central and District Jails in State with video-conferencing facility by February 28 .....
Tags : Rajasthan High Court, Central, District Jails, Video-Conferencing
BHC: Divisional Commissioner does not have Jurisdiction to Set Aside Appointment of Anganwadi Sevika(12.11.2019)
Bombay High Court (BHC) has ruled that Divisional Commissioner does not have jurisdiction under Section 267A of Maharashtra Zilla Parishads and Pancha.....
Tags : BHC, Jurisdiction
Supreme Court Quashes DDA's Eviction Proceedings for Fortis’ Escort Heart Institute(15.11.2019)
Supreme Court has quashed the proceedings for eviction of Fortis Healthcare Ltd’s subsidiary Escort Heart Institute & Research Centre from its premise.....
Tags : Supreme Court, Eviction, Fortis
Supreme Court Upholds Right of NRIs to Claim 'Summary' Eviction Procedure(18.11.2019)
Supreme Court has upheld the constitutional validity of Section 13-B of East Punjab Urban Rent Restriction Act, 1949 which grants Non-Resident Indians.....
Tags : Supreme Court, Eviction
SC: Pvt Counsel Engaged by Victim Cannot Make Oral Argument or Cross Examine Witnesses(21.11.2019)
Supreme Court has observed that though a victim can engage a private counsel to assist the prosecution such Counsel could not be given the right to ma.....
Tags : SC, Victim, Counsel
Courts cannot usurp function of disciplinary authority, decision qua nature and quantum prerogative of disciplinary authority(09.12.2016)
A departmental inquiry was conducted against Respondent No.1, an employee of Appellant, into certain charges of misconduct. In said inquiry, charges w.....
Tags : Penalty, Alteration, Jurisdiction
To constitute abetment, intention of accused to instigate commission of suicide is imperative(02.12.2016)
In instant case, assailment is the judgment passed by High Court of Punjab and Haryana, affirming conviction of Appellant and co-accused Sukhvinder Si.....
Tags : Conviction, Abetment, Mensrea
Murder charge cannot be brought home unless there is some evidence to show that, robbery and murder occurred at same time(20.01.2017)
Accused-Appellant had been convicted by trial Court for offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1860. He has a.....
Tags : Conviction, Provision, Applicability
Person who records dying declaration must be satisfied that deceased was in fit state of mind(19.01.2017)
In present criminal appeal, Accused-Appellant, has challenged judgment passed by Additional Sessions Judge, by which accused appellant was convicted f.....
Tags : Conviction, Dying Declaration, Credibility
Prosecution under Section 182 of IPC void without following procedure prescribed under Section 195 of Cr. PC(10.01.2017)
Instant appeals arise out of criminal proceedings pending in Court of Additional Session Judge, Delhi in relation to offences registered under Section.....
Tags : Conviction, Procedure, Applicability
States ordered to better compensation for rape vicitims(11.02.2016)
The Supreme Court ordered States and Union Territories to establish uniform compensation for rape victims under the Victim Compensation Scheme. It pre.....
Tags : Victim compensation scheme, uniform, rape
Mere filing of appeal by convicted person should not be a ground to suspend conviction(16.01.2017)
Present application has been filed by Applicant-appellant under Section 389 read with Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) se.....
Tags : Conviction, Suspension, Entitlement
Delhi HC Question Special Court’s Jurisdiction in Nido Tania’s Case(11.04.2016)
Delhi HC has raised questions over jurisdiction of special court conducting trial in case of Nido Tania, in 2014, while pointing out that charges agai.....
Tags : Delhi HC, Nido Tania, Special Court’s Jurisdiction
SC Rejects Plea Challenging Compesansation Awarded to Family of Dadri Victim(12.04.2016)
Supreme Court has rejected a plea challenging award of whopping Rs 45 lakh to family of Dadri victim Mohammed Akhlaq on ground that it was violative .....
Tags : Supreme Court , Dadri victim
Delhi HC Stays Restriction that Refund Period Cannot be Spread across Two Financial Years(31.01.2020)
Delhi High Court has stayed the Paragraph 8 of Circular No. 125/44/2019-GST dated 18.11.2019 which restricted that Refund Period cannot be spread acro.....
Tags : Delhi High Court, Restriction, Refund Period
Bombay HC Issues Notice to Government on PIL for Protection of Rights & Identity of Rape Victims(03.02.2020)
Bombay High Court has issued notice to the Union of India and State of Maharashtra in a Public Interest Litigation seeking directions for implementati.....
Tags : Bombay High Court, Protection of Rights & Victims of Rape Victims
Delhi HC Directs Constitution of Board to Examine Rape Victim for Termination of 24-Week Pregnancy(04.02.2020)
Delhi High Court has directed the constitution of a medical board to examine a minor rape victim, who is seeking permission to terminate her 24-week p.....
Tags : Delhi HC, Rape Victim
Intent and knowledge is must for crime to fall under Section 304 Part I of Indian Penal Code(14.02.2017)
In present case, Trial Court observed that, Appellants acted with common intention to commit murder of deceased and found that, prosecution has proved.....
Tags : Conviction, Sentence, modification
Jurisdiction of consumer fora not barred, even if, provisions to provide compensation are laid down in Railway legislation(18.01.2017)
Present first appeal has been filed under Section 19, read with Section 21(a)(ii) of the Consumer Protection Act, 1986, against impugned order passed .....
Tags : Complaint, Compensation, Jurisdiction
Intention of members of unlawful assembly can be gathered by nature, number and location of injuries inflicted(27.01.2017)
In facts of present case, Appellant was sentenced to undergo rigorous imprisonment for life for offence punishable under Section 302 of Indian Penal C.....
Tags : Conviction, Validity, Unlawful assembly
Stalling foreign arbitral award with Indian law rebuked(13.05.2016)
Where parties to a contract choose a seat of arbitration outside India and the law applicable is explicitly not Indian, courts in India do not have ju.....
Tags : Arbitration, abroad, jurisdiction, umpire
Accused is entitled to benefit of doubt, when there is contradiction between medical and ocular evidence and latches in investigation(28.03.2017)
Ratio: Accused is presumed to be innocent until his guilt is proved beyond reasonable doubt
Instant appeals arise out of a common .....
Tags : Conviction, Evidence, Credibility
“Venue of Arbitration proceedings” need not essentially be a place where “seat of arbitration” is located”(23.03.2017)
In facts of present case, pursuant to award passed by Arbitrator in favour of Respondent/decree holder, an execution petition was filed before Court b.....
Tags : Award, Execution, Jurisdiction
Value of medical evidence is only corroborative; it proves that, injuries could have been caused in manner alleged(25.04.2017)
Present appeal arises out of impugned judgment passed by a Division Bench of High Court of Madhya Pradesh, upholding conviction and sentence passed by.....
Tags : Conviction, Evidence, Credibility
Bombay High Court to State: Frame Policy to Permit Victorias to Ply Officially(17.03.2017)
Bombay High Court has asked State Government to consider framing a new policy that permits iconic Victoria horse-drawn carriages to ply officially.
Tags : Bombay High Court, Victorias
Supreme Court: Eviction Suit By Co-owner With ‘No Objection From Other Owners’ Maintainable(24.03.2017)
Supreme Court has reiterated that a co-owner can alone maintain a suit for eviction of tenant without joining other co-owners if such other co-owners .....
Tags : Supreme Court, Eviction Suit
CRIMINAL - SC Review Sets Free 6 Death Row Convicts(06.03.2019)
Supreme Court has set aside its own judgment of 2009 and set free six convicts sent to death row, concluding that they had been “falsely implicated” i.....
Tags : Supreme Court, SC Review Sets Free 6 Death Row Convicts
Consumer Forum, Kolkata Directs VLCC to Compensate Client who Sustained Burn Injuries(20.01.2020)
District Consumer Disputes Redressal Commission, Kolkata has directed beauty clinic Vandana Luthra Curls and Curves to compensate a client who sustain.....
Tags : Kolkata District Consumer Disputes Redressal Commission, Vandana Luthra Curls and Curves
NCDRC: Consumer Forums Do Not Have Jurisdiction Over Educational Institutions(23.01.2020)
National Consumer Disputes Redressal Commission has answered a reference holding that 'educational institutions' do not impart 'services' and hence th.....
Tags : National Consumer Disputes Redressal Commission, Jurisdiction Over Educational Institutions
Madras HC Upholds Decision of Sessions Court to Award Compensation to Victim of Custodial Torture(24.01.2020)
Madras High Court has upheld the judgment of the Sessions Judge awarding compensation of Rs. 1 Lakh to the victim who suffered torture, bodily injury .....
Tags : Madras High Court, Compensation to Victim of Custodial Torture
SC: Writ of Habeas Corpus Cannot be Invoked for Granting Premature Release to Convicted Prisoners(24.01.2020)
Supreme Court has observed that a Writ of Habeas Corpus cannot be invoked for granting plea seeking the premature release of a convicted prisoner. The.....
Tags : Supreme Court, Writ of Habeas Corpus, Premature Release of Convict
Eviction can be claimed on ground of default in payment of rent(22.05.2017)
Instant appeal is against judgment passed in eviction wherein suit filed by Respondent herein/Plaintiff was decreed holding that, Plaintiff was entitl.....
Tags : Rent, Payment, Default, Eviction
District courts 'principal civil Court' in Bihar(30.07.2015)
The District Court, not the Subordinate court, have original jurisdiction in Bihar for receiving matters under Section 34 of the Arbitration and Conci.....
Tags : arbitration, civil, original jurisdiction
Where primary witnesses itself are reliable, conviction can safely be based on testimony of said witnesses even in absence of corroboration from call records(31.05.2017)
By present appeal, Appellant challenges impugned judgment convicting him for offences punishable under Section 302/201 of Indian Penal Code, 1860 (IPC.....
Tags : Conviction, Evidence, Validity
Madras HC: Injury Need Not be Physical Always(01.08.2016)
Madras HC, while clarifying that injury doesn’t always need to be physical, has held that parents of a minor girl who was allegedly abducted and marri.....
Tags : Madras HC, Tamil Nadu Victim Compensation Scheme
Madras HC Quashes ‘Worst Judgment’, Says 'Let This be Last Ruling Ever Written on Communal Grounds'(28.04.2017)
Madras High Court has set aside a Judgment delivered by District & Sessions Judge No.II, Kancheepuram observing that impugned judgment is a classic ex.....
Tags : Madras High Court, District & Sessions Judge No.II, Kancheepuram
Bombay High Court: Kindness to Convict Should Not Result in Cruelty to Society(19.06.2018)
Bombay High Court has upheld a provision denying furlough to rape convicts, asserting that “kindness to the convicts does not result in cruelty to the.....
Tags : Bombay High Court, Convict
Supreme Court Frees Convict in 20 year old Murder Case(18.04.2019)
Supreme Court has acquitted a man sentenced to life imprisonment in a 20 year old murder case on learning that he was a juvenile at time of commission.....
Tags : Supreme Court, Frees Convict, Murder
Delhi HC Directs Police to Submit Compliance Report in Plea Seeking Rehabilitation of Victims(02.03.2020)
Delhi High Court has directed Delhi Police to submit a report within 3 weeks highlighting the actions taken by police in compliance of the Court's pre.....
Tags : Delhi High Court, Rehabilitation of Victims
SC: Statement u/s 161 CrPC Inadmissible in Evidence and Cannot be Relied Upon for Conviction(03.03.2020)
Supreme Court has reiterated that a Statement recorded under Section 161 of the Code of Criminal Procedure, 1973 is inadmissible in evidence and canno.....
Tags : Supreme Court, Evidence to Uphold Conviction
Delhi HC Issues Directions for Streamlining Recording of Victims/Witnesses Testimonies(04.03.2020)
Delhi High Court has issued a series of directions to the Delhi Government, Delhi Police and the Trial Courts, to make the process for collecting the .....
Tags : Delhi High Court, Streamlining Recording of Victims/Witnesses Testimonies
Minor defect in investigation on part of Investigating Officer does not take away prosecution case(23.06.2017)
Instant appeal is against judgment passed by Additional District & Sessions Judge, Fast Track 1st Court, convicting Appellant for offence punishable u.....
Tags : Conviction, Evidence, Credibility
Mere delay cannot be a ground for discarding entire prosecution case(23.06.2017)
In instant case, Trial Court framed charge against Appellant under Section 9(m) of Act punishable under Section 10 of Protection of Children from Sexu.....
Tags : Conviction, Validity, FIR, Delay
Essence of Section 34 of IPC, is simultaneous consensus of minds of persons participating in criminal action to bring about particular result(25.07.2017)
Present appeals arise out of common judgment and sentence passed by Additional Sessions Judge, Fast Track Court. Trial Court after hearing parties and.....
Tags : Common Intention, Conviction, Validity
Delhi High Court to Revise Norms on Protecting Identity of Child Victims, Juveniles(18.07.2016)
Guidelines to protect the identity of minors involved in criminal cases, laid down by a committee appointed by the Delhi High Court, are set to be rev.....
Tags : Delhi High Court, Child Victims
Delhi HC Directs AIIMS to Constitute Panel of Doctors to Examine Minor Rape Victim(26.07.2016)
Delhi HC has directed AIIMS to constitute a panel of doctors to examine minor rape victim and consider if her foetus can be aborted without endangerin.....
Tags : Delhi HC , AIIMS , rape victim
Barabanki District Court Acquits Former AMU Scholar Gulzar Wani in Sabarmati Express Blast Case(22.05.2017)
Barabanki District Court has acquitted two accused in Sabarmati Express Blast Case of 2000.
Tags : Barabanki District Court, Sabarmati Express Blast Case
Supreme Court Says Fresh Selection to Kerala District Judges Subject to Result of Writ Petition(24.07.2018)
Supreme Court has ordered that selection made to Kerala District Judges during the pendency of petition will be subject to the final result of the pet.....
Tags : Supreme Court, Kerala District Judges
NCLT Has Exclusive Jurisdiction to Try All Company Matters(30.05.2019)
National Company Law Appellate Tribunal/NCLAT has held that the National Company Law Tribunal has exclusive jurisdiction to try all matters under Comp.....
Tags : NCLT, Jurisdiction
Supreme Court Allows Wife of Murder-Convict to Stay With Her In-Laws(30.05.2019)
Supreme Court has set aside a Madras High Court order which refused the request of the wife of a murder-convict to stay with her in-laws.
Tags : Supreme Court, Murder Convict
SC Asks Bhopal Gas Tragedy Victim to Move to Madhya Pradesh HC(08.04.2020)
Supreme Court has asked a Bhopal Gas Tragedy survivor to immediately approach the Madhya Pradesh High Court at Jabalpur with her Petition challenging .....
Tags : Supreme Court, Bhopal Gas Tragedy Victim
Public servant facing charge of criminal misconduct is not liable to furnish any explanation in absence of proof of the allegation(09.08.2017)
Appellant seeks to overturn judgment rendered by High Court thereby affirming his conviction passed by Trial Court under Section 13(1)(e) read with Se.....
Tags : Conviction, Legality, Proof, Burden
When evidence of eye witnesses is credible and trustworthy, medical opinion pointing to alternative possibilities cannot be accepted as conclusive(03.08.2017)
Appeals have been filed against common judgment passed by the High Court, whereby order of conviction and sentence passed by trial Court, for offences.....
Tags : Conviction, Validity
Testimony of an injured accused and his deposition has to be relied upon(04.08.2017)
In the facts of present case, Appellant has been charged under Section 307/34 of Indian Penal Code, 1860 (IPC) for causing gunshot injury to PW-2 by a.....
Tags : Conviction, Legality, Evidence, Credibility
Orissa HC Quashes Land Acquisition Notifications of Balangir District Collector(19.05.2016)
Orissa HC has quashed the land acquisition notifications of Balangir district Collector for acquisition of 272 acres of land in Bijkati village for th.....
Tags : Orissa HC, Balangir district Collector
Bombay HC Rejects Review Petition Filed by Victoria Owners(04.04.2017)
Bombay High Court has dismissed the review petition filed by horse carriage owners calling for the Victoria ban to be overturned.
Tags : Bombay High Court, Victoria Ban
TRUSTS & SOCIETIES - Gujarat HC Stays Anandiben Patel's Appointment as Trustee of Education Trust(28.03.2019)
Gujarat High Court has stayed an order of the Ahmedabad charity commissioner by which former Chief Minister Anandiben Patel, who is presently the Gove.....
Tags : Gujarat High Court, Anandiben Patel, Palanpur, Banaskantha District
Pay Rent to Those Evicted from Homes Near Water Pipeline: Bombay HC(04.04.2019)
Bombay High Court has directed Maharashtra Government to pay Rs. 15,000 per month as rent to people who were rendered homeless after their dwellings, .....
Tags : Bombay High Court, Rent to Those Evicted from Homes Near Water Pipeline
SC: HC in Exercise of Writ Jurisdiction Can Pass Order Interdicting Legal Fiction(20.03.2020)
Supreme Court has observed that the High Court in the exercise of jurisdiction under Article 226 of the Constitution of India, 1949 can pass an order .....
Tags : Supreme Court, Legal Fiction
Madras High Court Restricts All Protests Until Pandemic Threat Abates(23.03.2020)
Madras High Court has ordered against the conduct of any protests/processions/ demonstrations, etc. till the threat of Covid-19 Pandemic abates.
Tags : Madras High Court, Restriction on Protests
Interest claimed is taken into consideration for purpose of deciding pecuniary jurisdiction of Commission(29.08.2016)
Flat Buyers Agreement executed and booking made by Complainants. Possession of flat was not offered to complainant within 27 months from execution of .....
Tags : Service, Deficiency, Compensation, Pecuniary Jurisdiction
Burden is on accused to prove facts which is within his knowledge(06.07.2017)
Appellant in present appeal is sole accused in Sessions Case, on file of Sessions Judge. He stood charged for an offence under Section 302 of Indian P.....
Tags : Conviction, Sentence, Validity
Supreme Court need not re-appreciate evidence while affirming the judgments of Courts below in criminal cases(16.11.2017)
In facts of present case, the Animal Husbandry Officer, received information that wrongful withdrawal of treasury bills was being made. He constituted.....
Tags : Conviction, Re-appreciation, Evidence
When there are strong circumstances proving the guilty, absence of evidence on motive cannot be a circumstance for discarding the evidence(20.11.2017)
The Appellant is convicted for the offence punishable under Section 302 of Indian Penal Code, 1860 (IPC) and he is sentenced to suffer imprisonment fo.....
Tags : Conviction, Legality, Circumstantial Evidence
Bombay HC Suspends Jail Term of 2002 Blasts Convict(11.08.2016)
Bombay HC has suspended 10-year jail term of Atif Mulla, convicted under the Prevention of Terrorism Act (POTA) for his role in the series of blasts t.....
Tags : Bombay HC, Atif Mulla, 2002 Blasts Convict
Chhattisgarh HC: Dispute Must Be Adjudicated at Place Mentioned In ‘Exclusive Jurisdiction’ Clause(24.05.2017)
Chhattisgarh High Court has held that under ‘exclusive jurisdiction’ clause in arbitration agreement, dispute is to be adjudicated at the place mentio.....
Tags : Chhattisgarh High Court, Exclusive Jurisdiction
Supreme Court Allows Serving Judicial Officers to Appear for District Judges Examination(25.05.2017)
Supreme Court dealing with eligibility of serving judicial officers to apply for direct recruitment as District Judges, has issued notice, and permitt.....
Tags : Supreme Court, District Judges Examination
Allahabad HC Suspends Sentence of Two Murder Convicts Amidst COVID-19 Outbreak(01.04.2020)
Allahabad High Court has temporarily suspended the sentence of two murder convicts on their susceptibility to contracting an infection, amidst the out.....
Tags : Allahabad High Court, Sentence Suspension of Murder Convicts
Sikkim HC Disposes PIL Which Raised Issues Arising Out of COVID-19 Restrictions(03.04.2020)
Sikkim High Court has dismissed a Public Interest Litigation which has raised several issues arising out of restrictions imposed by the State in the w.....
Tags : Sikkim High Court, Issues Arising Out of COVID-19 Restrictions
Bombay HC: Release of Accused/Convict Breaching Lockdown Not 'Extremely Urgent' Matter(06.04.2020)
Bombay High Court has rejected two bail applications, observing that release of an accused or a convict in 'breach of the lockdown order' and at the c.....
Tags : Bombay High Court, Release of Accused/Convict Breaching Lockdown
SC: HC Can Only Exercise Jurisdiction Over State of Which It is the High Court(06.04.2020)
Supreme Court has observed that the jurisdiction of a High Court is limited to the territorial jurisdiction of the States of which it is the High Cour.....
Tags : Supreme Court, Jurisdiction of High Courts
Delhi High Court refusal to interfere in ‘odd-even’(11.01.2016)
In most other decisions the High Court’s refusal to interfere with government policy on its merits and possible alternatives may seem mundane, but it .....
Tags : Delhi, odd-even, vehicle restriction
Parties to an arbitration agreement have autonomy to decide on both procedural and substantive law(15.12.2016)
In instant case, Parties entered into a contract and disputes arose between them. Contract contained an arbitration Clause and Centrotrade invoked it......
Tags : Arbitration, Procedure, Jurisdiction
Pure finding of fact based on appreciation of evidence not to be interfered with, in exercise of jurisdiction(11.12.2017)
Instant appeal has been filed against the judgment of High Court by which judgment High Court has allowed the Revision and set aside the order passed .....
Tags : Eviction, Rent, Recovery
Conviction Upheld by Bombay High Court 13 years After MTNL Employee Took Rs-500 Bribe(06.08.2015)
Bombay High Court has upheld the conviction of an MTNL employee who had taken the money from a phone booth owner for reducing his bank guarantee amoun.....
Tags : Bombay High Court, Conviction, MTNL, Bribe
Delhi HC: Expedite Relief for Hashimpura Massacre Victims(16.08.2016)
Delhi HC has asked Uttar Pradesh Government to place on record all available documents about the extra judicial killings in Hashimpura.
Tags : Delhi HC, Hashimpura Massacre Victims
Kerala HC Sets Aside Decision To Increase District Judges’ Cadre Strength(05.06.2017)
Kerala High Court has set aside decision of its administrative committee to increase cadre strength of District and Sessions Judges in State.
Tags : Kerala High Court, District Judges
Kerala HC Seeks Govt Explanation on Foreign Jurisdiction Clause and Lack of Law Dept Sanction(21.04.2020)
Kerala High Court has sought explanation from the Kerala Government on the foreign jurisdiction clause in the contract with United States-company Spri.....
Tags : Kerala High Court, Foreign Jurisdiction Clause
Delhi HC: Prior Use in One Jurisdiction Would Not Entitle User to Exclusive Rights in Other Dominion(23.04.2020)
Delhi High Court has denied interim injunction in an Application wherein the Plaintiff, while not having business operations in India could also not p.....
Tags : Delhi High Court, Goodwill in One Jurisdiction
Delhi HC Temporarily Suspends Sentence of Man Convicted for Sexual Assault of Minor(23.04.2020)
Delhi High Court has granted interim suspension of sentence to a man convicted and sentenced for 10 years of imprisonment for committing sexual assaul.....
Tags : Delhi High Court, Man Convicted for Sexual Assault of Minor
Calcutta HC to Observe Restrictive Functioning Until May 15(27.04.2020)
Calcutta High Court has decided that the order of suspension of regular works of the High Court as well as its Circuit Benches and the Subordinate Cou.....
Tags : Calcutta High Court, Restrictive Functioning
Jurisdiction vested where cheque delivered for collection(24.11.2015)
The Supreme Court accepted the explanation that pursuant to the Negotiable Instruments (Amendment) Second Ordinance, 2015, “the place where a cheque i.....
Tags : Dishonoured cheque, jurisdiction, collection, drawee
Civil suit would be triable by the Civil Court; Arbitrator has no jurisdiction to decide the eviction/rent disputes(12.10.2017)
Present appeal is filed by the Defendant against the final judgment passed by the High Court of Delhi at New Delhi whereby the High Court dismissed th.....
Tags : Eviction, Application, Maintainability
Question with regard to juvenility can be raised at any time either during trial or during pendency of the appeal or revision or in any other proceeding pending in any Court of law(11.10.2017)
Present is an appeal under Section 374 of the Code of Criminal Procedure, 1973 filed by the convicts (Appellants) assailing the judgment and order of .....
Tags : Conviction, Legality, Juvenility Plea
Statement of a person recorded by officers of NCB or CBN after arrest of such person is inadmissible in evidence(10.10.2017)
The instant appeal has been preferred by the accused Appellant being aggrieved of the judgment passed by the learned Special Judge, whereby, the Appel.....
Tags : Conviction, Statement, Admissibility
Once Session judge has found that order of authority is not accordance with law, then that order cannot be quashed(28.10.2017)
In the instant petition, the Petitioner has assailed the validity of the order passed by Additional Sessions Judge, whereby the order passed by Petiti.....
Tags : Proceedings, Legality, Supervisory jurisdiction
Warner Music Group Loses Copyright over ‘Happy Birthday to You’ Song(24.09.2015)
United States District Court in Los Angeles has held that long claimed copyright on “Happy Birth day to You,“ the most popular tune in the English lan.....
Tags : ‘Happy Birthday to You’ Song,United States District Court,Warner Music Group
Supreme Court Frees Murder Convict Who Served More Than 29 Years in Jail(17.10.2018)
Supreme Court has allowed a plea of premature release and ordered the release of a murder convict who served more than 29 years in jail.
Tags : Supreme Court, Murder Convict
Bombay HC Rejects Bail Plea of Youth Who Posted Obscene Pictures for Fifth Time(22.10.2018)
Bombay High Court has rejected the bail application of a 27-year-old call centre employee from Nashik who was accused of posting videos and pictures o.....
Tags : Bombay High Court,Obscene Pictures
Rajya Sabha Passes Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019(07.08.2019)
Rajya Sabha has passed the Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019. The Bill aims at the speedy eviction of unauthor.....
Tags : Rajya Sabha, Public Premises (Eviction of Unauthorised Occupants) Amendment Bill, 2019
Apex Court: Victim has Right to Help Court in Trial Before Magistrate(08.08.2019)
Apex Court has observed that though the Magistrate is not bound to grant consent to a victim to conduct prosecution at the mere asking but the victim .....
Tags : Apex Court, Victim
BCI Extends Deadline to Furnish Details of Advocates Registered with District Bar Associations(11.08.2020)
Bar Council of India has extended the deadline for submission of details of all practising Advocates registered with the concerned District and Taluka.....
Tags : Bar Council of India, Details of Advocates Registered with District Bar Associations
P&H HC Imposes Cost on Plea Filed Without Territorial Jurisdiction to Gain Benefit of Interim Order(13.08.2020)
Punjab and Haryana High Court has imposed costs of Rs. 1,00,000/- on the Directors of a Mumbai-based company, who had appeared before it against disqu.....
Tags : Punjab and Haryana High Court, Plea Filed Without Territorial Jurisdiction
A moral opinion howsoever strong or genuine cannot be a substitute for legal proof(04.01.2018)
The Appellant faced trial and convicted for offences punishable under Sections 498-A/302 of the Indian Penal Code,1860 (IPC) on the accusation that he.....
Tags : Conviction, Evidence, Credibility
Rajasthan HC: Disclosure of Rape Victim’s Name in Judgment Doesn’t Allow Disclosure of Same in Media(17.07.2017)
Rajasthan High Court has refused to quash charges levied against a few journalists for disclosing name of a rape victim, refusing to accept their cont.....
Tags : Rajasthan High Court, Rape Victim
Delhi HC Asks LG to Decide on Katara Convict’s Plea(04.05.2020)
Delhi High Court has asked lieutenant governor to treat parole plea of Vishal Yadav, who is serving life term for killing business executive Nitish Ka.....
Tags : Delhi High Court, Katara Convict
Allahabad HC Quashes Order Disengaging District Government Counsels(04.05.2020)
Allahabad High Court has quashed several Government Orders disengaging the District Government Counsels in the State.
Tags : Allahabad High Court, Disengaging District Government Counsels
Delhi HC Extends Restrictive Functioning Till May 17(04.05.2020)
Delhi High Court has decided to continue with its restricted functioning till 17th May, 2020 in view of the extension of the nationwide lockdown.
Tags : Delhi High Court, Restrictive Functioning
Madhya Pradesh HC to Continue Restrictive Functioning Till May 17(04.05.2020)
Madhya Pradesh High Court has extended the period of suspension of regular court work and has announced that only urgent matters will be heard via vid.....
Tags : Madhya Pradesh High Court, Restrictive Functioning
Orissa HC & Subordinate Courts to Continue Restrictive Functioning Till May 17(04.05.2020)
Orissa High Court has intimated that normal working of the High Court as well as the courts subordinate to it will further remain suspended till 17th .....
Tags : Orissa High Court, Restrictive Functioning
SC: Accused Can Challenge Conviction in Appeal Even if Formal Appeal Not Preferred(07.05.2020)
Supreme Court has observed that an accused can challenge the finding and order of conviction in the appeal filed by the State, even though he had not .....
Tags : Supreme Court, Challenge to Conviction
Kerala HC: Allow Entry Without Necessary Entry Passes at Walayar Checkpost(11.05.2020)
Kerala High Court has directed the Kerala Government to allow the entry of persons who got stranded at Walayar checkpost without the necessary 'entry .....
Tags : Kerala High Court, Entry Restrictions
Madras High Court Cancels Conviction of two in a Murder Case(15.10.2015)
Madras HC has acquitted two in case filed against them on charges of abducting a married woman for ransom and subsequently murdering her after relievi.....
Tags : Madras HC , Cancels Conviction
Delhi HC Nods for Free Care for Accident Victim(23.10.2015)
Delhi HC on plea of road accident victim's wife, seeking free treatment from government hospital of her husband, has directed Maharaja Agrasen Hospita.....
Tags : Delhi HC , Accident Victim
Tenant Can’t Be Evicted On Ground Of ‘Change Of User’ Sans Negative Covenant: SC(20.09.2018)
SC has held that in absence of any negative covenant in lease agreement restricting the tenant to run business only relating to the purpose for which .....
Tags : Supreme Court, Tenant, Eviction
Bombay High Court: Adult Victim Rescued from Trafficking Cannot be Forced to Live in Correction Home(16.07.2019)
Bombay High Court has held while ordering the release of a 22-year-old woman that the woman had been rescued with eleven others during a raid conducte.....
Tags : Bombay High Court, Adult Victim. Trafficking
SC: When Conviction by Lower Court Was Not Granted, High Court Cannot Can’t Convict Accused(19.07.2019)
Supreme Court has noted that when the trial court conviction under Section 498A of Indian Penal Code, 1860 was not for the demand of dowry the High Co.....
Tags : SC, Conviction
Orissa HC Releases on Bail Man Accused of Rape of Minor Upon Marriage to Victim(28.07.2020)
Orissa High Court has granted bail to a man accused of rape of a minor, noting his submission that while availing interim bail, he has married the sur.....
Tags : Orissa High Court, Bail to Man Accused of Rape of Minor on Marriage of Victim
No bar on Police Chief to appoint officer for investigation outside territorial jurisdiction(04.03.2016)
The State Police Chief or Director General of Police is empowered to appoint a superior officer to investigate a crime case registered outside the ter.....
Tags : police, appointment, officer, territorial jurisdiction
Court has to consider effect of subsequent development on bona fide need of landlord(07.02.2017)
Instant appeal by way of special leave is preferred against order passed by High Court wherein High Court affirmed order passed by Additional District.....
Tags : Eviction, Bonafide need, Entitlement
Retrial cannot be ordered, when there is a mere irregularity or where it does not cause any prejudice(23.01.2018)
Instant appeal arises out of the judgment passed by Kerala High Court allowing Criminal Revision Petition preferred by Respondent No. 1 thereby settin.....
Tags : Conviction, Validity, Retrial
Delhi High Court To AAP Government: List Out Benefits for Acid Attack Victims(30.08.2017)
Delhi High Court has asked AAP government to list out the benefits available to acid attack victims under its various schemes to ensure that the suffe.....
Tags : Delhi High Court, Acid Attack Victims
US District Court Denies Mahindra Motion for Injunction in Infringement Case(08.10.2018)
A US District Court in Michigan has denied the Mahindra’s motion for a preliminary injunction that would have prevented Fiat Chrysler Automobiles (FCA.....
Tags : Michigan District Court, Mahindra
Litigant Can’t Take Contradictory Stands in Same Case: Supreme Court(09.10.2018)
Supreme Court, while dismissing an appeal against Gujarat High Court order has observed that recitals in the order sheet with regard to what transpire.....
Tags : Supreme Court, Contradictory Stands
Shoppers Stop Summoned by District Consumer Forum(13.08.2019)
District Consumer Dispute Redressal Forum, Delhi has summoned Department store, Shoppers Stop over a complaint filed against it for charging a custome.....
Tags : District Consumer Forum, Shoppers Stop
Apex Court Explains High Court Cannot Reappreciate Evidence While Exercising Revisional Jurisdiction(14.08.2019)
Apex Court has explained that the High Court cannot reappreciate evidence while exercising revisional jurisdiction under Section 20 of the Kerala Buil.....
Tags : Apex Court, Jurisdiction
Bombay HC: Deceased Victim's Salary Cannot be Evaluated on Ground that Victim was Brilliant Student(19.08.2019)
Bombay High Court has ruled that merely because the victim in a motor accident case was a brilliant student his salary cannot be assessed as exemplary.....
Tags : Bombay HC, Victim
SC: Central Govt. has Authority to Impose 'Quantitative Restrictions' on Import(27.08.2020)
Supreme Court has observed that the Central Government has the authority to impose quantitative restrictions by an order under Section 3(2) of the For.....
Tags : Supreme Court, Quantitative Restrictions on Import
Power to punish for contempt vested in a Court of Record does not extend to punishing for contempt of superior Court(02.01.2017)
In present appeals, Appellants called in question the correctness of an order passed by a Division Bench of High Court of Delhi whereby Appellants hav.....
Tags : Proceedings, Suo-motu, Contempt, Jurisdiction
Validity of a decree can be challenged before an executing court only on ground of an inherent lack of jurisdiction which renders the decree a nullity(15.12.2017)
In 2002, a suit was instituted by the Respondents for a permanent injunction, alleging that the Defendants to the suit were threatening to interfere w.....
Tags : Decree, Execution, Jurisdiction
Mere presence of a knife on Appellant cannot impute pre-meditation on his part(23.12.2017)
The Appellant has impugned the judgment and the order on sentence passed by learned Additional Sessions Judge, whereby he has been convicted for commi.....
Tags : Conviction, Legality, Offence, Nature
Presumption under Section 306 of IPC operates only when there was cruelty or harassment, soon before committal of suicide(05.01.2017)
The Appellant had been convicted for the offences under Sections 302 read with 34, 304-B, 306 and 498 A of the Indian Penal Code, 1860 (IPC). The Firs.....
Tags : Cruelty, Conviction, Legality
Where more than one court has jurisdiction, it is open for parties to exclude all other Courts(07.02.2018)
The Respondent No. 1 floated a notice inviting tender for the civil and electrical work of Super Specialty Hospital, wherein several bids were invited.....
Tags : Jurisdiction, Seat, Determination
SC Suspends Allahabad HC’s Decision On Compulsory Retirement Of A District Judge(25.10.2017)
Supreme Court has suspended the decision of Allahabad High Court based on the Screening Committee recommendations against an Additional District Judge.....
Tags : Supreme Court, District Judge
Benefit of Any Doubt in Age of Victim Goes to Accused: Delhi High Court(30.11.2018)
Delhi High Court has asserted that the benefit of any doubt in the age of the victim needs to go to the accused.
Tags : Delhi High Court, Age of Victim
Madras HC Grants Two Weeks’ Parole to Life Convict for Conjugal Visit(03.12.2018)
Madras High Court has granted two weeks’ parole to a life convict for the purpose of conjugal visit and also observed conjugal visits for prisoners le.....
Tags : Madras High Court, Parole to Life Convict
Kerala High Court: Individual Partner Cannot Claim Eviction on Ground for his Occupation of Building(22.10.2019)
Kerala High Court has ruled that an individual partner cannot claim eviction on the ground of bonafide need for his or her occupation of the building .....
Tags : Kerala High Court, Eviction
Delhi High Court Issues Notice to NDMC on Wrongful Eviction of Street Vendors(25.10.2019)
Delhi High Court has issued notice to the New Delhi Municipal Corporation and the SHO Connaught Place Police Station in a public interest litigation c.....
Tags : Delhi High Court, Eviction
MP HC Denies Anticipatory Bail to Man Accused of Posting Vulgar Pictures of Dr. Mohan Bhagwat(06.11.2020)
Madhya Pradesh High Court has denied to grant the benefit of Anticipatory Bail to a man accused of posting the vulgar photograph of the Rashtriya Sway.....
Tags : Madhya Pradesh High Court, Man Accused of Posting Vulgar Pictures of Dr. Mohan Bhagwat
MP HC: Disclosure of Details of Victim to Media is a Violation of Article 21(06.11.2020)
Madhya Pradesh High Court has held that production of victims and suspects before the media, as well as disclosure of personal information of the susp.....
Tags : Madhya Pradesh High Court, Disclosure of Details of Victim to Media
SC Suugests Contempt Case against Hospital, if not Giving Free Treatment to Acid Attack Victims(25.11.2015)
SC on being informed that private hospitals were not giving free treatment to victims of acid attack, has suggested to an NGO to file a contempt case .....
Tags : SC, Acid Attack Victims
Kerala HC Dismisses Plea for Constituting Tribunal for Endosulfan Victims in Kasaragod(26.11.2015)
Kerala High Court has dismissed a plea to constitute a tribunal for identifying endosulfan victims in Kasaragod district and payment of compensation t.....
Tags : Kerala High Court, endosulfan victims
SC to Govt.: Why Shouldn't a Stray Dog Victim be Given Compensation?(30.11.2015)
Supreme Court while concerning over children who were being bitten by stray dogs, has asked Centre why should Government not be directed to pay comp.....
Tags : Supreme Court, Stray Dog Victim
Bombay HC Confirms Life Imprisonment or 23 Convicts in Murder Case(01.12.2015)
Bombay High Court has confirmed life imprisonment for 23 convicts who belong to Nationalist Congress Party (NCP), convicted for murder of three perso.....
Tags : Bombay High Court , life imprisonment for 23 convicts
Bombay HC Directs RBI to Issue Payment of Salaries of Aided School Teachers(06.12.2016)
Bombay High Court has asked RBI to consider issue of payment of salaries to aided school teachers since it is disbursed through District Cooperative B.....
Tags : Bombay HC, District Cooperative Banks, salaries
Gujarat HC: Spouse of Nationalised Banks Entitled for Inter-District Transfer Benefits(07.12.2016)
Gujarat High Court has held that a government employee, who is spouse of a nationalized bank employee, is entitled to inter-district transfer to place.....
Tags : Gujarat High Court, nationalized bank, employee, inter-district transfer
Karnataka HC Asks State Govt to Come Out with Better Rehabilitation Scheme for People Evicted(28.09.2020)
Karnataka High Court has directed the State government to come out with a 'better scheme' for rehabilitation of those evicted persons from Kariyammana.....
Tags : Karnataka High Court, Rehabilitation Scheme for People Evicted
Social interest and conscience of the society is to be kept in mind while exercising the discretion pertaining to awarding of sentence(27.02.2017)
In present case, on basis of statement of injured, an FIR under Sections 448 and 307 of Indian Penal Code, 1860 (IPC) was registered at police station.....
Tags : Conviction, Sentence, Quantum
An amendment which affects vested rights is prospective in nature unless legislature makes it retrospective expressly or by necessary implication(08.03.2018)
The Petitioners were held guilty of manufacturing/sale of spurious and mis-branded drugs. Consequently, sentence of RI for three years was imposed und.....
Tags : Conviction, Validity, Trial, Delay
Gujarat HC Issues Notice to Anand Municipality, District Collector over Stray Cattle, Dog Menace(14.01.2016)
Gujarat HC has issued notice to Anand Municipality, District Collector and sought reply over measures undertaken to curb cattle menace and to control .....
Tags : Gujarat HC , Anand Municipality, District Collector
Supreme Court: Judge Can’t Close Criminal Case by Simply Recording Its End Results(09.01.2017)
Supreme Court, while maintaining that accused are “not lone receivers of justice” and that victims of a crime must be treated equally, has ruled that .....
Tags : Supreme Court, criminal case, justice, accused, victim
Media can't Identify Sex Assault Victims, Even Dead: Supreme Court(13.12.2018)
Supreme Court has barred media organisations and law-enforcement agencies from revealing the identity of sexual assault victims, even if they are dead.....
Tags : Supreme Court, Identity of Sex Assault Victims
Serving Judicial Officers can’t Participate in District Judge Selection Meant for Lawyers: Orissa HC(18.12.2018)
Orissa High Court has observed that serving judicial officers cannot participate in the selection process of the direct recruitment meant for lawyers .....
Tags : Orissa High Court, District Judge Selection
Original Owner Liable to Pay Accident Victim: Supreme Court(21.12.2018)
Supreme Court has ruled that the owner of a vehicle who transfers it to another person is also liable to pay compensation in case of an accident unles.....
Tags : Supreme Court, Accident Victim
SC: State’s Nod Must for Centre to Extend CBI Jurisdiction(19.11.2020)
Supreme Court has said that the provision making the state government’s consent mandatory for a Central Bureau of India probe in their respective juri.....
Tags : Supreme Court, CBI Jurisdiction
Court cannot draw adverse inference against accused by invoking Section 106 of Evidence Act unless basic burden to prove the case is discharged by prosecution(15.01.2018)
The Appellant has assailed the judgment of conviction awarded by the Sessions Judge, for the offence punishable under Section 302 of the Indian Penal .....
Tags : Conviction, Validity, Burden, Discharge
Delhi High Court has Jurisdiction on Case of Any State(10.10.2019)
Delhi High Court has directed the Union Jalshakti Ministry to consider the Writ Petition on illegalities and corruption in execution of the under-cons.....
Tags : Delhi High Court, Jurisdiction
Bombay High Court: Mumbai Court has Jurisdiction to Try US Domestic Violence Complaint(14.10.2019)
Bombay High Court has rejected a plea by a US-based IT professional that if an incident of domestic violence has occurred in the United States a magis.....
Tags : Bombay High Court, Jurisdiction
SC Upholds Rejection of Candidature of District Judge Aspirant(14.10.2020)
Supreme Court has dismissed plea of a District Judge aspirant whose candidature was on the ground of pendency of a criminal case under Section 498A of.....
Tags : Supreme Court, Rejection of Candidature of District Judge Aspirant
MP HC: Can't Issue Blanket Order to Restrict Circulation of News on Whatsapp, Facebook Etc.(19.10.2020)
Madhya Pradesh High Court has refused to put a blanket order to restrict the circulation of news on WhatsApp, Facebook etc.
Tags : Madhya Pradesh High Court, Restrict Circulation of News on Whatsapp, Facebook Etc.
SC: Conviction Can Be Based on Sole Testimony of Victim If Reliable and Trustworthy(19.10.2020)
Supreme Court has reiterated that there can be a conviction based on the sole testimony of the sexual assault victim if she is found to be reliable an.....
Tags : Supreme Court, Conviction Based on Testimony of Victim
Kerala HC Grants Certificate for Appeal to SC While Quashing Appointment of District Judge(20.10.2020)
Kerala High Court has upheld a judgment setting aside the appointment of a District Judge on the ground that, at the time of issuing the order of appo.....
Tags : Kerala High Court, Appointment of District Judge
Supreme Court Explains Civil Suit Objecting Jurisdiction of Arbitrator not Valid(26.08.2019)
Supreme Court has explained that a suit for injunction and declaration challenging the jurisdiction of arbitrator is not valid. The Court observed tha.....
Tags : Supreme Court, Jurisdiction
SC: Evidence that Offence was Committed Just Because Victim was SC/ST Essential to Sustain Conviction(28.08.2019)
Supreme Court has ruled in order to sustain conviction under Section 3(2) (v) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1.....
Tags : SC, ST, Conviction
P & H High Court: Comfort of Lawyer No Basis for Transferring Petition to Another Jurisdiction(29.08.2019)
Punjab and Haryana High Court has observed while declining a request for transfer of a divorce petition that the Court was not liable to see the conve.....
Tags : P & H High Court, Jurisdiction
Delhi HC Stays Payment of Compensation to Family of Youth Who Rammed Bike into Barricades(10.09.2020)
Delhi High Court has put on hold payment of Rs 75 Lakhs compensation to the family of a youth who rammed his bike into chained barricades and is curre.....
Tags : Delhi High Court, Compensation to Accident Victim
Calcutta HC: COVID-19 Victims Have Right to Decent Burial as Per Religion(17.09.2020)
Calcutta High Court has ruled that the immediate family members of Covid-19 victims be permitted to perform the funeral rites of the deceased as per r.....
Tags : Calcutta High Court, Burial of COVID Victims
Benefit of any alternate hypothesis which is reasonably discernible from record must necessarily be given to the accused(25.01.2018)
The Appellant seeks to assail the judgment rendered by the learned Ad-hoc Additional Sessions Judge, by and under which, the Appellant is convicted fo.....
Tags : Conviction, Evidence, Credibility
CRIMINAL - Madras HC Sets Free HIV+ Man Convicted for Fraud(05.03.2019)
Madras High Court has granted liberty to a man who was convicted and sentenced to one month of imprisonment for swindling public money from a co-opera.....
Tags : Madras High Court, HIV+ Man Convicted for Fraud
Gauhati High Court Orders Eviction of Non-Tribals, Others ‘Ineligible’ from Tribal Belts(02.01.2020)
Gauhati High Court has ordered the eviction of non-tribals and others who are not eligible to hold possession of land in the tribal belts and blocks o.....
Tags : Gauhati High Court, Eviction
Karnataka High Court Refuses Further Time to Govt for Appointing Prosecutors in District Courts(06.01.2020)
Karnataka High Court has refused grant of extensions to the State Government for filling up vacant positions of Public Prosecutors, Senior Assistant P.....
Tags : Karnataka High Court, District Courts
Supreme Court Asks J & K Administration to Review All Restrictive Orders Within Seven Days(10.01.2020)
Supreme Court has directed the Jammu and Kashmir Administration to review all orders of restrictions imposed in Jammu and Kashmir after the abrogation.....
Tags : Supreme Court, Restrictive Orders
Delhi HC: Parents of Dead Accident Victim to be Treated as Dependants for Compensation(15.01.2021)
Delhi High Court has held that parents of a dead accident victim are to be treated as dependants to award compensation. The Court has clarified that l.....
Tags : Delhi High Court, Parents of Dead Accident Victim
Supervisory jurisdiction would be exercised only in a case where order has been passed in flagrant violation of principles of natural justice or if same will result in miscarriage of justice(26.03.2018)
In instant petition filed under Section 104 of Constitution of Jammu and Kashmir read with Article 227 of Constitution of India, the Petitioner has as.....
Tags : Amount, Recovery, Supervisory jurisdiction, Invoking of
Rape Victim's Evidence Stands on Higher Pedestal Than That of Injured Witness: Bombay HC(11.02.2019)
Bombay High Court has acquitted a man convicted of raping his 15-year-old student who took tuition from him and also held that a rape victim's evidenc.....
Tags : Bombay High Court, Rape Victim's Evidence Stands on Higher Pedestal
Madras HC Asks for Details from Centre on Indians 'Victimised' Overseas(13.02.2019)
Madras High Court has directed Centre to apprise it of steps taken to ensure safety and well-being of Indians abroad and asked whether it has taken ef.....
Tags : Madras High Court, Indians victimised overseas
Delhi High Court Junks Plea to Replace Delhi Police with CISF in District Courts(26.12.2019)
Delhi High Court has observed that the existing security system at the district courts provided by police was "sufficient enough" to protect visitors .....
Tags : Delhi High Court, District Courts
J&K HC: Minor Rape Victims Entitled to Receive Detailed Information of Proceedings(29.12.2020)
Jammu and Kashmir High Court has held that minor rape victims are entitled to receive most appropriate information of the proceedings which would incl.....
Tags : Jammu and Kashmir High Court, Minor Rape Victims
Allahabad HC: Writ Jurisdiction for FIR Can’t be Invoked Without Availing Statutory Remedies(06.01.2021)
Allahabad High Court has observed that informants/ complainants should not directly invoke the writ jurisdiction of the High Court for direction to th.....
Tags : Allahabad High Court, Writ Jurisdiction of FIR
Circumstances must be proved which unerringly points out finger towards the accused and none else(25.04.2018)
Appellants assailed the judgment by which Appellants are convicted for the offences punishable under Sections 302, 109, 120-B, read with Section 34 o.....
Tags : Conviction, Validity, Circumstantial evidence
Condition of building is not so essential. If it is shown that building is bona fide required by landlord for immediate purpose of demolition, eviction could be ordered(25.04.2018)
Aggrieved by the order reversing the order of eviction passed by the Rent Controller, Petitioners, who are trustees of Sri Mouna Swamigal Madam, also .....
Tags : Eviction, Bonafide need, Grant
CIVIL - Lack of Parental Care One of the Reasons for Child's Addiction to Online Video Games: Kerala HC(22.03.2019)
Kerala High Court has observed that lack of parental care is perhaps one of the reasons for child getting addicted to online games, while dealing with.....
Tags : Kerala High Court, Addiction to Online Video Games
CONSTITUTION - Statutory Regulation on Private Bodies Does Not Make Them Subject To Writ Jurisdiction: SC(27.03.2019)
Supreme Court has observed that mere regulation by a statute on a private body cannot be conclusive of whether it discharges a public function, to hol.....
Tags : Supreme Court, writ jurisdiction
CRIMINAL - SC Sets Aside Concurrent Conviction in a Rape Case(27.03.2019)
Supreme Court while acquitting a man who faced concurrent conviction in a rape case has noted that prosecutrix was in the habit of making such complai.....
Tags : Supreme Court, concurrent conviction
SC: Writ Jurisdiction in Election Matters Not Appropriate Where Alternative Machinery Available(17.02.2020)
Supreme Court has held that once alternate machinery is provided by the statute, the recourse to writ jurisdiction in matters related to elections is .....
Tags : Supreme Court, Writ Jurisdiction in Election Matters
SC: High Courts Not Precluded from Entertaining Writ Petitions Even if Disputed Questions of Facts(17.02.2020)
Supreme Court has observed that a High Court is not precluded from entertaining a writ Petition under Article 226 of the Constitution of India, 1949 e.....
Tags : Supreme Court, High Courts Jurisdiction Where Disputed Questions of Fact
Delhi HC Seeks Response on Plea Against Differential Compensation for Major & Minor Riots Victims(03.03.2021)
Delhi High Court has sought response from the Delhi government on its scheme for compensation of Delhi riots' victims, which has been alleged to be di.....
Tags : Delhi High Court, Compensation for Riots Victims
FIR need not contain an exhaustive account of the incident(04.07.2018)
The judgment and order of conviction passed by the High Court, relating to the conviction of the Appellant, is the subject matter of present appeal. B.....
Tags : Unlawful assembly, Conviction, Validity
Kerala HC Dismisses Plea for Allowing Relatives to Wash Dead Bodies of COVID-19 Victims(23.11.2020)
Kerala High Court has refused to issue any direction to the State Government or the Union Government to overlook its Guidelines (COVID Protocol) and t.....
Tags : Kerala High Court, Dead Bodies of COVID-19 Victims
Bombay HC: NCLT Has No Jurisdiction to Examine Legality of Action Taken Under MPID Act(23.11.2020)
Bombay High Court has held that the National Company Law Tribunal has no jurisdiction to examine the legality or validity of action taken under the Ma.....
Tags : Bombay High Court, National Company Law Tribunal, Jurisdiction
Delhi High Court Rejects Challenge to CBI Appeal Against 2G Verdict(23.11.2020)
Delhi High Court has dismissed pleas challenging the legality of the Central Bureau on Investigation (CBI) appeal against the trial court's 2G verdict.....
Tags : Delhi High Court, CBI Appeal Against 2G Verdict
Rajasthan HC Directs Magistrate to Re-Record Statement of Minor Victim(24.11.2020)
Rajasthan High Court has ordered the Judicial Magistrate hearing the Baran rape case to immediately proceed to record the statements of the prosecutri.....
Tags : Rajasthan High Court, Statement of Minor Victim
Delhi HC Accepts Sony’s Plea for Exclusive Rights in India Australia International Cricket Series(25.11.2020)
Delhi High Court has accepted Sony Pictures' Network India Pvt Ltd's plea before it claiming exclusive media rights in the forthcoming India Australia.....
Tags : Delhi High Court, Sony Pictures' Network India Pvt Ltd, India Australia International Cricket Series, 2020
Injured witness’s testimony to not be accepted without scrutiny(03.06.2016)
The Supreme Court cautioned that though an injured witness was “generally reliable”, nonetheless his or her testimony should still be subjected to scr.....
Tags : assault, victim, testimony, scrutiny, contradiction
Prosecution is duty bound to furnish proper explanation to the Court regarding injuries sustained by Accused in course of altercation(11.05.2018)
Present appeal is filed by the present Appellant, aggrieved by the concurrent findings of the Court below, which has upheld the culpability of the Acc.....
Tags : Conviction, Evidence, Credibility
If evidence of an eyewitness, though a close relative of victim, inspires confidence, it must be relied upon(15.05.2018)
Instant appeal is against the judgment passed by the High Court of Jammu and Kashmir. By the said judgment, the High Court reversed the order of acqui.....
Tags : Conviction, Eye-witness, Evidence
No Civil Court can exercise jurisdiction to entertain any suit or proceeding in respect of any matter which a DRT or DRAT is empowered(17.05.2018)
The judgment of the High Court is assailed in instant appeal, whereby the High Court without formally setting aside the order passed by the Debts Reco.....
Tags : Civil court, Jurisdiction, Bar
Heat of passion requires that there must be no time for the passions to cool down(03.05.2018)
The Appellant has filed the present appeal against his conviction and sentence passed by Additional Sessions Judge, convicting him under Section 302 o.....
Tags : Conviction, Validity, Exception, Benefit
SC: District Council Court Can Try Criminal Cases in Where Both Parties Belong to Scheduled Tribe(19.02.2020)
Supreme Court has held that the District Council Courts in Meghalaya have jurisdiction to entertain criminal cases in which both the victim and the ac.....
Tags : Supreme Court, Jurisdiction of District Council Courts in Meghalaya
Supreme Court: Subordinate Judges Cannot Seek Direct Recruitment to Post of District Judges(19.02.2020)
Supreme Court has held that Civil Judges are not eligible to seek direct recruitment to post of District Judges in bar quota. The Court has further he.....
Tags : Supreme Court, Direct Recruitment to Post of District Judges
Meghalaya HC: No Discretion for Governor in Appointments in District Councils in Tribal Areas(19.02.2020)
Meghalaya High Court has held that the Governor of the State does not have any discretion in the matter of appointments to the Executive Committee of .....
Tags : Meghalaya High Court, Discretion of Governor in Appointments in District Councils
Supreme Court Stays Death Warrant Against Rape Convict of 3-Year Old Minor(20.02.2020)
Supreme Court has stayed the death warrant issued against 22-year-old Anil Yadav, convicted for the rape and murder of a 3-year old girl in Surat stat.....
Tags : Supreme Court, Death Warrant Against Rape Convict
Delhi High Court Directs Police to Ensure Safe Passage of Injured Victims to Hospitals(26.02.2020)
Delhi High Court has directed Delhi Police to ensure safe passage to injured victims of riots in North Eastern portions of Delhi by deploying all the .....
Tags : Delhi High Court, Safe Passage of Injured Victims
Bombay HC: When Party Does Not Object to Court's Territorial Jurisdiction, Deemed as Waived(17.03.2021)
Bombay High Court has stated that when an objection to the territorial jurisdiction of a Court is not taken by a party under Section 42 of the Arbitra.....
Tags : Bombay High Court, Objection to Territorial Jurisdiction
Madras HC Restricts Functioning to Two Division Benches & Five Single Benches(24.03.2020)
Madras High Court has restricted its functioning to only two-division benches and five single benches to hear urgent matters for three weeks, starting.....
Tags : Madras High Court, Restrictive Functioning
Delhi HC Directs Expeditious DNA Testing of Bodies of Riot Victims Without Waiting for Court Orders(25.03.2020)
Delhi High Court has directed the Delhi Government not to wait for Court's order before conducting DNA testing of persons killed during the Delhi Riot.....
Tags : Delhi High Court, DNA Testing of Bodies of Riot Victims
Delhi HC: Senior Citizens Needn't Show 'Ill Treatment' to Seek Eviction of Children from Property(27.03.2020)
Delhi High Court has held that senior citizens, who seek eviction of their sons or legal heirs from their property, need not necessarily have to show .....
Tags : Delhi High Court, Eviction of Children from Property
Supreme Court Issues Notice on Pleas for Compensation to Victims of Wrongful Prosecution(23.03.2021)
Supreme Court has issued notice on a Public Interest Litigation filed by advocate and BJP leader Ashwini Kumar Upadhyay, seeking directions to the Cen.....
Tags : Supreme Court, Compensation of Victims of Wrongful Prosecution
Patna HC Directs Government in Plea on Non-Implementation of Schemes for HIV/AIDS Victims(24.03.2021)
Patna High Court has directed the ascertainment of several issues in a plea inviting the attention of the Court towards the non-implementation of the .....
Tags : Patna High Court, Schemes for HIV/AIDS Victims
President of District Consumer Forum does not need High Court recommendation(05.10.2015)
Appointment as President to a District Consumer Forum does not require a recommendation from the High Court, and the selection process is governed by .....
Tags : district, consumer forum, president, district judge
NGT has jurisdiction to deal with substantial question arises out of enforcement of enactments given in Schedule 1 of NGT Act, 2010(01.05.2017)
Applicant after being shocked on reading the news item, reported in Daily Excelsior Jammu dated 17th February, 2016 giving details of transfer made by.....
Tags : Forest land, Transfer, Jurisdiction
No presumption can be absolute; every presumption is rebuttable(25.06.2018)
The Appellant has challenged his conviction under Section 4 of the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Sections 452 .....
Tags : Conviction, Proof, Validity
In a criminal case, resting entirely on circumstantial evidence, all circumstances are required to be proved solidly beyond reasonable doubt(20.07.2018)
The Appellant was convicted by the Additional Sessions Judge, under Section 302 of Indian Penal Code, 1860 (IPC) in Sessions Case and was sentenced to.....
Tags : Conviction, Circumstantial evidence, Credibility
Accused is not conferred with any right to claim test identification parade(02.08.2018)
In instant case, the Accused pleaded not guilty and claimed to have been implicated falsely, therefore, wanted to be tried. At the trial, the prosecut.....
Tags : Conviction, Evidence, Credibility
Uttarakhand HC Issues Guidelines For Rehabilitation of Acid Attack Victims(14.06.2017)
Uttarakhand High Court has issued several directions for rehabilitation of acid attack victims, and for prevention of such instances which include mea.....
Tags : Uttarakhand High Court, Acid Attack Victims
Supreme Court: Single Judge Not Subordinate to Division Bench in Intra-Court Appeal(13.08.2018)
Supreme Court has observed that the single judge of a high court is not subordinate to the division bench of that high court and that they both exerci.....
Tags : Supreme Court, Jurisdiction
No Eviction Order Unless Ground Seeking Eviction is Made Out: Supreme Court(16.08.2018)
Supreme Court has held that, in cases where protection under the Rent Act is available, no eviction can be ordered unless ground seeking eviction is m.....
Tags : Supreme Court, Eviction
Bombay HC: NCLAT Has No Jurisdiction Over Petition Under Arbitration Act(14.04.2021)
Bombay High Court has held that the National Company Law Appellate Tribunal has absolutely no jurisdiction over it in a petition under the Arbitration.....
Tags : Bombay High Court, National Company law Appellate Tribunal, Jurisdiction Over Petition Under Arbitration Act
Delhi HC Directs Centre to File Affidavit Clarifying Stand on Restrictions on Congregations(14.04.2021)
Delhi High Court has directed Solicitor General Tushar Mehta to state on affidavit the stand taken that all religious, political, academic, social, sp.....
Tags : Delhi High Court, Restrictions on Congregations
Delhi HC Seeks Responses on Plea Seeking Details of Wrong Uploaded Photo of Hathras Rape Victim(19.04.2021)
Delhi High Court has sought the responses of the Centre and three social media platforms Facebook, Google and Twitter on a petition seeking details of.....
Tags : Delhi High Court, Details of Wrong Uploaded Photo of Hathras Rape Victim
Delhi HC Denies Bail Despite Possibility of Custodial Violence and Illegal Detention(13.04.2020)
Delhi High Court has refused to grant bail to a person arrested for alleged involvement in violence committed during Delhi Riots. The Court has highli.....
Tags : Delhi High Court, Bail to Delhi Riots Convict
Madras HC to Continue Restricted Functioning Till April 30(14.04.2020)
Madras High Court has decided to extend the period of suspension of regular Court work until 30th April, 2020 in view of the COVID-19 pandemic.
Tags : Madras High Court, Restricted Functioning
Madhya Pradesh HC to Observe Restrictive Functioning Till May 3(15.04.2020)
Madhya Pradesh High Court has extended its restrictive functioning in view of the extension of lockdown till 3rd May, 2020. The Court has stated that .....
Tags : Madhya Pradesh High Court, Restrictive Functioning
Meghalaya HC & Subordinate Courts to Have Restricted Functioning Till May 3(15.04.2020)
Meghalaya High Court has informed that the normal functioning of the High Court and Courts subordinate to it will remain suspended till 3rd May, 2020 .....
Tags : Meghalaya High Court, Restricted Functioning
Delhi HC and Subordinate Courts to Continue Restrictive Functioning Till May 3(16.04.2020)
Delhi High Court has decided to continue with the current mode of restricted functioning of the High Court and the subordinate Courts till 3rd May, 20.....
Tags : Delhi HC, Restrictive Functioning
SC Issues Notice on PIL Seeking Compensation and Rehabilitation of Victims of West Bengal Riots(25.05.2021)
Supreme Court has issued notice on a Public Interest Litigation (PIL) seeking compensation and rehabilitation of the victims of the alleged state spon.....
Tags : Supreme Court, Compensation and Rehabilitation of Victims of West Bengal Riots
P&H HC Issues Interim Order Barring Convicted Cops from Occupying Public Posts(17.03.2021)
Punjab & Haryana High Court has issued an interim order barring charge-sheeted, convicted cops from occupying posts having public dealing. The Court h.....
Tags : Punjab and Haryana High Court, Convicted Cops
Karnataka HC States Modified Restrictions on Road Travel from Kerala are Misconceived(19.03.2021)
Karnataka High Court has observed that the modified order passed by the Deputy Commissioner of Dakshina Kannada regarding restrictions for road travel.....
Tags : Karnataka High Court, Modified Restrictions on Road Travel from Kerala
Allahabad HC Issues Notice on Plea Seeking Re-Allocation of Territorial Jurisdiction(22.03.2021)
Allahabad High Court has issued notice to the Awadh Bar Association on a Public Interest Litigation seeking re-allocation of territorial jurisdiction .....
Tags : Allahabad High Court, Re-Allocation of Territorial Jurisdiction
NCDRC: Provisions for Jurisdiction of Consumer Commissions Not Retrospective in Operation(22.03.2021)
National Consumer Disputes Redressal Commission has held that provisions regarding Jurisdiction of District, State and National Commission under Secti.....
Tags : National Consumer Disputes Redressal Commission, Jurisdiction of Consumer Commissions
Allahabad HC Sets Aside Governor's Order Granting Premature Release of Triple Murder Convict(22.03.2021)
Allahabad High Court has set aside the premature release order in favor of a triple murder convict, underling that the Governor transgressed his juris.....
Tags : Allahabad High Court, Premature Release of Triple Murder Convict
Delhi HC Directs for Reformation and Rehabilitation Plan of POCSO Convict(04.03.2020)
Delhi High Court has directed the Superintendent of Tihar jail to prepare an appropriate rehabilitation programme for the convict under Protection of .....
Tags : Delhi High Court, Reformation and Rehabilitation Plan of POCSO Convict
Delhi HC Denies Relief to Plea Seeking NHRC Inquiry on Torture Against Nirbhaya Convicts(04.03.2020)
Delhi High Court has refused to entertain a plea seeking Court's direction to National Human Rights Commission (NHRC) to conduct an inquiry into the p.....
Tags : Delhi High Court, Nirbhaya Case Convicts
Delhi HC Directs Tihar to Take Decision in Zee Media's Plea Seeking Interview With Nirbhaya Convicts(11.03.2020)
Delhi High Court has directed Tihar authorities to decide on the request in accordance with law and pass a reasoned order by 12th March, 2020 in a ple.....
Tags : Delhi High Court, Interview with Nirbhaya Convicts
Tripura HC: Conviction Only on Presumption Under POCSO Act Would Offend Articles 20(3), 21(05.04.2021)
Tripura High Court has held that the conviction of an accused only on the basis of presumption under sections 29 and 30 of the Protection of Children .....
Tags : Tripura High Court, Conviction Only on Presumption Under POCSO Act
Delhi HC Issues Notice on Plea by Delhi 2020 Riots Victim Seeking Damages(07.04.2021)
Delhi High Court has issued notice on and sought responses of the Centre, Delhi Government and others on a plea by a Delhi 2020 riots victim seeking d.....
Tags : Delhi High Court, Damages to Riots Victim
Consumer Forum Compensates 3 Commuters for Delay of Train(09.04.2021)
District Consumer Disputes Redressal Forum, Thrissur has allowed three railway commuters compensation after their train from Wadakkanchery to Payyanur.....
Tags : District Consumer Disputes Redressal Forum, Delay of Train
Restriction placed on a second marriage would not apply to a case where parties have settled and decided not to pursue the appeal(24.08.2018)
By present appeal, Appellant is impugning the judgment of High Court set aside the judgment of the Family Court and allowed the appeal of the Responde.....
Tags : Second Marriage, Restriction, Pendency, Appeal
Tenant cannot be evicted for defaulting rent without determination Of ‘Provisional Rent’ by Court(21.08.2018)
In instant appeal, The Appellant-Plaintiff is the landlord of the suit premises, whereas the Defendant is the tenant. The Plaintiff filed Suit for evi.....
Tags : Rent, Determination, Eviction
Dying declaration cannot be rejected on hyper technicalities; if it is trustworthy, conviction can be based solely on dying declaration, without any necessity of corroboration(14.08.2018)
By present appeal, the Appellant has challenged judgment passed by the trial Court, whereby she has been convicted under Section 304 Part I of the Ind.....
Tags : Conviction, Legality, Dying declaration
Bombay HC: Legal Heirs of Deceased Convicts Liable to Pay Fine(14.03.2016)
Bombay High Court has held that legal heirs of a deceased convict are liable to pay fines and compensation, imposed by the trial courts, from the prop.....
Tags : Bombay High Court , Legal Heirs of Deceased Convicts
Bombay High Court: ‘Compensating Rape Victims is State’s Duty, Not Charity’(02.03.2017)
Bombay High Court has said that rape victims are not beggars and giving compensation to women victims of crime is the State’s obligation and not chari.....
Tags : Bombay High Court, Rape Victims
Delhi HC Dismisses DDCA’s Objections Against Proposed Articles of Association(26.03.2018)
Delhi High Court has dismissed the objections raised by the Delhi District Cricket Association (DDCA) against amendments to its Articles of Associatio.....
Tags : Delhi High Court, Delhi District Cricket Association
Supreme Court Seeks Reply of 10 States on Rights Violation of Death Row Convicts(02.04.2018)
Supreme Court has sought response from 10 states on the issue of alleged violation of human rights of prisoners on death sentence.
Tags : Supreme Court, Death Row Convicts
SC Directs State to Pay Rs. 50 Lakh Compensation & Provide Govt Job to Gujarat Riot Gang Rape Victim(23.04.2019)
Supreme Court has directed Gujarat Government to pay Rs. 50 lakh compensation and to provide government job to a woman who was gang raped during Gujar.....
Tags : Supreme Court, Gujarat Riot Gang Rape Victim
Need Stricter Rules on Honking, Pandals, Construction Sites: Bombay HC(02.05.2019)
Bombay High Court has directed state to consider and implement suggestions on honking, pandals and construction sites to reduce violation of noise nor.....
Tags : Bombay High Court, Stricter Rules on Honking
Calcutta HC Directs Post-Poll Violence Victims to Approach Relevant Authorities for Filing Complaint(19.05.2021)
Calcutta High Court has directed that if any person has suffered on account of post-poll violence, he shall be at liberty to file a complaint along wi.....
Tags : Calcutta High Court, Post-Poll Violence Victims
Kitchen knife and Sil Batta are sufficiently dangerous weapons, if used on vital parts of a person's body can cause serious damage(30.08.2018)
In present matter, the accused challenges the judgment passed by the trial Court convicting him for the offences under Sections 326 and 342 of Indian .....
Tags : Grievous injury, Conviction, Legality
Delhi HC Seeks Response on Digitisation of District Courts(30.07.2020)
Delhi High Court has sought response from the Finance Secretary of the Delhi Government on the proposals to digitise the District Courts which have be.....
Tags : Delhi High Court, Digitisation of District Courts
Bombay HC Grants Emergency Parole to Murder Convict(31.07.2020)
Bombay High Court has granted emergency parole of 45 days to Asha Tayade, who was convicted of murder and sentenced to life, serving her term at Yerwa.....
Tags : Bombay High Court, Emergency Parole to Murder Convict
Delhi HC and Subordinate Courts to Continue Restrictive Functioning Till August 14(31.07.2020)
Delhi High Court has decided to continue with the current mode of restricted functioning till 14th August, 2020 in light of the extension of the natio.....
Tags : Delhi High Court, Restrictive Functioning
NGT, New Delhi Awards Compensation to Victims of Fire Accident at Achankulam in Virudhunagar(22.06.2021)
National Green Tribunal, New Delhi, has awarded higher compensation of up to Rs. 20 lakh to the victims of a fire accident at Sree Mariyammal Firework.....
Tags : National Green Tribunal, Victims of Fire Accident at Achankulam in Virudhunagar
Bombay HC Asks State to File Affidavits to Deal with 2053 Victims of Unauthorized Vaccination(25.06.2021)
Bombay High Court has asked the State and BMC to file separate affidavits enumerating how they plan to deal with the 2053 victims of unauthorised covi.....
Tags : Bombay High Court, 2053 Victims of Unauthorized Vaccination
Karnataka High Court Eases Restrictions on Entry and Hearing of Cases(28.06.2021)
Karnataka High Court has eased restrictions on entry and hearing of cases in all taluk and district Courts as well as its Principal Bench at Bengaluru.....
Tags : Karnataka High Court, Restrictions on Entry and Hearing of Cases
When accused is not known to victim, then identification parade is necessary(30.08.2018)
Instant conviction appeal has been filed by Ahktar Hussain, which is directed against judgment passed by learned Sessions Judge, whereby Appellant/acc.....
Tags : Conviction, Identification parade, Necessity
Only recovery of tainted money is not sufficient for conviction, rather prosecution has to prove the demand, acceptance and illegal gratification(30.08.2018)
Sole Appellant has preferred present appeal against the judgment and order by which the Appellant has been convicted under Section 5(2) read with Sect.....
Tags : Illegal Gratification, Conviction, Legality
If a 'necessary party' is not impleaded, the suit itself is liable to be dismissed(07.09.2018)
In instant matter, challenge is thrown to the order passed by the trial Court on an application under Order I Rule 10 of the Code of Civil Procedure, .....
Tags : Impleadment, Jurisdiction, Validity
Tribunal has jurisdiction to compound the offence where alternative punishment of fine is prescribed in place of imprisonment and where no case is pending before the Special Court(29.08.2017)
Present appeal is filed against impugned order passed by the National Company Law Tribunal. The Appellants failed to file its Annual Return for the fi.....
Tags : Offence, Compounding of, Jurisdiction
Statements of a person who dies, are admissible, if the statements relate to the cause of death, or explain circumstances leading to the death(07.09.2017)
The Appellants faced trial for offence punishable under Sections 306 and 498-A read with Section 34 of Indian Penal Code, 1860 ('IPC'). They have been.....
Tags : Conviction, Legality, Circumstantial evidence
Evidence of Food Inspector need not necessarily corroborate from independent witnesses(05.10.2018)
The revisionist-accused has preferred present revision under Sections 397 and 401 of Code of Criminal Procedure, 1973 (CrPC) against the judgment pass.....
Tags : Conviction, Provision, Compliance
Chhattisgarh HC Orders 7 Lakhs Compensation for Rape Victim(04.09.2020)
Chhattisgarh High Court has held in a Writ Petition that the Rape victim was entitled to compensation of Rs. 7 lakhs along with interest under Section.....
Tags : Chhattisgarh High Court, Compensation to Rape Victim
NCDRC: Pecuniary Jurisdiction to be Determined by Value Of Goods/ Services 'Paid'(07.09.2020)
National Consumer Disputes Redressal Commission (NCDRC) has held that for determining the pecuniary jurisdiction of Consumer fora, the value of the go.....
Tags : National Consumer Disputes Redressal Commission, Pecuniary Jurisdiction
NCDRC: Pecuniary Jurisdiction to be Determined by Value Of Goods/ Services 'Paid'(07.09.2020)
National Consumer Disputes Redressal Commission (NCDRC) has held that for determining the pecuniary jurisdiction of Consumer fora, the value of the go.....
Tags : National Consumer Disputes Redressal Commission, Pecuniary Jurisdiction
NCDRC: Pecuniary Jurisdiction to be Determined by Value Of Goods/ Services 'Paid'(07.09.2020)
National Consumer Disputes Redressal Commission (NCDRC) has held that for determining the pecuniary jurisdiction of Consumer fora, the value of the go.....
Tags : National Consumer Disputes Redressal Commission, Pecuniary Jurisdiction
NCDRC: Pecuniary Jurisdiction to be Determined by Value Of Goods/ Services 'Paid'(07.09.2020)
National Consumer Disputes Redressal Commission (NCDRC) has held that for determining the pecuniary jurisdiction of Consumer fora, the value of the go.....
Tags : National Consumer Disputes Redressal Commission, Pecuniary Jurisdiction
Orissa HC Orders CID Crime Branch to Initiate Probe to Determine Authenticity of Affidavit(19.07.2021)
Orissa High Court has ordered the CID-Crime Branch to initiate a probe to determine the authenticity of an affidavit purportedly filed by a minor rape.....
Tags : Orissa High Court, Minor Rape Victim
Examination of any particular number of witnesses is not required for proving prosecution case and reliance can be placed on solitary witness(04.10.2018)
Present appeal has been preferred by the Appellant assailing the judgment and order of conviction passed by the trial Court. By virtue of the impugned.....
Tags : Solitary witness, Conviction, Validity
Introducing an additional restriction of graduation for participation in examination without there being any quota reserved for graduates is discriminatory(03.11.2017)
The short question arising for consideration in this case is whether the restriction introduced on the basis of educational qualification for particip.....
Tags : Examination, Participation, Restriction
Unless there is any kind of illegality in the impugned judgment of acquittal, Supreme Court cannot interfere in such judgment(13.11.2017)
Present appeal is filed by the State against the final judgment and order passed by the High Court of whereby the High Court allowed the appeal filed .....
Tags : Acquittal, Validity, Evidence, Contradiction
Prosecution is required to establish continuity in links of chain of circumstances, so as to lead to conclusion of Accused being the assailant(31.10.2018)
The Appellant is the wife of the deceased convicted under Section 302 of Indian Penal Code, 1860 (IPC) and sentenced to life imprisonment with fine of.....
Tags : Circumstantial evidence, Conviction, Legality
SC Asks Madhya Pradesh HC to Consider Reinstatement of Ex-District Judge(15.07.2020)
Supreme Court has recommended to the Madhya Pradesh High Court to consider the reinstatement of the former Additional District and Sessions Judge from.....
Tags : Supreme Court, Reinstatement of Ex- District Judge
Kerala HC: Lockdown Restrictions Applicable to Political Parties & Associations Also(15.07.2020)
Kerala High Court has clarified that the directives issued by the Centre and the State Governments restricting social gatherings in view of the COVID-.....
Tags : Kerala High Court, Lockdown Restrictions
Kerala HC Sets Aside Recruitment of District Judge on Not Being Advocate on Date of Appointment(20.07.2020)
Kerala High Court has set aside the appointment of a District and Sessions Judge, who was selected via direct recruitment, on the ground that he was n.....
Tags : Kerala High Court, Recruitment of District Judge
Karnataka HC: Victim Includes Parents & Family Members of Person Suffering Injuries(24.07.2020)
Karnataka High Court has observed that a victim under the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 includes not only the perso.....
Tags : Karnataka High Court, Victim of Crime
Bombay HC Quashes FIR on Amicable Settlement Between Man and Victim(24.07.2020)
Bombay High Court has quashed a First Information Report filed against a 25-year-old man accused of sexually assaulting a 17-year-old boy after the fa.....
Tags : Bombay High Court, Amicable Settlement Between Man and Victim
Allahabad HC Upholds Conviction of Man for Murdering Wife and Daughters(12.07.2021)
Allahabad High Court has upheld the conviction of a man for brutally murdering his wife and four minor daughters aged 7, 5, 3 years and the youngest o.....
Tags : Allahabad High Court, Conviction of Man for Murdering Wife and Daughters
High Court had power to prevent abuse and quash confronted proceeding, if any attempt is made to abuse the authority(29.10.2018)
The present petition has been filed to set aside the order convicting Petitioner under Section 376, 323 of Indian Penal Code, 1860 (IPC), and the orde.....
Tags : Proceedings, Quashing of, Jurisdiction
Mere breach of promise without mala fide intention cannot amount to deception(29.10.2018)
The Appellant has preferred present appeal against the judgment passed by the trial Court whereby the Appellant has been convicted for the offence und.....
Tags : Conviction, Consent, Legality
Conviction of accused cannot be sustained, if sole testimony of prosecutrix found artificial(11.08.2017)
Instant criminal appeal is against the judgment passed by trial Court, whereby Accused Appellant was convicted for offences under Sections 363, 366, 3.....
Tags : Conviction, Legality, Evidence, Credibility
Non-collection of FSL report might be a defect of investigation which could not result in acquittal of an accused, when enough evidence was available for conviction(13.09.2018)
Present appeal has been preferred by the Appellant assailing the judgment, order of conviction and sentence respectively passed by the learned Additio.....
Tags : Conviction, Circumstantial evidence, Validity
Mere possession and recovery of currency notes from an Accused without proof of demand would not establish an offence(14.07.2017)
Appellant, heir of Mukhtiar Singh (since deceased) has carried this appeal to present Court against affirmation of his conviction under Sections 7 and.....
Tags : Illegal gratification, Proof, Conviction
Subletting is not permitted by camouflaging it as a partnership(18.07.2017)
In instant case, Petition filed under Section 14 of Delhi Rent Control Act, 1958 by Appellant-Landlord for eviction of Respondents was allowed by Rent.....
Tags : Premises, Sub-let, Eviction
Default sentence is not to be merged with or allowed to run concurrently with a substantive sentence(20.09.2018)
Present appeal challenges the decision passed by the High Court affirming the conviction and sentence of the Appellant (original Accused No. 6) for of.....
Tags : Conviction, Fine, Imposition
Bombay High Court Refuses to Interfere With BMC's Restrictions on Animal Sacrifice on Bakr Eid(21.07.2021)
Bombay High Court has refused to interfere with the BMC's circular limiting to 300, the number of water buffaloes to be sacrificed at the designated D.....
Tags : Bombay High Court, BMC's Restrictions on Animal Sacrifice on Bakr Eid
Kerala HC: Constitutional Jurisdiction Cannot be Used for Deciding Disputes(21.07.2021)
Kerala High Court has held that its constitutional jurisdiction cannot be used for deciding disputes for which remedies under the civil law are availa.....
Tags : Kerala High Court, Constitutional Jurisdiction
Gauhati HC: Foreigners Tribunal Cannot Suo Moto Assume Jurisdiction to Give Opinion(22.07.2021)
Gauhati High Court has ruled that the Foreigners Tribunal cannot suo moto assume the jurisdiction to give an opinion which is not sought while answeri.....
Tags : Gauhati High Court, Suo Moto Assumption of Jurisdiction
Orissa High Court Disposes of PIL for Aid to Rape Victim after 15 Years(23.07.2021)
Orissa High Court has disposed of a public interest litigation filed 15 years ago seeking Rs 10 lakh compensation for a rape victim as it was not clea.....
Tags : Orissa High Court, Rape Victim
Supreme Court: Independence of District Judiciary is Cardinal(23.07.2021)
Supreme Court has pointed out that “trial judges work amidst appalling conditions” and called for a change in what it said is “the colonial mindset wh.....
Tags : Supreme Court, District Judiciary
When eviction is sought on the ground of sub-letting, the onus to prove sub-letting is on the landlord(30.08.2017)
Present appeal is against the final judgment passed by the High Court of Delhi whereby learned Single Judge of the High Court allowed the eviction pet.....
Tags : Subletting, Eviction, Grant
When there is omission to put material evidence to Accused by Trial Court, prosecution cannot be said to be guilty of not adducing or suppressing such evidence(28.09.2018)
The Appellant assails his conviction by the High Court under Section 376(2)(f) of Indian Penal Code, 1860 (IPC) sentencing him to ten years rigorous i.....
Tags : Conviction, Evidence, Credibility
Delhi HC Seeks Status Report from Govt. on Setting Up Special Cell for Honour Killing Victims(13.08.2020)
Delhi High Court has directed the Principal Secretary (Home) of the Delhi Government to file a status report in a plea seeking strict compliance with .....
Tags : Delhi High Court, Setting Up Special Cell for Honour Killing Victims
DGFT Removes Import Restrictions on Refined Palm Oil, Refined Palm Olein, Potatoes(02.07.2021)
Director-General of Foreign Trade (DGFT) has temporarily removed import restrictions on refined palm oil, refined Palm Olein, Potatoes. According to a.....
Tags : Director-General of Foreign Trade, Import Restrictions on Refined Palm Oil, Refined Palm Olein, Potatoes
Patna HC Directs Authority to Dispose Plea Seeking Relief Camps in Flood Affected Districts(02.07.2021)
Patna High Court has directed the authority concerned to dispose of expeditiously a plea seeking setting up of relief camps in flood affected district.....
Tags : Patna High Court, Relief Camps in Flood Affected Districts
SC: Name of Victim in Sexual Offences Shall Not Be Mentioned in Any Proceedings(02.07.2021)
Supreme Court has taken strong objections to a Sessions Court Judgment where the names of rape victim are mentioned. The Court has held that all the s.....
Tags : Supreme Court, Name of Victim in Sexual Offences
Bombay HC Seeks Response on Plea Challenging Goa Victim Compensation Scheme, 2012(07.07.2021)
Bombay High Court has sought response of the Central Government and Goan administration on a plea challenging the amendment made in Goa Victim Compens.....
Tags : Bombay High Court, Goa Victim Compensation Scheme, 2012
Court derides lack of legislation on rehabilitation for sexual assault victims(03.11.2015)
In a case involving the rape of a minor and birth of a child as a consequence, the Allahabad High Court, taking note of the physical and mental trauma.....
Tags : Rape, rehabilitation, victim, child, compensation
Adjudicatory proceedings before Tribunal will not be affected by the provisions in the Companies Act(07.09.2017)
In present matters, execution applications have been filed and are pending. Matters are against S. Tel Pvt. Ltd. which is facing liquidation proceedin.....
Tags : Execution proceedings, Jurisdiction
Mere circumstance of Accused being last seen with the deceased is an unsafe hypothesis for conviction under Section 302 of IPC(19.09.2017)
Present appeal arises from a judgment of a Division Bench of High Court. The High Court affirmed the conviction of the Appellant under Section 302 of .....
Tags : Conviction, Legality, Circumstantial evidence
Exception 4 to Section 300 of IPC applies when the act was committed without premeditation, in a sudden fight without the offender having taken undue advantage or acted in a cruel or unusual manner.(20.09.2017)
In instant appeal, an exception is taken to the judgment and order of Additional Sessions Judge, whereby Appellant is convicted for the offence under .....
Tags : Conviction, Exception, Applicability
Unlawful possession of public property without having paid for same tantamounts to unjust enrichment(23.10.2018)
Present appeal is directed against order passed by the High Court wherein without issuance of notice to the Ghaziabad Development Authority ("GDA") an.....
Tags : Unlawful possession, Eviction, Grant
Delhi HC to Continue with Restrictive Functioning Till October 8(01.10.2020)
Delhi High Court has decided to continue with the current hybrid model of both physical and virtual hearings. The Court has decided to extend the rest.....
Tags : Delhi High Court, Restrictive Functioning
Delhi HC: Advisory Jurisdiction to Provide Legal Advice u/s 151 CPC(01.10.2020)
Delhi High Court has clarified that it doesn't have the advisory jurisdiction to provide legal advice to the parties in applications moved under secti.....
Tags : Delhi High Court, Advisory Jurisdiction
SC: Not Much Scope of Going Into Question of Territorial Jurisdiction in Transfer Petition(06.08.2021)
Supreme Court observed that there is not much scope of going into the question of 'territorial jurisdiction' of a court in a Transfer Petition under S.....
Tags : Supreme Court, Territorial Jurisdiction in Transfer Petition
Kerala HC Seeks Response of State Regarding Clause Restricting Non-Vaccinated Persons(10.08.2021)
Kerala High Court has sought the response of the State regarding a clause in its latest Government Order which restricts persons who have not taken CO.....
Tags : Kerala High Court, Clause Restricting Non-Vaccinated Persons
SC: NCLT/NCLAT Has No Residual Equity Jurisdiction While Dealing With Resolution Plan(11.08.2021)
Supreme Court has observed that there is no residual equity based jurisdiction in the Adjudicating Authority or the Appellate Authority while dealing .....
Tags : Supreme Court, Residual Equity Jurisdiction
Bombay HC Extends Protective Orders Against Evictions and Dispossessions Till August 30(11.08.2021)
Bombay High Court has refused to continue its unconditional extension of all interim orders in Maharashtra beyond 30th August, 2021, given the improvi.....
Tags : Bombay High Court, Protective Orders Against Evictions and Dispossessions
Allahabad HC: HC Can Nullify Order of Conviction in Criminal Revision in Cheque Bounce Case(16.08.2021)
Allahabad High Court has held that High Court can nullify an order of conviction passed by it in a Criminal Revision in a Cheque bouncing case, by usi.....
Tags : Allahabad High Court, Order of Conviction in Criminal Revision in Cheque Bounce Case
Bombay High Court Declines Relief to Former District Judge(29.11.2019)
Bombay High Court has rejected a former District Judge’s petition and ruled that if the concerned authority is of the opinion that the compulsory reti.....
Tags : Bombay High Court, District Judge
Delhi High Court Seeks Centre's Reply on Plea Against Revelation of Hyderabad Rape Victim's Identity(04.12.2019)
Delhi High Court has sought the response of the Centre on a plea against revelation of identity of the Hyderabad rape victim by certain media houses. .....
Tags : Delhi High Court, Hyderabad Rape Victim
Calcutta HC Orders District Magistrate to Act as Impartial Authority and Steer from Political Motivat(16.12.2020)
Calcutta High Court has ordered the District Magistrate of Cooch Behar District in West Bengal, to act as an impartial authority and to steer away fro.....
Tags : Calcutta High Court, District Magistrate
SC Asks AG to Consider Whether NGT's Jurisdiction Can Be Extended to Wildlife Protection Act(16.12.2020)
Supreme Court has asked Attorney General of India, KK Venugopal if the jurisdiction of the National Green Tribunal can be extended under the Wildlife .....
Tags : Supreme Court, Jurisdiction of National Green Tribunal
SC: Selective Leaks to Media Infringes Rights of Victims(18.12.2020)
Supreme Court has observed that selective disclosures to the media during investigation of crime affect the rights of the accused and the rights of vi.....
Tags : Supreme Court, Rights of Victim
Calcutta HC Suspends Sentence of Imprisonment of Convicts on Grounds of Hearing of Appeal(20.10.2021)
Calcutta High Court has suspended the sentence of imprisonment imposed on two convicts on the ground that there lies no possibility of their appeals b.....
Tags : Calcutta High Court, Sentence of Imprisonment of Convicts
Standard of proof requires proof that it was accused alone who had committed offence(26.12.2018)
In instant matter, the learned Trial Court after recording evidence and evaluating the same convicted the Petitioner under Sections 279, 337 and 338 o.....
Tags : Conviction, Legality, Standard of proof
Essence of crime of conspiracy is unlawful agreement and not its accomplishment(08.10.2018)
Present appeals are directed against the judgment passed by the trial Court whereby the Appellants were convicted for the offence punishable under Sec.....
Tags : Conspiracy, Circumstantial evidence, Conviction
In order to constitute a conspiracy, meeting of mind of two or more persons to do an illegal act or an act by illegal means is a must(10.10.2018)
Present appeal is directed against the final judgment passed by the High Court in Criminal Appeal whereby the High Court dismissed the appeal filed by.....
Tags : Conspiracy, Conviction, Legality
Testimony of an injured witness can be acted upon even without any corroboration as he is having a special status in law(16.11.2018)
Present Criminal Appeal is preferred by the Appellants who have been convicted by the learned Sessions Judge, vide impugned judgment and sentenced to .....
Tags : Conviction, Legality, Witnesses, Credibility
Bombay HC: Conviction in Non-Compoundable Case Can't Be Set Aside by HC(07.01.2021)
Bombay High Court has held that the High Court while exercising the inherent powers under Section 482 of the Code of Criminal Procedure, 1973 cannot s.....
Tags : Bombay High Court, Conviction in Non-Compoundable Case
Delhi HC Issues Notices on Plea for Action Against Social Media Sites(11.01.2021)
Delhi High Court has issued notice in a Petition filed by an advocate seeking action against major social media platforms for revealing the identity o.....
Tags : Delhi High Court, Social Media Sites, Hathras Rape Victim
Allahabad HC Dismisses Plea Seeking Transfer of Women Convicts to Jails with Women Barracks(11.01.2021)
Allahabad High Court has dismissed a plea seeking transfer of women convicts from Central Jail Naini, Prayagraj to District Jail Sonbhadra and Distric.....
Tags : Allahabad High Court, Transfer of Women Convicts
SC Stays Kerala HC Judgment Setting Aside Appointment of District Judge(12.01.2021)
Supreme Court has stayed a Kerala High Court judgment which set aside the appointment of a District Judge on the ground that, at the time of issuing t.....
Tags : Supreme Court, Appointment of District Judge
Kerala HC Directs Submission of Grounds for Non-Admission of Sexual Harassment Victim in School(26.11.2021)
Kerala High Court has directed the Government Pleader to get instructions and submit as to why the victim child cannot be accommodated in the responde.....
Tags : Kerala High Court, Non-Admission of Sexual Harassment Victim in School
J&K&L HC Issues Guiding Factor to Magistrates to Pass Conviction Orders Under NI Act(29.11.2021)
Jammu & Kashmir And Ladakh High Court has issued certain guiding factors for Magistrates to consider when they pass conviction orders under Section 13.....
Tags : Jammu & Kashmir And Ladakh High Court, Conviction Orders Under NI Act
Punishment to be awarded for a crime must not be irrelevant but it should conform to and be consistent with atrocity and brutality which the crime has been perpetrated(09.10.2018)
Present jail appeal has been preferred by Accused Appellant against judgment and order passed by Sessions Judge convicting and sentencing Appellant fo.....
Tags : Conviction, Evidence, Credibility
Karnataka HC: Revenue Authorities Have No Jurisdiction to Decide 'Title Dispute' Between Parties(27.01.2020)
Karnataka High Court has held that the revenue authorities like the Tahsildar, Assistant Commissioner and Deputy Commissioner have no jurisdiction to .....
Tags : Karnataka High Court, Jurisdiction of Revenue Authorities
District Consumer Redressal Forum, Bengaluru Directs Coaching Institute to Refund Fees(16.02.2021)
District Consumer Redressal Forum, Bengaluru has directed a coaching institute to refund the fee collected from a father whose daughter failed in the .....
Tags : District Consumer Redressal Forum, Coaching Institute
SC: Presence of Arbitration Clause Does Not Oust Writ Jurisdiction Under Article 226(18.02.2021)
Supreme Court has observed that presence of an arbitration clause within a contract between a state instrumentality and a private party is not an abso.....
Tags : Supreme Court, Writ Jurisdiction Under Article 226
Supreme Court Asks to Chalk Out Plan to Rehabilitate Evicted Slum Dwellers(07.12.2021)
Supreme Court has asked the Ministry of Railways, State Governments and Municipal Corporations to chalk out a plan with regards to rehabilitation of s.....
Tags : Supreme Court, Rehabilitate Evicted Slum Dwellers
Karnataka HC Directs to Ensure Disbursal of Funds for Construction of New District Court Building(07.12.2021)
Karnataka High Court has directed the Principal Secretary (Law Department) to apprise the concerned government authorities to release funds for the co.....
Tags : Karnataka High Court, Construction of New District Court Building
Conviction cannot be based on a DNA report when it is established that there has been no quality control or quality assurance and the sampling has been improper(04.10.2017)
By the impugned judgment and order, the Sessions Court held four Accused persons guilty under Sections 363 and 376(D) read with 34 of the Indian Penal.....
Tags : Conviction, Evidence, Credibility
A person cannot be punished twice for the same offence(24.10.2018)
The instant criminal appeal under Section 374 (2) of Code of Criminal Procedure, 1973 (CrPC) has been preferred by the Appellants, challenging the jud.....
Tags : Counterfeit currency, Possession, Conviction, Legality
In absence of fitness certificate referring mental fitness, no reliance can be placed upon dying declaration(02.11.2018)
The Appellant has filed present appeal from his conviction and sentence passed by Additional Session's Judge convicting the Appellant under Section 3.....
Tags : Conviction, Legality, Dying declaration
Bombay HC Allows Application by Victim of 2008 Malegaon Blast Victim Who Lost His Son(27.11.2020)
Bombay High Court has allowed an intervention application filed by Nisar Ahmed Haji Sayed Bilal, a victim of the 2008 Malegaon blast who also lost his.....
Tags : Bombay High Court, 2008 Malegaon Blast Victim Who Lost His Son
Delhi HC: Rights of Persons With Disability Act Not An Embargo on Exercise of Parens Patriae(02.11.2021)
Delhi High Court has held that the Rights of Persons With Disability Act, 2016 Act or the Rules framed there under do not create any embargo on the ex.....
Tags : Delhi High Court, Exercise of Parens Patriae Jurisdiction
SC Seeks Centre's Response to PIL Seeking Enforcement of Provisions to Assist Victim Women(08.11.2021)
Supreme Court has issued notice to the Central Government in a writ petition seeking proper implementation of the mandatory provisions of Chapter Ill,.....
Tags : Supreme Court, Provisions to Assist Victim Women
SC: Conviction Based on Disclosure Statement Sustained Only When Resultant Recovery Is Unimpeachable(09.11.2021)
Supreme Court has observed that to convict an accused exclusively on the basis of his disclosure statement and the resultant recovery of inculpatory m.....
Tags : Supreme Court, Conviction Based on Disclosure Statement
Madras High Court Orders Relaxation on COVID-19 Restrictions from November 15(10.11.2021)
Madras High Court has ordered relaxation of many restrictions that have been in place for long to fight COVID-19. The relaxations would come into forc.....
Tags : Madras High Court, Relaxation on COVID-19 Restrictions
If Court passes a decree having no jurisdiction over the matter, it would amount to nullity(02.11.2018)
In instant second appeal, learned counsel for the Appellant has raised issue of jurisdiction of the trial Court as well as the Appellate Court on the .....
Tags : Matrimonial dispute, Jurisdiction, Nullity
If the acquittal is justified on a probable view taken by the trial court, it should not be interfered with(04.12.2018)
In instant Appeals, Court is concerned with the correctness of the judgment of the High Court of by which the judgment of the trial Court was set asid.....
Tags : Conviction, Presumption, Innocence
When the recovery is suspicious, non-production of seal is to be considered to hold the Accused innocent(05.11.2018)
The present appeal is maintained by the Appellant laying challenge to judgment passed by the trial Court, whereby the Accused was convicted for the c.....
Tags : Conviction, Evidence, Credibility
State Government had no jurisdiction and authority to convert a statutory appeal in a representation and issue directions(01.11.2018)
The Petitioner is the owner of plots carved out in a private layout within the municipal limits of Pimpri Chinchwad Municipal Corporation ('municipal .....
Tags : Power, Jurisdiction, Legality
Consumer Forum, Hyderabad: Supermarket Charging Cost for Carry Bags an 'Unfair Trade Practice'(22.02.2021)
District Consumer Disputes Redressal Commission, Hyderabad has directed 'More Megastore' to discontinue its unfair trade practice of arbitrarily impos.....
Tags : District Consumer Disputes Redressal Commission, Carry Bags
Karnataka HC Issues Notice on Plea Challenging Travel Restrictions at Kerala Border(26.02.2021)
Karnataka High Court has issued notice to the Union Government and State government on a Public Interest Litigation challenging the restrictions on th.....
Tags : Karnataka High Court, Travel Restrictions at Kerala Border
Karnataka High Court Issues Notice on Plea Challenging Travel Restrictions at Kerala Border(01.03.2021)
Karnataka High Court has issued notice to the Union Government and State government on a Public Interest Litigation challenging the restrictions on th.....
Tags : Karnataka High Court, Travel Restrictions at Kerala Border
Patna HC Directs Subordinate Courts to Refrain from Disclosing Identity of Rape Victim in Judgments(01.03.2021)
Patna High Court has directed all Courts subordinate to ensure that the identity of the rape victim is not indicated in Orders/Judgment, unless such d.....
Tags : Patna High Court, Identity of Rape Victim
Calcutta HC Seeks Response on Printing of Subhash Chandra Bose's Picture on Currency Notes(14.12.2021)
Calcutta High Court has sought the Union government's response in a Public Interest Litigation (PIL) seeking directions to print images of Netaji Subh.....
Tags : Calcutta High Court, Printing of Subhash Chandra Bose's Picture on Currency Notes
SC Acquits Three Death Row Convicts, Holds Prosecution Utterly Failed To Prove Case(16.12.2021)
Supreme Court has acquitted three murder accused who were sentenced to death by the Trial Court and the Allahabad High Court. The Court has observed t.....
Tags : Supreme Court, Acquittal of Three Death Row Convicts
Suspicion howsoever strong cannot substitute proof(26.02.2018)
Present appeals are against the judgment passed by the learned Additional Sessions Judge arising out of FIR registered at Police Station ('PS'), convi.....
Tags : Conviction, Circumstantial evidence, Proof
Imposition of appropriate sentence must commensurate with nature and gravity of crime and manner in which crime is done(20.02.2019)
In present appeal, the Appellant-Accused has called in question the judgment and order whereby, Madras High Court while dismissing criminal revision p.....
Tags : Conviction, Sentence, Legality
SC: Vote Cast by Lawmaker Prior to Conviction on Same Day Cannot be Termed Invalid(21.12.2020)
Supreme Court has held that a vote cast by a lawmaker prior to his conviction in a criminal case on the same day cannot be termed as invalid.
Tags : Supreme Court, Vote Cast Before Conviction
Uttarakhand HC Suspends District Judge Who Used Audi Car of Accused for Official Travel(24.12.2020)
Uttarakhand High Court has suspended Prashant Joshi, District Judge, Dehradun who fixed the official board of District Judge, Dehradun on a private Au.....
Tags : Uttarakhand High Court, Suspension of District Court Judge
Madras HC: Accused Can be Convicted Under POCSO Act Solely on Testimony of Victim Child(27.10.2021)
Madras High Court has reiterated that an accused can be convicted under the Protection of Children from Sexual Offences (POCSO) Act, 2012 solely based.....
Tags : Madras High Court, Testimony of Victim Child
Kerala High Court Establishes Policy Decision to Interdict Self-Financing Institutions(27.10.2021)
Kerala High Court has established that a policy decision taken by the State to interdict self-financing institutions from commencing new courses in th.....
Tags : Kerala High Court, Policy Decision to Interdict Self-Financing Institutions
SC Dismisses SLP Filed by AKM Ashraf to Restrict Entry of People Without RT PCR Certificate(29.10.2021)
Supreme Court has dismissed a special leave petition filed by AKM Ashraf, member of the Kerala Legislative Assembly assailing the Kerala High Court's .....
Tags : Supreme Court, Restrict Entry of People Without RT PCR Certificate
Karnataka HC Quashes Denotification 260 Acres of Forest Area in Shivamogga District(05.03.2021)
Karnataka High Court has quashed the notification issued in 2017 denotifying 260 acres of forest area in Shivamogga district purportedly for rehabilit.....
Tags : Karnataka High Court, Denotification of Forest Area in Shivamogga District
Calcutta HC: Writ Jurisdiction Shall Exist IBC Matters Despite Alternative Remedy(10.03.2021)
Calcutta High Court held that the writ jurisdiction can be invoked in the Insolvency and Bankruptcy Code (IBC) matters, despite the availability of an.....
Tags : Calcutta High Court, Writ Jurisdiction in IBC Matters
Calcutta High Court Seeks Report on Existing VC Facilities at District Courts & Tribunals in State(04.01.2022)
Calcutta High Court has directed the State government to apprise the Court about the steps which are taken to set up video conferencing facilities in .....
Tags : Calcutta High Court, Existing VC Facilities at District Courts & Tribunals
Kerala HC: Convict in Cheque Bounce Case can Submit Fine Directly to Complainant(04.01.2022)
Kerala High Court has observed that a convict in a cheque bounce case can pay the fine amount directly to the complainant. It is not necessary to depo.....
Tags : Kerala High Court, Convict in Cheque Bounce Case
Tripura HC Upholds Conviction Of Rape Accused(07.01.2022)
The Tripura High Court has confirmed the conviction of rape accused of sexually assaulting a girl child. The court further stated that the mother of a.....
Tags : Tripura High Court, Rape, Conviction
Allahabad HC Issues Guidelines for Functioning of District Courts, Tribunals from Jan 10(10.01.2022)
Allahabad High Court has decided to issue certain guidelines that shall be applicable to all the Courts (including Tribunals) subordinate to the High .....
Tags : Allahabad High Court, Guidelines for Functioning of District Courts, Tribunals
Man in possession of stolen goods soon after theft is either thief or received goods knowing them to be stolen, unless he can account for his possession(14.01.2019)
The present revision is against the judgment of conviction by the Judicial Magistrate First Class, by which the applicant ('accused') came to be convi.....
Tags : Conviction, Legality, Evidence, Credibility
A related witness cannot be said to be an 'interested' witness merely by virtue of being a relative of victim(19.02.2019)
Present appeal is presented by the convicted Accused against the concurrent judgments of conviction and sentence passed by the Additional Sessions Jud.....
Tags : Conviction, Testimony, Eye-witnesses, Validity
SC: Jurisdiction of High Court Hearing An Arbitration Appeal Is Distinct from First Appellate Court(16.11.2021)
Supreme Court has observed that the jurisdiction in a first appeal arising out of a decree in a civil suit is distinct from the jurisdiction of the Hi.....
Tags : Supreme Court, Jurisdiction of High Court Hearing An Arbitration Appeal
Allahabad High Court Orders Enquiry into Lucknow District Court Violence Incident(19.11.2021)
Allahabad High Court has ordered an inquiry into the violent behavior of the lawyers outside the Lucknow District Court campus on October 30, stressin.....
Tags : Allahabad High Court, Enquiry into Lucknow District Court Violence Incident
Madras HC: No Jurisdiction Based on Location of Branch Office Where No Cause of Action Has Arisen(23.11.2021)
Madras High Court has interpreted, actually and voluntarily resides or carries on business or personally works for gain, in Section 134(2) of Trade Ma.....
Tags : Madras High Court, Jurisdiction Based on Location of Branch Office
SC: Residuary Jurisdiction of NCLT Cannot be Invoked to Adjudicate Contractual Dispute(24.11.2021)
Supreme Court has observed that the residuary jurisdiction of the National Company Law Tribunal cannot be invoked to adjudicate contractual dispute if.....
Tags : Supreme Court, Residuary Jurisdiction of NCLT
Allahabad High Court Acquits Man Convicted for Raping and Murdering Minor Girl(24.11.2021)
Allahabad High Court has acquitted a man convicted for raping and murdering a minor girl and facing the death penalty, having found the evidence of th.....
Tags : Allahabad High Court, Man Convicted for Raping and Murdering Minor Girl
Statement to police is not a substantive piece of evidence; same cannot form the basis of conviction(14.02.2019)
In facts of present case, on the basis of the FIR registered, police investigated the case. The necessary witnesses were examined by police under Sect.....
Tags : Conviction, Legality, Evidence, Credibility
When remedy is available under provisions of Act, jurisdiction of Civil Court is impliedly ousted(14.02.2018)
The question that arises for consideration in this appeal is, whether the suit filed by the Respondent seeking declaration and permanent injunction ag.....
Tags : Civil Court, Jurisdiction, Remedy
Credibility of witnesses is ordinarily not re-visited by Supreme Court in an appeal by special leave(12.02.2019)
Present appeal by special leave is directed against the judgment of the High Court dismissing the appeal filed by the Appellant against his conviction.....
Tags : Conviction, Circumstantial evidence, Validity
A long delay can be condoned if witness has no motive for falsely implicating Accused(27.11.2018)
Present appeal arose out of the judgment passed by the High Court by which the High Court has dismissed the appeal filed by the Appellant herein there.....
Tags : Conviction, Evidence, Credibility
Calcutta HC Seeks Response in Plea Challenging Expansion of BSF Jurisdiction in West Bengal(15.12.2021)
Calcutta High Court has sought response from the Central government in a Public Interest Litigation (PIL) petition challenging the Central government'.....
Tags : Calcutta High Court, Expansion of BSF Jurisdiction
Kerala HC: Vague Statement in Victim's Testimony with No Indication of Penetration Not Rape(16.12.2021)
Kerala High Court has observed that a statement from the victim that the accused hugged her with no indication of penetration would not attract the of.....
Tags : Kerala High Court, Vague Statement in Victim's Testimony
Gauhati High Court Imposes Interim Stay on Assam Govt's Order to Evict 244 Villagers(21.12.2021)
Gauhati High Court has restrained the Assam government from evicting 244 people from Dhekiajuli town in Assam's Sonitpur district. The Court has direc.....
Tags : Gauhati High Court, Order to Evict 244 Villagers
Karnataka Assembly Passes Bill to Impose Restrictions on Religious Conversions(24.12.2021)
Karnataka Legislative Assembly has passed the Karnataka Protection of Right To Freedom Of Religion Bill, 2021, which seeks to impose restrictions on r.....
Tags : Karnataka Legislative Assembly, Bill to Impose Restrictions on Religious Conversions
Bombay HC: Conviction Cannot be Based on Admissions Made by Accused(20.12.2021)
Bombay High Court has said conviction cannot be solely based on the admissions made by the accused in his statement under Section 313 of the Criminal .....
Tags : Bombay High Court, Conviction Cannot be Based on Admissions
Delhi HC: Negotiable Instruments Act Being Penal Statute Should Receive Strict Construction(22.12.2021)
Delhi High Court has observed that the Negotiable Instruments Act, 1881 should receive strict construction for the reason of being a penal statute. Th.....
Tags : Delhi High Court, Strict Construction of NI Act
Deposition of an injured witness should be relied upon unless there are strong grounds for rejection of his evidence(03.01.2019)
In present matter, FIR was lodged under Sections 323, 324 of Indian Penal Code, 1860 (IPC) against four persons alleging that, on 18th February, 1985,.....
Tags : Conviction, Injured witness, Evidence
Calcutta HC to Continue Restrictive Functioning Till May 31(14.05.2020)
Calcutta High Court has announced that the High Court as well as its Circuit Benches at Andaman & Nicobar Islands and Jalpaiguri and all subordinate C.....
Tags : Calcutta High Court, Restrictive Functioning
Delhi High Court Restricts Functioning of Courts till May 23(18.05.2020)
Delhi High Court has decided to restrict its and the District Courts’ functioning to urgent matters till 23rd May, 2020.
Tags : Delhi High Court, Restrictive Functioning
Delhi HC Imposes Fee Restrictions on Two Branches of Apeejay(20.05.2020)
Delhi High Court has barred two branches of Apeejay school from collecting any amount other than tuition fee from students. The Court has further stat.....
Tags : Delhi High Court, Fee Restrictions
Delhi HC Awards Rs. 6 Lakh Interim Compensation to Minor Sexual Assault Victim(17.05.2021)
Delhi High Court has awarded Rs. 6 Lakhs as interim compensation to a minor victim of sexual assault, directing the Delhi State Legal Services Authori.....
Tags : Delhi High Court, Compensation to Minor Sexual Assault Victim
Rajasthan HC: Proper Facts & Evidence Must Be Placed Before Court to Invoke PIL Jurisdiction(07.03.2022)
Rajasthan High Court has observed that a citizen approaching the court in a public interest jurisdiction holds greater duty to make full research and .....
Tags : Rajasthan High Court, PIL Jurisdiction
Karnataka High Court Held That District Magistrate Empowered To Attach Property(08.03.2022)
Karnataka High Court has held that the District Magistrate is empowered to attach the property and not the Commissioner of Bengaluru Mahanagara Palike.....
Tags : Karnataka High Court, District Magistrate, Property
Delhi HC Asks Centre Over Delay in Restricting Use of Oxygen in Industries(22.04.2021)
Delhi High Court has asked the Central Government as to why there is a delay in restricting use of oxygen in industries, in view of acute shortage of .....
Tags : Delhi High Court, Restricting Use of Oxygen in Industries
Rajasthan HC Dismisses Plea Challenging District Judge Recruitment Process(25.02.2022)
Rajasthan High Court has dismissed a batch of writ petitions challenging the District Judge Recruitment process. In this matter, all the petitioners h.....
Tags : Rajasthan High Court, District Judge Recruitment Process
SC Sets Aside Conviction of Person for Offence of Murder on Lack of Proper Evidence(02.03.2022)
Supreme Court has set aside the conviction of a person for the offence of murder, after noting that the only evidence which linked him to the offence .....
Tags : Supreme Court, Conviction of Person for Offence of Murder
SC Sets Aside Conviction of Person for Offence of Murder on Lack of Proper Evidence(02.03.2022)
Supreme Court has set aside the conviction of a person for the offence of murder, after noting that the only evidence which linked him to the offence .....
Tags : Supreme Court, Conviction of Person for Offence of Murder
Calcutta HC Seeks Response in PIL Seeking Compensation for Victims of Tiger Attacks in Sunderbans(02.03.2022)
Calcutta High Court has sought the State government's response in a Public Interest Litigation (PIL) petition pertaining to the grant of compensation .....
Tags : Calcutta High Court, Compensation for Victims of Tiger Attacks
Calcutta HC Modifies Order of Conviction to Attempt to Rape in Case Concerning 11 Yr Old Girl(02.03.2022)
Calcutta High Court has observed that penetration even of the slightest degree is necessary to establish the offence of rape and accordingly held that.....
Tags : Calcutta High Court, Modification of Order of Conviction
Mere fact that deceased allegedly died an unnatural death could not be sufficient to bring home a charge under Section 201 of IPC(12.02.2018)
Present is a case where the Appellant's wife committed suicide by hanging. The incident took place on 26th December, 1990. The information was conveye.....
Tags : Suspicion, Conviction, Legality
Sole testimony of victim is sufficient to record conviction in offence of rape(01.02.2019)
Present appeal is preferred against the judgment passed by Additional Sessions Judge, by which learned Trial Judge has convicted and sentenced the acc.....
Tags : Conviction, Victim, Testimony
Payment of rent or monetary consideration are not required to be proved by affirmative evidence as same may have been made secretly in case of sub-tenancy(01.02.2019)
The Plaintiff instituted suit against the Defendants for recovery of possession, alleging that Defendant No. 1 remained in arrears of rent and other c.....
Tags : Eviction, Suit premises, Subletting
Madhya Pradesh Rajya Suraksha Adhiniyam, 1990 does not prohibit Additional District Magistrate to pass externment order(29.01.2019)
In facts of present matter, the Additional District Magistrate, has passed an order externing Respondent for a period of one year from the district co.....
Tags : Externment order, Jurisdiction, Additional District Magistrate
Delhi HC: Jurisdictional Objection to be Raised at Earliest Stage(26.03.2021)
Delhi High Court has observed that a jurisdictional objection under Section 16 of the Arbitration and Conciliation Act, 1996 by its very nature would .....
Tags : Delhi High Court, Jurisdictional Objection
Calcutta High Court Upholds Conviction of Man for Raping Girl Aged Below 16 Yrs(31.01.2022)
Calcutta High Court has upheld the conviction of a man for the offence of rape after observing that the consent of the minor victim is immaterial as s.....
Tags : Calcutta High Court, Conviction of Man for Raping Girl
Meghalaya HC Refuses to Interfere with Summon to District Council for No-Confidence Motion(31.01.2022)
Meghalaya High Court has refused to interfere with a notice issued by the Governor of Meghalaya under Rule 36(5) of the Assam and Meghalaya Autonomous.....
Tags : Meghalaya High Court, Summon to District Council
#Union Budget 2022-2023: Finance Minister Informs on Plans Under Aspirational Districts Programme(01.02.2022)
Finance Minister has stated that in 2022-23 Aspirational districts programme will focus on lagging blocks. Vibrant villages programme for border villa.....
Tags : Union Budget, Finance Minister, Aspirational Districts Programme
Allahabad HC Sets Aside Life Sentence of Murder Convicts in Aligarh Gandhi Park Murder(02.02.2022)
Allahabad High Court has set aside the life sentence of two murder convicts, including a woman in connection with the murder of a youth in Aligarh's G.....
Tags : Allahabad High Court, Life Sentence of Murder Convicts
Appellate Court on hearing appeal filed against judgment of acquittal will not overrule or otherwise disturb trial Court's acquittal, if there is no substantial and compelling reason for doing so(01.06.2018)
In present case, five Accused were tried for the offences punishable under Sections 326, 302, and 114 read with Section 34 of Indian Penal Code, 1860 .....
Tags : Conviction, Validity, Evidence
Muddamal in self same condition is required to be produced in Court and non-production thereof is fatal to prosecution(31.05.2018)
In instant case, charge sheet was filed against the Accused-Appellant for the offence under Section 8/15 Narcotic Drugs And Psychotropic Substances Ac.....
Tags : Conviction, Validity, Seized muddamal, Non-production
Right of private defence does not extend to inflict more harm than it is necessary in exercise of right of private defence(01.04.2019)
The challenge in the present appeals is to a judgment maintaining conviction of the Appellant for an offence under Section 302 of Indian Penal Code, 1.....
Tags : Conviction, Private defence, Applicability
Madras High Court Slams a Trial Court for ‘Illegal’ Conviction(12.10.2015)
Madras High Court has slammed a trial court for throwing to the winds the fundamental principles of criminal jurisprudence and “illegally” convicting .....
Tags : Madras High Court , trial court , Illegal Conviction
Uttarakhand High Court Cancels Conviction of Rape-Murder Accused(12.10.2015)
Uttarakhand High Court has reversed decision of a lower court in a case of rape and murder of a 10-year-old in Lalkuan, Nainital district, in 2012, as.....
Tags : Uttarakhand High Court , Rape-Murder, Conviction Cancels
Delhi HC Seeks District Judge Response over Plea to Quash Ads for English Stenos(06.10.2016)
Delhi HC has sought a reply from District and Sessions Judge on a plea seeking quashing of an advertisement for appointment of 326 English stenographe.....
Tags : Delhi HC, District Judge, English Stenographers
Supreme Court Seeks Centre’s Reply on Border Restrictions(27.05.2020)
Supreme Court has sought the Centre’s response to two PILs seeking to do away with restrictions put up by Uttar Pradesh and Haryana on entry of people.....
Tags : Supreme Court, Border Restrictions
Kerala High Court Upholds Ordinances Merging District Cooperative Banks(29.04.2021)
Kerala High Court has upheld Ordinances amending the Kerala Cooperative Society Act, 1969 to merge District Cooperative Banks in the state with the Ke.....
Tags : Kerala High Court, Ordinances Merging District Cooperative Banks
SC: NDMA May Consider Laying Down Minimum Standards of Relief to COVID Victims(04.05.2021)
Supreme Court has suggested that the National Disaster Management Authority consider laying down minimum standards of the relief which is to be provid.....
Tags : Supreme Court, Standards of Relief to COVID Victims
Calcutta HC Directs Registrar for List of Appeals Wherein Convicts Jailed for More than 14 Years(30.03.2022)
Calcutta High Court directed the Registrar (IT) of the High Court to prepare a list of appeals wherein the convicts are in jail for 14 or more and lis.....
Tags : Calcutta High Court, Convicts, Jail, 14 Yrs
Kerala HC: Additional District Judge Has Jurisdiction to Entertain Plea Under Sec. 34(12.04.2021)
Kerala High Court held that an Additional District Judge has jurisdiction to entertain a petition filed under Section 34 of the Arbitration and Concil.....
Tags : Kerala High Court, Additional District Judge
Patna HC: Judicial Officers Cannot Stake Experience of Advocate for Recruitment as District Judge(12.04.2021)
Patna High Court has held that judicial officers, who opted to be appointed in subordinate judicial services cannot stake claim of "past experience" o.....
Tags : Patna High Court, Recruitment as District Judge
Allahabad HC Grants Bail to Man Accused of Posting Objectionable Pictures of PM Narendra Modi(17.02.2022)
Allahabad High Court has granted bail to a man who has been accused of posting objectionable pictures of the Prime Minister of India Narendra Modi on .....
Tags : Allahabad High Court, Objectionable Pictures of PM Narendra Modi
Supreme Court Asks UP Govt to Show Position of Posts in All District Hospitals(18.02.2022)
Supreme Court has observed that vacancy positions of 62% and 70% of male and female doctors/ attendants particularly in District Hospital, Sambhal was.....
Tags : Supreme Court, Position of Posts in All District Hospitals
Calcutta HC Orders Cancellation of Appointment of Assistant Teachers in Murshidabad District(23.02.2022)
Calcutta High Court has ordered the cancellation of appointment of six assistant teachers in the Murshidabad district after noting that they had been .....
Tags : Calcutta High Court, Appointment of Assistant Teachers in Murshidabad District
Benefit of Exception 4 to Section 300 of IPC is available only when act is committed without premeditation in a sudden fight in heat of passion(15.03.2019)
Present appeal arises out of the judgment passed by the High Court by which the High Court affirmed the conviction of the Appellant under Section 302 .....
Tags : Conviction, Sentence, Legality
SC Issues Notice to Haryana Government Allowing Premature Release of Life Convicts(11.05.2020)
Supreme Court has issued notice to the State of Haryana asking it to explain its policy which conferred the benefit of remission on convicts who stood.....
Tags : Supreme Court, Premature Release of Life Convicts
Uttarakhand HC Issues notice on PIL Seeking Compensation for Victims of Glacial Disaster(07.06.2021)
Uttarakhand High Court has issued notice to the Central and State Government on a Public Interest Litigation seeking compensation for families affecte.....
Tags : Uttarakhand High Court, Compensation for Victims of Glacial Disaster
Madras HC: CIT Can’t Invoke Revisionary Jurisdiction If Conditions u/s 263 of IT Act Not Fulfilled(10.06.2021)
Madras High Court has ruled that the Income Tax Appellate Tribunal (ITAT) rightly set aside the order passed under Section 263 of the Income Tax Act, .....
Tags : Madras High Court, Revisionary Jurisdiction
Madras HC: Court Cannot Issue Mandamus Directing Compensation to COVID Victims(10.06.2021)
Madras High Court has observed that the Court cannot issue a mandamus directing all COVID-19 victims to be compensated, irrespective of the financial .....
Tags : Madras High Court, Compensation to COVID Victims
Delhi HC: High Court's Supervisory Jurisdiction Over Orders Under Order 39 Rules 1&2 Restricted(26.04.2022)
Delhi High Court has ruled that the scope of interference in exercise of its supervisory jurisdiction of the High Court under Article 227 of the Const.....
Tags : Delhi High Court, Article 227, Constitution of India, Code of Civil Procedure, 1908, Order XXXIX, supervisory jurisdiction
Courts shall have jurisdiction to try all suits of civil nature excepting suits of which their cognizance is either expressly or impliedly barred(15.03.2019)
In facts of present case, the dispute relates to 4/5th share in the suit land. The suit land was subjected to ceiling proceedings under the Haryana Ce.....
Tags : Suit, Maintainability, Jurisdiction
In a crime committed by an unlawful assembly, every member of unlawful assembly would be guilty of offence, even if he himself had not done actual act(15.03.2019)
In present matter, First Information Report was lodged with Police Station, District Raipur pursuant to information received at Police Station from In.....
Tags : Unlawful assembly, Conviction, Legality
Minor irregularity/omission by Investigation Officer need not necessarily lead to rejection of prosecution version(13.03.2019)
The present appeal has been preferred against the judgment passed by Addl. Sessions Judge convicting and sentencing the Appellant-Girand under Sectio.....
Tags : Conviction, Evidence, Credibility
SC Sets Aside Order Allowing Minister Chinmayanand Access to Victim's Statement(08.10.2020)
Supreme Court has set aside the Allahabad High Court order which had allowed former Union Minister and Bharatiya Janta Party leader Chinmayanand to se.....
Tags : Supreme Court, Chinmayanand, Access to Victim Statement
Allahabad HC Dismisses Habeas Corpus Plea Against Alleged Detention of Hathras Victim's Family(09.10.2020)
Allahabad High Court has dismissed the habeas corpus writ petition filed on behalf of the Hathras victim's family against alleged illegal detention by.....
Tags : Allahabad High Court, Detention of Hathras Victim's Family
Mathura District Court Calls for Records in Shrikrishna Janam Bhoomi Case on Oct 16(13.10.2020)
Mathura District Court has summoned all Court records with respect to the Shrikrishna Janam Bhoomi Case for the hearing on 16th October, 2020.
Tags : Mathura District Court, Shrikrishna Janam Bhoomi Case
SC Rejects Plea to Enact Law to Provide Uniform Compensation to Victims of Violence(13.10.2020)
Supreme Court has dismissed a lawyer's plea seeking direction to Parliament to enact a law providing a uniform scheme of compensation for persons who .....
Tags : Supreme Court, Compensation to Victims of Violence
SC: Conviction Can be Based on Sole Eye Witness Testimony Only if He is Wholly Reliable(13.10.2020)
Supreme Court has observed that conviction can be based on the testimony of a single eye witness so long he is found to be wholly reliable.
Tags : Supreme Court, Conviction
Jharkhand HC Directs CBI to Take Over Probe into Death of District Judge Uttam Anand(04.08.2021)
Jharkhand High Court has directed the Central Bureau of Investigation (CBI) to take over the probe into the death case of Dhanbad district judge Uttam.....
Tags : Jharkhand High Court, Death of District Judge Uttam Anand
ITAT, Pune: Revisional Jurisdiction Cannot be Invoked Sans Illegality in Original Re-Assessment(16.05.2022)
Income Tax Appellate Tribunal (ITAT), Pune while quashing a revisional jurisdiction under Section 263 of the Income Tax Act, 1961, has ruled that the .....
Tags : Income Tax Appellate Tribunal (ITAT), Pune, revisional jurisdiction, Section 263, Income Tax Act, 1961
Witness cannot be said to be an "interested" witness merely by virtue of being a relative of victim(26.04.2019)
Present appeal is directed against the judgment passed by the High Court whereby the Division Bench of the High Court dismissed the appeal preferred b.....
Tags : Conviction, Evidence, Credibility
Nature of weapon used and vital part of body where blow was struck are sufficient to prove intention of Accused to cause death(10.04.2019)
Present appeal arises from the judgment and Order of a Division Bench of the High Court passed in Criminal Appeal. The High Court, while allowing the .....
Tags : Conviction, Sentence, Conversion, Validity
Law presumes that, every person committing an offence is sane and liable for his acts, though in specified circumstances, it may be rebuttable(02.07.2018)
The Appellant assails his conviction under Section 302 and 324 of the Indian Penal Code, 1860 (IPC), rejecting his defence that he was of unsound mind.....
Tags : Conviction, Mental state, Benefit of doubt
Revisional power cannot be equated with a power of re-consideration of all questions of facts as a Court of first appeal(07.05.2019)
Present petition challenges the order passed in eviction petition under Section 14(1)(e) of the Delhi Rent Control Act, 1958 (DRC Act) whereby the lea.....
Tags : Eviction, Bonafide, Legality
Allahabad HC Denies Bail to Man Who Allegedly Sent Girlfriend's Intimate Pictures to Her Family(23.02.2022)
Allahabad High Court has denied bail to a man who allegedly shared intimate pictures of his girlfriend with her family members as it noted that this w.....
Tags : Allahabad High Court, Bail, Sharing Intimate Pictures
Gujarat HC Directs DGP, Gujarat to Ensure All Police Stations Aid Victims of Sexual Assault Crimes(24.02.2022)
Gujarat High Court has directed the Director General of Police, Gujarat State to ensure that all the police stations in the state have a panel of lawy.....
Tags : Gujarat High Court, Aid Victims of Sexual Assault Crimes
Supreme Court Approves AICTE's Revised Calendar for Academic Year 2022-2023(25.02.2022)
Supreme Court has approved the amended calendar for the academic year 2022-2023 as proposed by All India Council for Technical Education for admission.....
Tags : Supreme Court, AICTE's Revised Calendar
SC Issues Notice in Contempt Petition Over Failure to Pay Compensation to Victims(25.02.2022)
Supreme Court has issued notice in a contempt petition preferred by victims of spread of toxic pesticide called Endosulfan alleging failure on the par.....
Tags : Supreme Court, Failure to Pay Compensation to Victims
Orissa HC: Jurisdiction u/s 14 SARFAESI Act Can be Exercised Either by CJM or DM(25.02.2022)
Orissa High Court has held that jurisdiction under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security.....
Tags : Orissa High Court, Jurisdiction u/s 14 SARFAESI Act
AP HC Directs All Convicts and Under Trial Prisoners to be Released on Interim Bail(31.05.2021)
Andhra Pradesh High Court has directed that all convicts and under trial prisoners to be released on interim bail of 90 days who were readmitted to pr.....
Tags : Andhra Pradesh High Court, Release of Convicts and Under Trial Prisoners on Interim Bail
NGT Directs to Take Remedial Action Over Alleged Illegal Sand Mining in Hamirpur District(02.06.2021)
National Green Tribunal (NGT) has disposed of a plea with direction to the Chief Secretary, Uttar Pradesh, and District Magistrate, Hamirpur to take r.....
Tags : National Green Tribunal, Illegal Sand Mining in Hamirpur District
Orissa HC Dismisses Challenge to Retirement of Former Additional District & Sessions Judge(15.04.2022)
Orissa High Court has dismissed challenge to a notification which notified the decision to compulsorily retire a former Additional District & Sessions.....
Tags : Orissa High Court, Retirement of Former Additional District & Sessions Judge
Orissa HC: Revision Petition Not Maintainable Against District Court Appellate/Revisional Order(19.04.2022)
Orissa High Court has held that a revision petition under Section 115 of the Code of Civil Procedure Code,1908 is not maintainable before the High Co.....
Tags : Orissa High Court, under Section 115 of the Code of Civil Procedure ,1908, High Court, revisional jurisdiction
ITAT, Delhi: Fulfillment of Twin Conditions is Mandatory for Invoking Jurisdiction u/s 263(19.04.2022)
Income Tax Appellate Tribunal, Delhi has observed that fulfillment of twin conditions is obligatory for invoking the jurisdiction under section 263 of.....
Tags : Income Tax Appellate Tribunal, section 263 of the Income Tax Act, 1961, jurisdiction
Allahabad HC: Concurrent Sentences is Basic Rule Where Accused is Convicted for 2 or More Offences(20.04.2022)
Allahabad High Court has observed that if the accused is convicted for two or more different offences, arising out of one and the same transaction, th.....
Tags : Allahabad High Court, convicted, concurrently
Present Court ought not to interfere with impugned order, since provision of appeal under Section 22 of National Green Tribunal Act, 2010 is akin to that of second appeal(14.06.2019)
The present challenge under Article 227 of the Constitution of India has been directed against an order whereby the National Green Tribunal passed a d.....
Tags : Inspection, Jurisdiction, Appropriate forum
Delhi HC: Convict Not Entitled to Remission of Sentence While Undergoing Sentence(07.07.2021)
Delhi High Court has held that a convict is not entitled to remission of sentence while he is undergoing sentence in default of payment of fine under .....
Tags : Delhi High Court, Convict Not Entitled to Remission of Sentence
Madras HC: Set Off of Pre-Conviction Detention Permissible to Life Convict(08.07.2021)
Madras High Court has ruled that 'set off’ of pre-conviction detention under Section 428 of Code of Criminal Procedure, 1973 is permissible even for a.....
Tags : Madras High Court, Set Off of Pre-Conviction Detention
MP HC: Extraordinary Situation of Pandemic, Government Empowered to Put Restrictions(08.07.2021)
Madhya Pradesh High Court has observed that in the extraordinary situation of a pandemic or disaster involving loss of life and human suffering, the C.....
Tags : Madhya Pradesh High Court, Restrictions on Public
Rajasthan HC: Attempt to Resolve Civil Dispute by Invoking Criminal Jurisdiction is Abuse of Process(25.05.2022)
Rajasthan High Court has observed that the attempt of a complainant to get the civil dispute resolved by invoking jurisdiction of a criminal court amo.....
Tags : Rajasthan High Court, Civil Dispute, Criminal Jurisdiction
Orissa HC: Unlawful Possession Can't be Defended on Ground that Clause is Prospective in Nature(26.05.2022)
Orissa High Court has stated that an unlawful possession of a property, which does not bestow any right, cannot be defended only on the ground that th.....
Tags : Orissa High Court, Possession, Eviction
Madras HC Affirms Orders Convicting and Sentencing Auto-Rickshaw Driver for Sexual Harassment(13.07.2021)
Madras High Court has affirmed the orders of a lower Court convicting and sentencing an auto-rickshaw driver to seven years of rigorous imprisonment f.....
Tags : Madras High Court, Orders Convicting and Sentencing Auto-Rickshaw Driver for Sexual Harassment
AP High Court Asks State to List Reasons for Rise in Covid-19 Cases in 3 Districts(13.07.2021)
Andhra Pradesh High Court has sought State Government's response on the rise in Covid-19 cases in three particular districts of the State, namely- Eas.....
Tags : Andhra Pradesh High Court, Reasons for Rise in Covid-19 Cases in 3 Districts
RBI Imposes Restrictions on Mastercard from On-Boarding New Customers in India from July 22(15.07.2021)
Reserve Bank of India (RBI) while taking supervisory action on Mastercard Asia / Pacific Pte. Ltd. has imposed the restrictions on Mastercard from On-.....
Tags : Reserve Bank of India, Restrictions on Mastercard from On-Boarding New Customers
Delhi HC Grants Time to Centre to Respond to Plea to Ease Restrictions at Nizamuddin Markaz(19.07.2021)
Delhi High Court has granted a further two weeks' time to the Centre to respond to a petition by the Delhi Waqf Board seeking to ease restrictions at .....
Tags : Delhi High Court, Restrictions at Nizamuddin Markaz
Madras HC: Enforcement of a Foreign Arbitral Award can be Filed in More Than One High Court(01.06.2022)
Madras High Court has held that more than one High Court can exercise jurisdiction for the recognition and enforcement of an arbitral award if the cla.....
Tags : Madras High Court, Arbitral Award, Jurisdiction
Delhi HC Upholds Circular Restricting Foreign Travel of District Court Employees(03.06.2022)
Delhi High Court has upheld a circular stipulating that the city's district court employees can be allowed to visit a foreign country only during vaca.....
Tags : Delhi High Court, District Court Employees, Foreign Travel
When findings of trial court and High Court are shown to be perverse, the Supreme Court would certainly interfere with same(07.05.2019)
Present appeal arises out of the judgment passed by the High Court by which the High Court affirmed the conviction of Appellant-Accused No. 1 under Se.....
Tags : Conviction, Evidence, Credibility
Madras HC Issues Notice on Plea for Payment of Ex-Gratia to Covid Victims(15.06.2021)
Madras High Court has issued notice to the National Disaster Management Authority on a petition seeking ex-gratia payment to families of persons who h.....
Tags : Madras High Court, Payment of Ex-Gratia to Covid Victims
ITAT, Kolkata: Limitation for Revisionary Jurisdiction Runs from Assessment Date Order(06.04.2022)
Income Tax Appellate Tribunal, Kolkata has observed that the limitation period for exercising revisionary jurisdiction runs from the date of assessmen.....
Tags : Income Tax Appellate Tribunal, Kolkata, limitation period, revisionary jurisdiction, assessment order, Section 263 of Income Tax Act, 1961
ITAT, Mumbai: Revisional Jurisdiction Invoked for Lack of Inquiry, Not for Inadequate Inquiry(08.04.2022)
Income Tax Appellate Tribunal, Mumbai has ruled that the revisional jurisdiction can be invoked only for lack of inquiry and not for inadequate inquir.....
Tags : Income Tax Appellate Tribunal, Revisional Jurisdiction, lack of inquiry, section 263, Income Tax Act, 1961
Delhi HC: Petition Under Article 227 Based on Violation of Legal Provisions Can't Be Allowed(08.04.2022)
Delhi High Court has ruled that a petition under Article 227 of the Constitution of India, 1949 cannot be allowed against an order passed under Sectio.....
Tags : Delhi High Court, Section 16(3), Arbitration and Conciliation Act, 1996, Article 227, Constitution, Tribunal, Jurisdiction
ITAT, Mumbai: Revisional Jurisdiction Can be Invoked for Lack of Inquiry, Not for Inadequate Inquiry(11.04.2022)
Income Tax Appellate Tribunal, Mumbai has observed that the revisional jurisdiction under section 263 of the Income Tax Act, 1961 can be invoked only .....
Tags : Income Tax Appellate Tribunal, revisional jurisdiction, section 263 of the Income Tax Act, 1961, lack of inquiry, inadequate inquiry
Allahabad HC: Section 6 of GST Act is Enacted to Avoid Possibility of Conflicting Orders(11.04.2022)
Allahabad High Court has observed that section 6 of Goods and Services Tax Act, 2017 is enacted to avoid possibility of orders of conflict and holds n.....
Tags : Allahabad High Court, section 6 of Goods and Services Tax Act 2017, jurisdiction
J&K HC Grants 10 Days' Time to Government to File Status/Compliance on Eviction of Former Ministers(18.09.2020)
Jammu & Kashmir High Court has granted the Government, 10 days' time to update the status/ compliance, as regards the directions passed by the Court q.....
Tags : Jammu and Kashmir High Court, Eviction of Former Ministers
SC: Writ Petition Can be Entertained Only if Lack of Inherent Jurisdiction in Arbitrator's Order(21.09.2020)
Supreme Court has observed that a Petition under Article 227 of the Constitution of India, 1949 against dismissal of a Petition under Section 16 of th.....
Tags : Supreme Court, Lack of Inherent Jurisdiction
Supreme Court Grants Centre 4 Weeks Time Extension to Frame Guidelines(17.08.2021)
Supreme Court has granted four weeks time to the Centre to frame guidelines making recommendations for payment of ex-gratia assistance to dependents o.....
Tags : Supreme Court, Guidelines for Dependents of Covid Victims
Bombay High Court Allows Muharram Procession with Strict Conditions(18.08.2021)
Bombay High Court has allowed a Shia-Muslim Trust to perform Muharram rituals on 20th August, 2021, the tenth day of Muharram (Ashura), by adhereing t.....
Tags : Bombay High Court, Muharram Procession with Strict Conditions
SC Grants 2 Weeks Time for Unauthorized Occupants to Vacate Kalkaji Temple Premises(29.06.2022)
Supreme Court while refusing to interfere with plea challenging eviction order passed by Delhi High Court, has granted 2 weeks time to some unauthoriz.....
Tags : Supreme Court, Kalkaji Temple Premises, Eviction
Kar. HC: Accused Can't be Convicted for Charge Which is Not Framed by Trial Court(30.06.2022)
Karnataka High Court has set aside the conviction under the Prevention of Food Adulteration Act by the trial court for a charge which it did not frame.....
Tags : Karnataka High Court, Conviction, Charge
A conflict or contradiction between ocular and medical evidence has to be direct and material(19.03.2018)
The instant appeal has been filed against the impugned judgment/order passed by the trial Court in FIR registered under Sections 363-A, 376 of Indian .....
Tags : Conviction, Validity, Evidence, Credibility
Right of private defence is not available, when assailants are unarmed(23.04.2019)
The challenge in the present appeal is to an order passed by the High Court maintaining conviction for offences under Sections 302 and 324 of Indian P.....
Tags : Conviction, Validity, Private defence, Proof
Allahabad HC: Proviso on Recording of Sexual Offence Victim’s Statement Not Being Followed(16.08.2021)
Allahabad High Court has observed that in majority of cases, 1st and 2nd proviso to Section 161 (3) of the Code of Criminal Procedure, 1973, which man.....
Tags : Allahabad High Court, Proviso on Recording of Sexual Offence Victim’s Statement
HP HC: Petition U/S 11 of A&C Act Would be Non-Maintainable After Filing Petition U/S 13 of A&C Act(07.07.2022)
Himachal Pradesh High Court has held that a party cannot file a petition under Section 11 of the Arbitration and Conciliation (A&C) Act after it has a.....
Tags : Himachal Pradesh High Court, Arbitration and Conciliation, Jurisdiction
SC: Plea of Territorial Jurisdiction Cannot be Entertained in a Transfer Petition U/S 25 CPC(07.07.2022)
Supreme Court has held that its jurisdiction under Section 25 of Civil Procedure Code (CPC) cannot be extended to determine the question of territoria.....
Tags : Supreme Court, Territorial Jurisdiction, Transfer Petition
Delhi Court: No Preferential Treatment to Convicts Only on Account of Gender(07.07.2022)
Delhi Court while awarding five year jail to 40 years old woman for dealing in fake currency has held that a convict cannot claim preferential treatme.....
Tags : Delhi Court, Preferential Treatment, Convict
Allahabad HC: HC Can Grant Transit Anticipatory Bail in Offences Registered Outside its Jurisdiction(07.07.2022)
Allahabad High Court has held that a High Court has the power to grant transit anticipatory bail to an accused in connection with an offence registere.....
Tags : Allahabad High Court, Transit Anticipatory Bail, Jurisdiction
SC: Landlord Entitled to Mesne Profits from Tenant When Execution of Eviction Decree is Stayed(08.07.2022)
Supreme Court has held that once a decree for eviction is stayed, it is necessary for the appellate court to fix the mesne profits to be paid by the t.....
Tags : Supreme Court, Mesne Profit, Tenant, Eviction Decree
Purpose of a review application is limited and it cannot be used as a tool to re-argue what has already been decided(28.05.2019)
The present Review Petition has been filed by the Petitioner seeking review of the order passed in Contempt Case. The Respondent/DDA submitted that, i.....
Tags : Review jurisdiction, Power, Invocation
When self-contained machinery for settlement of disputes by means of arbitration is prescribed under provisions of Chit Funds Act, then it could not be varied by a private agreement between parties(18.07.2019)
By present petitions filed under Section 34 of the Arbitration and Conciliation Act, 1996, the Petitioner has impugned the arbitral awards, thereby al.....
Tags : Dispute, Adjudication, Jurisdiction
Not Necessary to Appoint Prosecutor of Victim's Choice Under SC/ST Act: Delhi HC(28.01.2019)
Delhi High Court has held that it is not necessary for the Magistrate to appoint an advocate of the victim's choice to act as the public prosecutor un.....
Tags : Delhi High Court, Not Necessary to Appoint Prosecutor of Victim's Choice Under SC/ST Act
SC: No Conviction Under Section 304B IPC if Unnatural Death is Not Established(07.12.2020)
Supreme Court has held that the offence of dowry death under Section 304B of the Indian Penal Code, 1860 cannot be made out if the cause of death has .....
Tags : Supreme Court, Dowry Death Conviction
MP HC: Once Jurisdictional Challenge Is Rejected, Party Has To Wait Till Stage of S. 34 Proceedings(09.09.2021)
Madhya Pradesh High Court has reiterated that the Arbitration and Conciliation Act, 1996 is a self contained code dealing with every aspect of arbitra.....
Tags : Madhya Pradesh High Court, Rejection of Jurisdictional Challenge
Madras HC Issues Directions to State for Rehabilitation of Victims and Families(14.09.2021)
Madras High Court has issued a host of directions to the State government for the rehabilitation of the victims and their families of the 2018 inciden.....
Tags : Madras High Court, Rehabilitation of Victims and Families
Bombay HC: Child in Conflict With Law Can Seek Anticipatory Bail(18.07.2022)
Bombay High Court has held that a child in conflict with law as per the Juvenile Justice (Care and Protection of Children) Act, 2015 can file an appli.....
Tags : Bombay High Court, Child in Conflict With Law, Anticipatory Bail
SC: Defendant in Eviction Suit Can't Enjoy Property During Pendency Without Depositing Rent(18.07.2022)
Supreme Court has held that a defendant cannot enjoy the property during pendency of suit without depositing the amount of rent/damages by merely deny.....
Tags : Supreme Court, Eviction Suit, Rent
Wilful conduct which is likely to drive the woman to commit suicide is necessary for conviction under Section 498A of IPC(18.07.2019)
In facts of present case, FIR was registered on the statement of PW-11, the mother of the deceased. A charge sheet was filed. Later, charges were fram.....
Tags : Conviction, Legality, Dowry demand, Proof
Offence of attempt to murder is a serious offence, in proving its commission; prosecution is required to prove basic ingredients of murder short of death(15.07.2019)
By the instant Regular Appeal under Section 374 of Code of Criminal Procedure, 1973 (CrPC), the Appellant assails the judgment where-under, the Appell.....
Tags : Conviction, Injury, Nature
Jurisdiction of civil Courts cannot be completely taken away in spite of either an express or implied bar(19.08.2019)
The order of assessment and the demand for payment of property tax made on the Respondents was the subject matter of challenge in a civil suit filed b.....
Tags : Civil Courts, Jurisdiction, Suit, Maintainability
ITAT, Indore: Revisional Jurisdiction Cannot be Invoked if Assessment Orders Not Erroneous(30.06.2021)
Income Tax Appellate Tribunal (ITAT), Indore has held that revisional jurisdiction under Section 263 of the Income Tax Act, 1961 cannot be invoked if .....
Tags : Income Tax Appellate Tribunal, Revisional Jurisdiction
Delhi HC Held That Writ Jurisdiction Cannot be Entertained If there is Alternative Remedy(05.05.2022)
Delhi High Court has declined to quash a re-assessment order on the ground that there was no violation of natural justice and the writ jurisdiction un.....
Tags : Writ Jurisdiction, Alternative Remedy, Article 226
Madras HC: Convicted Prisoner Has No Fundamental or Statutory Right to be Released Prematurely(12.05.2022)
Madras High Court while considering a petition filed by the mother of a life convict Hariharan challenging the Government order rejecting his prematur.....
Tags : Madras High Court, life convict, statutory right
Allahabad HC quashes Re-Assessment Order; Says Notice Issued Without Jurisdiction is Invalid(12.05.2022)
Allahabad High Court has held that once the notice under Section 148 of the Income Tax Act, 1961, issued by the assessing authority was declared witho.....
Tags : Allahabad High Court, Section 148, Income Tax Act, 1961, jurisdiction
Allahabad HC Quashes Re-Assessment Order; Says Notice Issued Without Jurisdiction is Invalid(12.05.2022)
Allahabad High Court has held that once the notice under Section 148 of the Income Tax Act, 1961, issued by the assessing authority was declared witho.....
Tags : Allahabad High Court, Section 148, Income Tax Act, 1961, jurisdiction
Calcutta HC: Writ Court Cannot Impose Penalty In Exercise of Plenary Jurisdiction(13.05.2022)
Calcutta High Court has ruled that a writ Court in exercise of its powers under Article 226 of the Constitution cannot inflict a penalty which is not .....
Tags : Calcutta High Court, writ Court, Article 226, plenary jurisdiction
If basic ingredients of offence alleged are altogether absent, it is open to High Court to quash criminal proceedings(31.07.2019)
Present appeal is against a judgment passed by the High Court dismissing Criminal Petition filed by the Appellant under Section 482 of the Code of Cri.....
Tags : Proceedings, Quashing of, Jurisdiction
Mere existence of alternate forums does not create a legal bar on a High Court to exercise its writ jurisdiction(29.07.2019)
In present matter, the second Respondent, the All India Chess Federation is a society registered under the Societies Registration Act, 1860. It is a c.....
Tags : Legal bar, Clause, Jurisdiction
Conviction on basis of a solitary eye witness is sustainable only if there is reliable evidence proving guilt of accused(06.08.2019)
In facts of present case, the two Appellants have been convicted under Sections 302, 149 and 148 of the Indian Penal Code (IPC). The Appellants submit.....
Tags : Conviction, Evidence, Credibility
Madras HC Orders Notice on Election Petition Challenging Victory from Katpadi Assembly Constituency(27.07.2021)
Madras High Court has ordered notice to Minister for Water Resources Duraimurugan on an election petition challenging his victory from Katpadi Assembl.....
Tags : Madras High Court, Election Petition Challenging Victory from Katpadi Assembly Constituency
Kerala HC Orders Release of 61-year-old Convict Who Spent 18 Years in Prison in 14 Cases(28.07.2021)
Kerala High Court has granted relief to a 61-year-old man who had spent over 18 years behind bars for sentences awarded to him in 14 criminal cases pe.....
Tags : Kerala High Court, Release of 61-year-old Convict
Gujarat HC Refuses to Suspend Sentence of Man Convicted for Acid Attack(28.07.2021)
Gujarat High Court has refused to suspend the sentence of a man convicted under Section 326A of the Indian Penal Court, 1860 stressing that the Court .....
Tags : Gujarat High Court, Suspension of Sentence of Man Convicted for Acid Attack
Calcutta to State: Disburse Funds for Victim Compensation in 6 Weeks(23.06.2022)
Calcutta High Court while directing the State government to ensure disbursal of adequate funds within 6 weeks has reprimanded State Legal Services Aut.....
Tags : Calcutta High Court, Victim Compensation, State Legal Services Authority
Bombay HC: Daughter's Glossy Instagram Pictures Not Conclusive Proof of Income(23.06.2022)
Bombay High Court while refusing to modify the maintenance amount payable by a father to his major daughter has held that her glossy Instagram photogr.....
Tags : Bombay High Court, Major Daughter, Instagram Pictures
Allahabad HC: Writ Maintainable at Lucknow Seat if a Part of Cause Of Action Arose in Areas of Oudh(23.06.2022)
Allahabad High Court has held that a party has the option to attract the jurisdiction of the Lucknow seat of the Allahabad High Court even if a part o.....
Tags : Allahabad High Court, Writ, Lucknow Jurisdiction
When there is an eye witness to occurrence corroborated by other evidence, non-establishment of motive behind the crime is not fatal to prosecution(28.11.2017)
Appeal is against the judgment of conviction and order of sentence passed under Section 302 of Indian Penal Code, 1860 (IPC) against the Accused/Appel.....
Tags : Conviction, Legality, Evidence, Corroboration
Person can be convicted under Prevention of Food Adulteration Act, 1954 even if there is marginal deviation from prescribed standard(04.10.2019)
In facts of present case, on 30th October, 1995 a sample of milk was collected from the Appellant by the Food Inspector. The same was sent to the Publ.....
Tags : Adulteration, Conviction, Legality
When there was no premeditation on part of Accused and occurrence took place suddenly, offence would fall under Exception 4 to Section 300 of IPC(27.08.2019)
Present appeal arises out of the judgment passed by the High Court by which the High Court affirmed the conviction of the Appellant-Accused under Sect.....
Tags : Conviction, Sentence, Legality
Bombay HC Extends All Interim Orders Relating to Eviction, Demolition & Dispossession(30.10.2020)
Bombay High Court has directed extension of all interim orders relating to eviction, demolition and dispossession by the High Court as well as subordi.....
Tags : Bombay High Court, Extension of Interim Orders on Eviction, Demolition & Dispossession
Patna HC: No Provision Providing for Right to Appeal by Victim Seeking Enhancement of Sentence(31.08.2021)
Patna High Court has observed that there is no provision under the Code of Criminal Procedure, 1973 which provides for a right to appeal by the 'victi.....
Tags : Patna High Court, Right to Appeal by Victim
SC Reduces Sentence as Man Convicted U/s 498A IPC Agrees to Pay Compensation to Wife & Children(01.09.2021)
Supreme Court has reduced sentence awarded to a man convicted under section 498A of Indian Penal Code, 1860 to period already undergone after he agree.....
Tags : Supreme Court, Man Convicted U/s 498A IPC
Delhi HC: Satyendar Jain Can’t be Disqualified from Legislative Assembly Under Writ Jurisdiction(22.08.2022)
Delhi High Court has held that in exercise of writ jurisdiction under Article 226, the Court cannot declare Jain as a person with unsound mind and can.....
Tags : Delhi High Court, Satyendar Jain, Writ Jurisdiction
Bombay HC: Rape Convict's Advanced Age & Regular Attendance No Reason for Lesser Sentence(22.08.2022)
Bombay High Court while enhancing the prison sentence of a man who raped his deaf and mute sister-in-law in 2005, has held that a rape convict's advan.....
Tags : Bombay High Court, Rape Convict, Minimum Punishment
Kerala HC: District Collectors Will be Answerable for Accidents Caused by Road Potholes(22.08.2022)
Kerala High Court has ordered that every future road accident caused by potholes would have to be explained by District Collectors, and directed that .....
Tags : Kerala High Court, Potholes, Road Accidents, District Collectors
Calcutta HC Modifies Order on Entry Restrictions in Durga Puja Pandals(22.10.2020)
Calcutta High Court has modified its order making Durga Puja pandals as no-entry zones to allow Dhakis, traditional drummers who play Dhak, in the no-.....
Tags : Calcutta High Court, Entry Restrictions in Durga Puja Pandals
Delhi HC Directs Delhi Government to Release Funds for Requirements of District Courts(22.10.2020)
Delhi High Court has directed the Delhi Government to release funds for requirements of District Courts starting with funds for purchasing 20% of the .....
Tags : Delhi High Court, Release Funds for Requirements of District Courts
Punjab and Haryana HC Upholds Eviction Order Passed Against Son and Wife(28.09.2021)
Punjab and Haryana High Court has upheld an eviction order passed against a son and his wife at the instance of the father under the Maintenance and W.....
Tags : Punjab and Haryana High Court, Eviction Order Passed Against Son and Wife
Delhi High Court, District Courts To Continue With Restricted Physical Hearings Till October 30(01.10.2021)
Delhi High Court and District Courts will continue to function with restricted physical hearings till 30th October, 2021. Further, the cases institute.....
Tags : Delhi High Court, Restricted Physical Hearings
Bombay HC Refuses Mentally Challenged Rape Victim to Terminate 35-Week Pregnancy Citing Health Risk(08.08.2022)
Bombay High Court has refused to allow a mentally challenged rape victim to terminate her 35-week (8.5 months) pregnancy after a board of medical expe.....
Tags : Bombay High Court, Abortion, Mentally Challenged, Rape Victim
SC: Can't Entertain Plea to Declare Minorities at District Level(08.08.2022)
Supreme Court has held that it cannot entertain a prayer to identify religious and linguistic minorities at district level, as it is contrary to the p.....
Tags : Supreme Court, Minorities, District Level
Convincing evidence on recoveries given by Investigating Officer could not be rejected merely because panch witness had turned hostile(26.08.2019)
By present revision application, the Applicant (original accused) has challenged judgments and orders of two Courts below, whereby he stood convicted .....
Tags : Conviction, Evidence, Credibility
Exercise of powers under Article 227 of Constitution is not affected in any manner by presence of alternate remedy but the power is to be exercised sparingly(11.11.2019)
The brief facts as noted, is that the Petitioner herein had filed a suit for permanent injunction against the Respondent in claiming right title and i.....
Tags : Jurisdiction, Application, Maintainability
Evidence of official witnesses cannot be distrusted and disbelieved, merely on account of their official status(06.01.2020)
Present Criminal Appeal is filed by the sole Accused, aggrieved by the judgment passed in Criminal Appeal by the High Court. The Appellant herein was .....
Tags : Conviction, Evidence, Credibility
A mere error, omission or irregularity in sanction is not fatal unless it has resulted in a failure of justice(27.11.2019)
The impugned judgment passed by the High Court upholding conviction of the Appellant under Sections 7 and 13 of the Prevention of Corruption Act, 1988.....
Tags : Conviction, Legality
SC Sets Aside Grant of Furlough to Self-Proclaimed Godman and Rape Convict Asaram’s Son(20.10.2021)
Supreme Court has set aside the grant of two weeks' furlough to self-proclaimed godman and rape convict Asaram's son Narayan Sai who is also serving l.....
Tags : Supreme Court, Furlough to Self-Proclaimed Godman and Rape Convict Asaram’s Son
Telangana High Court Permits Minor Rape Victim to Abort 26 Week Old Foetus(20.10.2021)
Telangana High Court has recently permitted a minor rape victim to terminate her 26 week old pregnancy by observing that the life of the foetus or the.....
Tags : Telangana High Court, Abortion of Minor Rape Victim
Allahabad HC to State: Consider Relocating Hathras Victim's Family Members Within State(28.07.2022)
Allahabad High Court has directed State to consider relocation of Hathras victim’s family to any other place within the State outside Hathras keeping .....
Tags : Allahabad High Court, Relocation, Hathras Victim
Del HC: Court’s Jurisdiction in Quo Warranto Writ Limited to Cases Where Office Bearer is Ineligible(28.07.2022)
Delhi High Court has held that the jurisdiction of the Court while issuing a writ of quo warranto is limited to cases where the person holding public .....
Tags : Delhi High Court, Quo Warranto, Jurisdiction, Eligibility
Gujarat HC: Yes Bank is a Private Entity And Not Amenable to Writ Jurisdiction(28.07.2022)
Gujarat High Court has held that 30% shareholding of State Bank of India (SBI) cannot make Yes Bank a State under Article 12 of Constitution, and ther.....
Tags : Gujarat High Court, Yes Bank, Writ Jurisdiction, State
Allahabad HC: No Conviction Under SC/ST Act if Offence Not Committed on Ground of Victim's Caste(29.07.2022)
Allahabad High Court has held that to prosecute a person for an offence committed under Section 3(2)(v) of the SC/ST Act, there must be evidence that .....
Tags : Allahabad High Court, SC/ST Act, Caste, Conviction
In a criminal case, remand is not to be ordered as a matter of course(17.12.2019)
Present appeals are directed against the judgment passed by the High Court whereby it allowed the appeal filed by the State, set aside the acquittal o.....
Tags : Conviction, Remand, Legality
Delhi High Court Convicts 'Barely 17 Years Old Boy' for Rape as He Fails to Claim Juvenility(05.02.2020)
Delhi High Court has convicted and sentenced a minor boy under the Indian Penal Code, 1860 and the Protection of Children from Sexual Offences Act, 20.....
Tags : Delhi High Court, Conviction of Juvenile
Supreme Court Gives Rs 1 Crore to Accident Victim(06.02.2020)
Supreme Court has come to the rescue of a 12 year old girl who met with an accident a decade ago which led to 100 percent physical disability and left.....
Tags : Supreme Court, Accident Victim
HP HC: Victim Sending Friend Request Does Not Liberty to Accused to Establish Sexual Relations(05.02.2021)
Himachal Pradesh High Court has observed that just because the victim sent a friend request to the accused does not give him the right and liberty to .....
Tags : Himachal Pradesh High Court, Victim Sending Friend Request
Madras HC: Article 226 Empower High Court to Exercise Writ Jurisdiction at Pre-Detention Stage(08.02.2021)
Madras High Court has held that Article 226 of the Constitution of India, 1949 empowers the High Court to exercise its writ jurisdiction even at a pre.....
Tags : Madras High Court, Writ Jurisdiction at Pre-Detention Stage
District Court Refuses Second Bail Plea of Co-Accused Sadaqat Khan in Munawar Faruqui Case(11.02.2021)
District and Sessions Court, Indore has rejected the second bail plea of Sadaqat Khan, the person who was arrested along with Comedian Munawar Faruqui.....
Tags : District Court, Munawar Faruqui Case
Allahabad HC: Victim Has No Right to Drop Case of Non-Compoundable Offence of Heinous Nature(29.09.2022)
Allahabad High Court has held that a victim has no right in law to drop case of non-compoundable offence of heinous nature which badly affects society.....
Tags : Allahabad High Court, Victim, Non-Compoundable, Prosecution
SC Directs States to File Reports with NALSA on Pending Applications of Convicts Seeking Remission(03.02.2021)
Supreme Court has directed all States to file reports through their respective State Legal Services Authorities (SLSA) to National Legal Services Auth.....
Tags : Supreme Court, Pending Applications of Convicts Seeking Remission
Calcutta HC: Writ Jurisdiction Can be Invoked Despite Availability of Alternative Remedy(03.02.2021)
Calcutta High Court has held that a writ petition Article 226 of the Constitution of India, 1949, challenging the jurisdiction of National Company Law.....
Tags : Calcutta High Court, Writ Jurisdiction
Karnataka High Court Extends Parole Leave of Convict to Get Treated from Doctor of His Choice(13.12.2021)
Karnataka High Court has extended the parole leave of a convict by ten days, allowing him to take medical treatment from a doctor of his choice.
Tags : Karnataka High Court, Parole Leave of Convict
Calcutta HC Seeks Response on Printing of Subhash Chandra Bose's Picture on Currency Notes(14.12.2021)
Calcutta High Court has sought the Union government's response in a Public Interest Litigation (PIL) seeking directions to print images of Netaji Subh.....
Tags : Calcutta High Court, Printing of Subhash Chandra Bose's Picture on Currency Notes
Uttarakhand HC: Court Where Minor Ordinarily Resides, Has Jurisdiction Under Guardians & Wards Act(12.09.2022)
Uttarakhand High Court has held that an application with respect to the guardianship of a minor has to be made to the District Court having jurisdicti.....
Tags : Uttarakhand High Court, Guardianship, Minor, Jurisdiction
SC: Policy for Premature Release of Life Convict Must Be Implemented in Objective/Transparent Manner(12.09.2022)
Supreme Court has held that State must implement its policy for premature release of life convicts in an objective and transparent manner; the Court a.....
Tags : Supreme Court, Remission, Life Convicts
Calcutta HC Directs to Frame Policy Regarding Horse Carriages Plying Near Victoria Memorial(19.01.2022)
Calcutta High Court has directed the State government to frame a policy to address the deplorable condition of horses used to haul tourist carriages n.....
Tags : Calcutta High Court, Horse Carriages Plying Near Victoria Memorial
SC Directs States Not to Reject Applications/Claims of Kin/Family Members of COVID Victims(20.01.2022)
Supreme Court has directed the States not to reject applications/claims of the kin/family members of persons who have succumbed to COVID-19 on technic.....
Tags : Supreme Court, Claims of COVID Victims
ITAT, Ahmedabad: Mere Change of Opinion Cannot be Ground Invoking Revisional Jurisdiction(24.01.2022)
Income Tax Appellate Tribunal (ITAT), Ahmedabad, has held that a mere change of opinion cannot be a ground for invoking revisional jurisdiction under .....
Tags : Income Tax Appellate Tribunal, Revisional Jurisdiction
SC: Victim's Right to Appeal Against Acquittal Absolute, Not Necessary to Obtain Special Leave(27.01.2022)
Supreme Court has observed that the right provided to the victim to prefer an appeal against the order of acquittal is an absolute right and there is .....
Tags : Supreme Court, Victim's Right to Appeal
Cal. HC: Writ Jurisdiction Can be Invoked for Commercial Transaction Involving Element of Public Law(05.12.2022)
Calcutta High Court has held that writ jurisdiction of High Courts is invocable even for cases involving ordinary commercial transactions between priv.....
Tags : Calcutta High Court, Public Law, Writ Jurisdiction
Ker. HC: Court in Whose Limits Employee Draws Pension Has Jurisdiction to Hear Plea for Dues(06.12.2022)
Kerala High Court while observing that convenience of retired employee must be given preference in petitions filed for claiming terminal benefits due .....
Tags : Kerala High Court, Pension, Jurisdiction
Bonafide necessity would lie only if there is a bonafide need as distinct from a mere desire for additional space(18.10.2019)
Petitioner impugns order whereby the leave to defend application of the Petitioner has been dismissed and an eviction order passed. Eviction petition .....
Tags : Eviction, Leave to defend, Entitlement
Accused is obliged to furnish explanation under Section 313 of CrPC with regard to circumstances under which deceased met an unnatural death inside the house(07.11.2019)
The Appellant, husband of the deceased, is aggrieved by his conviction under Section 302 of the Indian Penal Code, 1860 (IPC) affirmed by the High Cou.....
Tags : Conviction, Circumstantial Evidence, Credibility
Uttarakhand HC: Inherent Jurisdiction Must Not be Exercised Arbitrarily(09.02.2022)
Uttarakhand High Court has reiterated that inherent jurisdiction under Section 482 of Code of Criminal Procedure, 1973 must not be exercised arbitrari.....
Tags : Uttarakhand High Court, Inherent Jurisdiction
Allahabad HC Sets Aside Life Sentence of Murder Convict in Case from 1980(14.02.2022)
Allahabad High Court has set aside the life sentence of a murder convict in a case that dates back to the year 1980, after concluding that the testimo.....
Tags : Allahabad High Court, Murder Convict in Case from 1980
Rajasthan HC: Disputed Question of Title of Plot Outside Scope of Extraordinary Writ Jurisdiction(14.02.2022)
Rajasthan High Court has observed that the disputed question of fact regarding title of the plot in question cannot be gone into by the High Court whi.....
Tags : Rajasthan High Court, Scope of Extraordinary Writ Jurisdiction
Delhi HC Questions NGO Over Alleged Denial to Meet Shahdara Gangrape Case Victim(15.02.2022)
Delhi High Court has told an NGO United Sikhs, who alleged that it was denied meeting the victim and family of the recent Shahdara gangrape case, as t.....
Tags : Delhi High Court, Shahdara Gangrape Case Victim
SC: Can’t Convict Accused Solely on The Basis of ‘Last Seen’ Circumstance(18.01.2023)
Supreme Court while setting aside concurrent conviction of murder accused has held that ‘last seen’ doctrine has limited application and court should .....
Tags : Supreme Court, Concurrent Conviction, Last Seen Theory
P&H HC: Person Can Raise Plea of Juvenility Even After Conviction(18.01.2023)
Punjab and Haryana High Court has held that plea of juvenility can be raised by a person even after his conviction and sentence, as per which plea, th.....
Tags : Punjab and Haryana High Court, Juvenility, Conviction
Measure of punishment should be proportionate to gravity of offence, to protect society and to deter criminal in achieving avowed object of law(24.01.2019)
Present Criminal Appeal has been filed by convict Appellant against judgment passed by Additional Sessions Judge/Special Judge related with Case Crime.....
Tags : Conviction, Legality, Circumstantial evidence
High Court can intervene if NCLT passes order in matter relating to Public Law(03.12.2019)
Two seminal questions of importance raised in present matter is whether the High Court ought to interfere, under Article 226/227 of the Constitution o.....
Tags : NCLT, Jurisdiction, Public law
Cheque drawn and issued by a person to the complainant, in discharge of debt owed by another person to complainant, comes within purview of Section 138 of NI Act(09.12.2019)
In facts of present case, the trial court found the Petitioner guilty of the offence punishable under Section 138 of the Negotiable Instruments Act, 1.....
Tags : Conviction, Sentence, Legality
SC: Low Age of Rape Victim Not Sufficient Factor to Impose Death Sentence(10.11.2021)
Supreme Court has observed that the low age of the rape victim is not considered as the only or sufficient factor for imposing a death sentence. The C.....
Tags : Supreme Court, Low Age of Rape Victim
Rajasthan HC: POCSO Convict Serving Life Sentence was Granted 15-Day Parole for Purpose of Progeny(17.10.2022)
Rajasthan High Court has granted 15-day parole to a life convict on a petition filed by his wife, who is issueless and is desirous of retaining/mainta.....
Tags : Rajasthan High Court, life convict, marriage
SC: Gujarat Govt's Response in Bilkis Bano Case 'Very Bulky'(19.10.2022)
Supreme Court has said that Gujarat government's response to petitions challenging the remission granted to 11 convicts in the Bilkis Bano case is "ve.....
Tags : Supreme Court , Bilkis Bano, convicts
Delhi HC Upholds Conviction, Life Sentence of Man For Rape of 1-Year-Old Niece(19.10.2022)
Delhi High Court while noting the alarming rise in the number of sexual offences against minors, has upheld the conviction and life sentence of a man .....
Tags : Delhi High Court, niece, conviction, sexual
J&K&L HC to Medical Board: Take Fresh Decision on Minor Rape Victim's Pregnancy of 23 Weeks(27.10.2022)
Jammu and Kashmir and Ladakh High Court has directed a medical board in Srinagar to undertake a fresh medical check of a minor rape victim to take a f.....
Tags : Jammu and Kashmir and Ladakh High Court, Abortion, Rape Victim
Delhi HC Directs Release of Child in Conflict with Law Incarcerated in Observation Home(23.12.2021)
Delhi High Court has directed the release of a child in conflict with law who was incarcerated in an observation home despite an order passed by the J.....
Tags : Delhi High Court, Child in Conflict with Law Incarcerated in Observation Home
Central Government Notifies Rules on Revision of Pecuniary Jurisdiction of Consumer Commissions(31.12.2021)
Central Government has notified new rules to revise pecuniary jurisdiction for entertaining consumer complaints at district, state and national level .....
Tags : Central Government, Pecuniary Jurisdiction of Consumer Commissions
SC: NCLT Can’t Exercise Parallel Jurisdiction With SEBI for Addressing Violations of SEBI Regulation(05.01.2023)
Supreme Court has held that National Company Law Tribunal (NCLT) cannot exercise a parallel jurisdiction with Securities and Exchange Board of India (.....
Tags : Supreme Court, NCLT, Parallel Jurisdiction, SEBI
SC: NCLT Can’t Exercise Parallel Jurisdiction With SEBI for Addressing Violations of SEBI Regulation(05.01.2023)
Supreme Court has held that National Company Law Tribunal (NCLT) cannot exercise a parallel jurisdiction with Securities and Exchange Board of India (.....
Tags : Supreme Court, NCLT, Parallel Jurisdiction, SEBI
Kar. HC: RERA Has No Authority Over Projects Granted Partial OC Prior to Enforcement of Act(05.01.2023)
Karnataka High Court has held that due to issuance of occupancy certificate (OC) prior to enforcement of Act, the project loses its character, as an o.....
Tags : Karnataka High Court, Occupancy Certificate, RERA, Jurisdiction, Ongoing Project
SC Refuses to Stay Eviction Notices Against Unauthorised Occupants in Kalkaji Temple Premises(10.01.2023)
Supreme Court has refused to entertain applications seeking stay of eviction notices issued to occupants of the encroachments within the Kalkaji Templ.....
Tags : Supreme Court, Kalkaji Temple, Unauthorized Occupants, Eviction
For not keeping his promise to marry the victim, the Appellant can certainly not be convicted and sentenced for rape(29.03.2018)
The Appellant has been convicted under Section 376 of Indian Penal Code, 1860 (IPC) vide judgment passed by the learned 2nd Additional District & Sess.....
Tags : Rape, Conviction, Validity
Jurisdiction of the Court is required to be determined with respect to the situs of the property(07.04.2018)
In facts of present case, the Respondents filed a suit for declaration seeking to declare a communication dated 04th October, 2013 issued by Petitione.....
Tags : Suit, Situs, Jurisdiction
Benefit of doubt given to an Accused must always be reasonable and not fanciful(12.03.2019)
In present matter, the First Additional Sessions Judge, vide judgment convicted the Accused/Appellant for the offences punishable under Sections 363, .....
Tags : Conviction, Sentence, Validity
The jurisdiction of the Court to grant bail is circumscribed by the provisions of Section 37 of the Narcotics Drugs and Psychotropic Substances Act, 1985(24.01.2020)
The appellant-prosecution had challenged the direction exercised by the learned Single Judge of the Kerala High Court in granting post- arrest bail to.....
Tags : Jurisdiction, Narcotics
A paper-cutter is a 'deadly weapon' to secure a conviction for committing robbery with an attempt to cause death(03.02.2020)
The Appellant has filed the present appeal impugning a judgment, whereby he was convicted for the offences punishable under Sections 392/397 of the In.....
Tags : Robbery, Conviction, Legality
SC Seeks Response to 1993 Bombay Blast Convict Argument on Restraint on Extension of Imprisonment(03.02.2022)
Supreme Court has sought the response of the Central Government to 1993 Bombay blast convict Abu Salem's argument that his imprisonment cannot extend .....
Tags : Supreme Court, 1993 Bombay Blast Convict
Gujarat HC: Appellate Court Cannot Substitute Own View by Reversing Acquittal Into Conviction(04.02.2022)
Gujarat High Court has held that while dealing with the judgment of acquittal, the Appellate Court cannot substitute its own view by reversing the acq.....
Tags : Gujarat High Court, Reversing Acquittal Into Conviction
Allahabad HC Sets Aside Life Sentence of Murder Convict Due to False Statement of Eyewitness(07.02.2022)
Allahabad High Court has set aside the life sentence of a murder convict in a case that dates back to the year 1998, after concluding that the testimo.....
Tags : Allahabad High Court, Life Sentence of Murder Convict
Uttarakhand High Court Allows Termination of Foetus of Rape Victim(07.02.2022)
Uttarakhand High Court has allowed the termination of a 28 weeks foetus of a rape victim, granting relief to the victim. The Court has held that there.....
Tags : Uttarakhand High Court, Termination of Foetus of Rape Victim
Kar. HC: Petition to Quash S. 138 of NI Act Conviction is Not Maintainable Under Section 482 CrPC(20.02.2023)
Karnataka High Court has said that a petition filed under Section 482 of Criminal Procedure Code (CrPC) seeking to quash conviction handed down to an .....
Tags : Karnataka High Court, Negotiable Instruments, Quash, Conviction
JKL HC: Can’t Dismiss Suit if Issue of Jurisdiction is Mixed Question of Fact and Law(23.02.2023)
Jammu and Kashmir and Ladakh High Court has held that obligation to dismiss a suit at threshold or return a plaint for want of jurisdiction arises onl.....
Tags : Jammu and Kashmir and Ladakh High Court, Jurisdiction, Issue of Fact
SC Dismisses Plea Against Appointment of Adv. Victoria Gowri as Madras HC Judge(07.02.2023)
Supreme Court has dismissed the petitions challenging the appointment of Advocate L. Victoria Gowri as an additional judge of the Madras High Court. S.....
Tags : Supreme Court, Appointment, Adv. Victoria Gowri
Meghalaya HC: Heinous Crime of Rape Can’t be Taken Lightly Based on Victim's Change of Heart(08.02.2023)
Meghalaya High Court while dismissing plea to quash POCSO Case, has held that an allegation of a heinous crime such as rape being committed and perpet.....
Tags : Meghalaya High Court, Rape, Heinous Crime, Victim
SC: PMLA Court Jurisdiction Not Limited to Place Where Proceeds Come Into Possession of Accused(08.02.2023)
Supreme Court has held that jurisdiction of PMLA court to try money laundering offence not limited to place where proceeds of crime come into possessi.....
Tags : Supreme Court, PMLA Court, Jurisdiction
Meghalaya HC: Victim's Sole Testimony if Found Reliable Can Be Used to Decide Case for Conviction(09.02.2023)
Meghalaya High Court has held that statement of victim girl in POSCO case has a telling effect with regard to the fate of the criminal case as the sol.....
Tags : Meghalaya High Court, POCSO, Sole Testimony, Conviction
SC: Writ Jurisdiction Can be Applied When Contractual Terms Imposed by State are Arbitrary(09.02.2023)
Supreme Court while invalidating GAIL's Condition imposed on IPCL, has held that if the State in its contractual dealings fails to exercise a degree o.....
Tags : Supreme Court, Writ Jurisdiction, Contractual Terms, Arbitrary
Meg. HC: CBI’s Jurisdiction to Investigate Ceases if Chargesheet Doesn’t Involve Offence Under PCA(14.02.2023)
Meghalaya High Court has held that when the offences under the provisions of Prevention of Corruption Act (PCA) are dropped from chargesheet, CBI’s Ju.....
Tags : Meghalaya High Court, Prevention of Corruption, Jurisdiction, CBI
The motive part loses its significance, when there is trustworthy evidence of witnesses as to commission of an offence(31.01.2020)
Present appeal is directed against judgment and order of sentence passed by the learned Additional Sessions Judge, whereby the learned Sessions Judge .....
Tags : Conviction, Evidence, Credibility
Before acting upon opinion of hand-writing expert, Court must see that, such evidence is corroborated by either direct or other circumstantial evidence.(14.01.2020)
Present appeal has been preferred challenging the impugned judgment passed by the High Court whereby the High Court dismissed the revision petition fi.....
Tags : Conviction, Evidence, Credibility
In absence of evidence of harassment or cruelty on victim, charge of dowry death cannot be established(10.01.2020)
The appeal is directed against judgment passed by Second Additional Sessions Judge, in Session Trial wherein the said Court convicted the Appellant fo.....
Tags : Dowry death, Conviction, Legality
Delhi HC Asks State to Consider Providing Alternate Accommodation to Evicted Jhuggi Dwellers(11.03.2022)
Delhi High Court has observed that wherein a land is being used for public purposes, if occupants of jhuggis or slums are evicted, it is the State's o.....
Tags : Delhi High Court, Accommodation to Evicted Jhuggi Dwellers
Andhra Pradesh High Court Refuses to Issue interim Orders Against Creation of New Districts(15.03.2022)
Andhra Pradesh High Court has refused to issue interim Orders against the proposed creation of 13 new districts and directed the government to file a .....
Tags : Andhra Pradesh High Court, Creation of New Districts
Kerala HC: Collector Should Oversee Implementation of Solid Waste Management Rules(09.03.2023)
Kerala High Court while hearing suo motu proceedings initiated in light of fire at Brahmapuram Solid Waste Management Plant, has observed that whateve.....
Tags : Kerala High Court, Solid Waste Management Rules, District Collector, Brahmapuram Fire
HP HC: Conviction Can’t Entail Automatic Removal of Convicted Employee(09.03.2023)
Himachal Pradesh High Court has held that as per Article 311 of Constitution and Rule 19(i) of CCS Rules 1965, employee can be dismissed without any e.....
Tags : Himachal Pradesh High Court, Conviction, Employee, CCS Rules
Del. Court: Sisodia was Instrumental in Implementation of Excise Policy; Arrest Justified(13.03.2023)
Rouse Avenue District Court, Delhi has held that Manish Sisodia was instrumental in formulation and implementation of Delhi excise policy for 2021-22 .....
Tags : Rouse Avenue District Court, Manish Sisodia, Excise Policy, Money Laundering
Mad. HC: Appointing DCP as Executive Magistrate is violative of Constitution(14.03.2023)
Madras High Court has declared two Government Orders which gave Deputy Commissioners powers of Executive Magistrate while dealing with bonds for keepi.....
Tags : Madras High Court, Deputy Commissioners, District Police Act
Calcutta HC Dismisses Plea of Delayed Lodging of FIR, Upholds Conviction of Gang Rape(16.03.2022)
Calcutta High Court has observed that a delay of a few hours in lodging of the FIR by a victim of gang rape will not vitiate the prosecution case sinc.....
Tags : Calcutta High Court, Conviction of Gang Rape
Calcutta HC Directs WB Govt to Submit Status Report on Rampurhat Incident in Birbhum District(24.03.2022)
Calcutta High Court has directed the West Bengal government to submit a status report on the Rampurhat incident in Birbhum district within 24 hours w.....
Tags : Calcutta High Court, Rampurhat Incident in Birbhum District
Ker. HC Constitutes Expert Committee to Advise on Matters of Human-Elephant Conflict in State(30.03.2023)
Kerala High Court while taking note of deplorable state of captive elephants, as well as various instances of cruelty meted out to them has directed f.....
Tags : Kerala High Court, Expert Committee, Human-Elephant Conflict
Delhi Court: Manish Sisodia 'Architect of Criminal Conspiracy' in Liquor Policy Scam(03.04.2023)
Rouse Avenue District Court, Delhi while denying bail to former Deputy Chief Minister of Delhi Manish Sisodia in liquor policy scam case, observed tha.....
Tags : Rouse Avenue District Court, Manish Sisodia, Liquor Policy Scam, Bail
Kar. HC to Prison Authority: Consider Plea to Release Murder Convict on Parole for Marriage(04.04.2023)
Karnataka High Court has directed prison authorities to consider a plea filed by a woman for release of a murder convict on parole from the forenoon o.....
Tags : Karnataka High Court, Parole, Murder Convict, Marriage
Mad. HC: Celebrities Sneak Through Surrogacy Laws While Those Eligible Denied Treatment Procedures(05.04.2023)
Madras High Court while directing State to form District Medical Boards under Surrogacy Act 2021, observed that while Celebrity couples sneak through .....
Tags : Madras High Court, Surrogacy, District Medical Boards
District Court has jurisdiction over area in which temple is situated(16.02.2016)
The Kerala High Court dismissed a review petition suggesting that an incident that occurred at a temple in Vadanappalli - when an elephant ran amok - .....
Tags : temple, district court, jurisdiction,
Place of arbitration determines law applicable to arbitration and related matters(10.03.2017)
Appellant-Imax Corporation has challenged interim order passed by High Court of Judicature at Bombay, by which High Court held that, petition under Se.....
Tags : Award, Jurisdiction, Maintainability
Minor contradictions, inconsistencies or improvements on trivial matters without effecting core of prosecution case cannot be made a ground to reject evidence in its entirety(28.02.2019)
In facts of present case, after completion of the investigation, final report, under Section 173 of Code of Criminal Procedure, 1973 (CrPC) was prepar.....
Tags : Conviction, Evidence, Credibility
Court has to be prima facie satisfied that, there have been instances of domestic violence before issuing notice(22.01.2020)
Present appeal arises out of the impugned judgment passed by the High Court by which the High Court has dismissed the petition filed by the Appellants.....
Tags : Complaint, Cognizance, Jurisdiction
NCLAT: Territorial Jurisdiction Cannot be Taken Away by Agreement Between Parties(28.04.2022)
National Company Law Appellate Tribunal has observed that the territorial jurisdiction of NCLT to decide a case under the Insolvency and Bankruptcy Co.....
Tags : National Company Law Appellate Tribunal, Insolvency and Bankruptcy Code, 2016, territorial jurisdiction
AP HC: Judicial Order Wilfully Disobeyed Can’t be Decided in Contempt Proceedings(28.04.2022)
Andhra Pradesh High Court has observed that a Court exercising contempt jurisdiction can’t test correctness or otherwise of the order or give addition.....
Tags : Andhra Pradesh High Court, contempt jurisdiction
Kerala HC: Rule of Alternative Remedy is Rule of Discretion, Not Rule of Jurisdiction(29.04.2022)
Kerala High Court has observed that just because the court may not exercise its discretion under Article 226 of the Constitution since the availabilit.....
Tags : Kerala High Court, Article 226 of the Constitution, jurisdiction
ITAT, Delhi: Revisional Jurisdiction Can be Invoked in Very Gross Case of Inadequacy in Inquiry(29.04.2022)
Income Tax Appellate Tribunal, Delhi has ruled that the Revisional jurisdiction under section 263 of the Income Tax Act, 1961 can be invoked in a very.....
Tags : Income Tax Appellate Tribunal, revisional jurisdiction, section 263, Income Tax Act, 1961
SC: Mere Unnatural Death of Wife Within 7 Years of Marriage Not Sufficient to Prove Dowry Death(25.04.2023)
Supreme Court has held that mere death of the deceased wife being unnatural in the matrimonial home within seven years of marriage will not be suffici.....
Tags : Supreme Court, Dowry Death, Unnatural Death, Conviction
SC to HCs: Ensure Digitization of District Court Records for Smooth Functioning of Judicial Process(26.04.2023)
Supreme Court while observing that the technology in the present time become increasingly enmeshed with systems of dispute resolution and adjudication.....
Tags : Supreme Court, Digitization, District Court Records
Statement recorded under Section 161 of CrPC can be used only to prove the contradictions and/or omissions(02.03.2020)
Feeling aggrieved and dissatisfied with the impugned judgment passed by the High Court by which the High Court has confirmed the conviction of the App.....
Tags : Conviction, Evidence, Credibility
NGT to DM Prayagraj & Kaushambi: Take Action Against Alleged Illegal Sand Mining in Yamuna(10.04.2023)
National Green Tribunal, Principal bench has directed District Magistrates of Prayagraj and Kaushambi districts in Uttar Pradesh to take action agains.....
Tags : National Green Tribunal, Illegal Sand Mining, Yamuna, District Magistrates
Ker HC: Recklessly Permitting Human Settlement Near Elephant Habitat Leading to Man-Animal Conflicts(13.04.2023)
Kerala High Court has observed that increasing instances of human elephant conflict that we are confronted with today appear to be nothing but inevita.....
Tags : Kerala High Court, Human Settlement, Elephant Habitat, Man-Animal Conflict
Cal HC: Repeal and Amendment Act of 2016 Does Not Remove S. 2A(2) of Industrial Disputes Act(17.04.2023)
Calcutta High Court has held that Repeal and Amendment Act of 2016 does not have the effect of removing section 2A(2) from Industrial Disputes Act, 19.....
Tags : Calcutta High Court, Labour Courts/Tribunals, Jurisdiction, Repeal, Industrial Disputes Act
Delhi HC to Registry: Ensure Confidentiality of Sexual Offences Victims(20.04.2023)
Delhi High Court while directing Registry to ensure anonymity and confidentiality of victim of sexual offences is strictly maintained in filings, has .....
Tags : Delhi High Court, Confidentiality, Sexual Offences Victims
Surat Court Dismisses Plea to Stay Conviction of Rahul Gandhi in ‘Modi Surname’ Defamation Case(20.04.2023)
Surat Court has dismissed application filed by Rahul Gandhi to stay his conviction in the defamation case over ‘Modi surname’ remark made during a pol.....
Tags : Surat Court, Rahul Gandhi, Conviction, Modi Remark
Gau. HC to State: Submit Report on Number of Shelter Camps in Assam(24.04.2023)
Gauhati High Court has directed State to provide the exact number of temporary shelter camps in entire state wherein people who have been displaced on.....
Tags : Gauhati High Court, Shelter Camps, Eviction Drives
Court can intervene only when Complainant succeeds in showing that Fora below has wrongly exercised its jurisdiction(28.02.2020)
Case of the Petitioner is that the Petitioner/Complainant's wife was admitted in the Respondent Hospital on 12th December, 2010 as her great toe and 2.....
Tags : Negligence, Concurrent findings, Jurisdiction
Delhi HC: Continuing Cause of Action in Trademark Suits No Defence to Multiple Proceedings(11.04.2022)
Delhi High Court has held that a trademark owner cannot drag a Defendant to multiple fora, being a higher court or before a court of coordinate jurisd.....
Tags : Delhi High Court, trademark owner, multiple fora, coordinate jurisdiction, forum
Allahabad HC: Police Must Assess Victim's Age in Kidnapping Cases(13.04.2022)
Allahabad High Court has ruled that while investigating Kidnapping cases, the police authorities must first assess the victim girl’s age so that in ca.....
Tags : Allahabad High Court, Kidnapping, harassment, victim
Ker. HC: Translocation of Arikomban Not Answer to Man-Animal Conflicts(04.05.2023)
Kerala High Court in case pertaining to rogue elephant 'Arikomban', observed that lack of proper waste management is a reason for increasing incidents.....
Tags : Kerala High Court, Arikomban, Man-Animal Conflicts
Jharkhand HC: S. 202 CrPC is Mandatory Even if Government is the Complainant(08.05.2023)
Jharkhand High Court while observing that there is no exception to Section 202 CrPC even if government is complainant, has held that magistrate is req.....
Tags : Jharkhand High Court, CrPC, Mandatory, Territorial Jurisdiction
Gau. HC: Consensual Relationship and Failure to Prove Victim is Minor, Ground for Bail Under POCSO(11.05.2023)
Gauhati High Court while setting aside conviction of an accused under Section 6 of POCSO Act, has held that in cases where the prosecution fails in pr.....
Tags : Gauhati High Court, POCSO, Victim, Minor, Consensual Relationship
Ker. HC: HC Can Order Mitigation Investigation at Appellate Stage Even Before Upholding Conviction(12.05.2023)
Kerala High Court while considering death sentence references observed that there will be serious issues and delay if study process is commenced only .....
Tags : Kerala High Court, Mitigation Investigation, Conviction, Death Sentence
Projection of different story by prosecution adversely affects and destroys prosecution case and it is unsafe to convict accused on basis of same(27.04.2020)
Present criminal appeal has been filed against the impugned judgment passed by Additional Sessions Judge under Section 376, 308 of Indian Penal Code, .....
Tags : Conviction, Evidence, Credibility
High Court cannot interfere with finding of fact in revisional jurisdiction unless there is perversity or misappreciation of evidence(08.06.2020)
In the facts of present case, the Appellant is the tenant of two shop rooms-one on the ground floor and the other on the first floor. The tenant is do.....
Tags : Eviction, Revisional jurisdiction, Legality
Bombay HC to State: Establish Family Court in Every District in Maharashtra(11.07.2022)
Bombay High Court has urged the Maharashtra government to take steps to establish a family court in every district of the state.
Tags : Bombay High Court, Family Court, District
Kar. Consumer Forum Orders BYJU's to Refund Fees to Student Over Failure to Provide Proper App(11.07.2022)
Karnataka District consumer forum has directed BYJU to refund fees of a student who alleged that the Ed-tech company did not provide him with a proper.....
Tags : Karnataka District Consumer Forum, BYJU, Refund
SC: Not Prudent to Convict Accused Without Test Identification Parade(13.07.2022)
Supreme Court has held that it would not be prudent to convict an accused solely on the basis of their identification for the first time in court, wit.....
Tags : Supreme Court, Test Identification Parade, Convict
Orissa HC: Bar Against 'Inter-District Transfer' Not Applicable to Govt Teachers With Disabilities(13.07.2022)
Orissa High Court has held that bar against 'inter-district transfer' cannot be made applicable to teachers who are recognised as persons with disabil.....
Tags : Orissa High Court, Inter-District Transfer, Person with Disabilities
SC: Only When Conviction Arise Out of the Single Transaction, Concurrent Sentence Would be Merited(02.08.2023)
Supreme Court while observing that only when the conviction arise out of the single transaction, concurrent sentence would be merited, has held that i.....
Tags : Supreme Court, Conviction, Concurrent Sentence
All. HC: Review Jurisdiction can be Exercised Only if there is Error Apparent on face of the Record(02.08.2023)
Allahabad High Court has held that review jurisdiction can only be exercised if there is an error apparent on the face of the record or interfere on a.....
Tags : Allahabad High Court, Review Jurisdiction, Erroneous Decision
If Investigating Officer conducts search, then, he must record the reason for doing so within seventy-two hours of the search(08.06.2020)
The instant appeal has been preferred against the judgment passed by the Special Judge under the Narcotic Drugs and Psychotropic Substances Act, 1985 .....
Tags : Conviction, Evidence, Credibility
Person charged for higher offence can be punished for lower offence(22.06.2020)
The instant appeal has been preferred by the Accused-Appellant against the judgment passed by learned Additional Sessions Judge under Sections 451, 32.....
Tags : Conviction, Sentence, Legality
Ker. HC: State Must Formulate Victim Compensation Scheme for Victims of Sexual Offences under POCSO(03.08.2023)
Kerala High Court has observed that State must formulate a victim compensation scheme specifically for POCSO victims or to make necessary amendments i.....
Tags : Kerala High Court, Victim Compensation Scheme, POCSO
Meghalaya HC: Courts Required to Bring Specific Attention of Accused to Incriminating Materials(23.06.2022)
Meghalaya High Court while setting aside a conviction has held that trial Courts are required to attract specific attention of accused to those materi.....
Tags : Meghalaya High Court, Conviction, Incriminating Materials
SC: Right of Forest Inhabitants to be Heard Against Eviction, Not Limited to Certain Communities(07.07.2023)
Supreme Court has held that right of forest inhabitants to be heard by forest officer, for claims against eviction must be granted to all claiming pos.....
Tags : Supreme Court, Forest Inhabitants, Eviction, Right
SC: If Accused had No Intention/Knowledge to Cause Death, Conviction U/S 308 IPC Not Sustainable(07.07.2023)
Supreme Court while modifying conviction imposed on a bus conductor under Section 308 of IPC, has observed that conviction under Section 308 of IPC is.....
Tags : Supreme Court, Death, Conviction, Sustainable
Delhi HC: Married Daughter Included Among Dependents of Their Parents(11.07.2023)
Delhi High Court while dealing with an eviction petition observed that law provides for eviction of a tenant on the need of dependents, and married da.....
Tags : Delhi High Court, Married Daughter, Eviction
Allahabad HC: Can’t Force Rape Victim to Give Birth to Accused’s Child(12.07.2023)
Allahabad High Court has held that in case of sexual assault, denying a woman the right to say no to abortion and fasten her with responsibility of mo.....
Tags : Allahabad High Court, Rape Victim, Abortion
Supervisory jurisdiction is not available to correct errors of facts or of law unless errors are manifest and apparent on face of proceedings(25.02.2020)
Present petition challenges the order passed by the Trial Court in Eviction Petition under Section 14 (1) (e) and 25(B) of the Delhi Rent Control Act,.....
Tags : Bonafide need, Eviction, Legality
Kar HC: Connect Healthcare Centers with Control Rooms Set Up for Info About Man-Animal Conflicts(12.07.2023)
Karnataka High Court has directed State to extend the access of control room to nearest Primary Health Centre (PHC) and Civil Hospital so that in case.....
Tags : Karnataka High Court, Healthcare Centers, Man-Animal Conflicts
MP HC Upholds Restrictions on Merchanting Trade Transactions as Per Import/ Export Policy(17.11.2020)
Madhya Pradesh High Court has held that once import/ export of a particular product is barred by the Government, the question of permitting 'Merchanti.....
Tags : Madhya Pradesh High Court, Restrictions on Merchanting Trade Transactions
Allahabad HC Allows for Termination of Pregnancy of 14-Yr Old Rape Victim(16.09.2021)
Allahabad High Court has allowed the termination of pregnancy of a 14-year old girl noting that she was a victim of rape who was carrying an unwanted .....
Tags : Allahabad High Court, Termination of Pregnancy of 14-Yr Old Rape Victim
MP HC Directs State to Provide Free Treatment to Bhopal Gas Tragedy Victims Suffering from Cancer(20.09.2021)
Madhya Pradesh High Court has directed the State Government to provide free of cost treatment to Bhopal Gas Tragedy victims who are suffering from Can.....
Tags : Madhya Pradesh High Court, Bhopal Gas Tragedy Victims
SC: Appeal Against ITAT Order Lies before HC in Whose Jurisdiction AO Situates(29.08.2022)
Supreme Court has held that appeals against Income Tax Appellate Tribunal (ITAT) order lies before the High Court in whose jurisdiction the Assessing .....
Tags : Supreme Court, Jurisdiction, Assessing Officer
When the inventory is prepared by an officer not authorised under the Abkari Act, it cannot be acted upon by the court and cannot be treated as primary evidence(09.06.2020)
The prosecution case is that, on 6th July, 2007, PW1 Excise Inspector found the Petitioner having in his possession a can containing 2½ litres of arra.....
Tags : Conviction, Sentence, Legality
When there is a time gap between an occurrence and the trial, it is impossible for police/Investigating Officer to recall minute details(18.06.2020)
Present appeal is against a common judgment and order passed by a Division Bench of the High Court dismissing Criminal Appeal filed by the Appellant, .....
Tags : Conviction, evidence, credibility
Temporary non-use of premises due to the lockdown cannot be construed as rendering the lease void(21.05.2020)
The present revision petition was filed by the Appellants/Tenants (“Tenants”) challenging the order passed by the learned Senior Civil Judge-cum-Rent .....
Tags : Eviction, Suspension, Rent, Entitlement
Mere delay in forwarding FIR to Magistrate is not a ground to acquit accused(26.05.2020)
The Appellant has challenged the judgment by the Allahabad High Court, confirming his conviction under section 302 read with Section 34 of the Indian .....
Tags : Conviction, Evidence, Credibility
Madras HC Rules in Favour of Original Jurisdiction of HC for Hearing Child Custody Cases(02.09.2022)
Madras High Court full bench has with a 3:2 majority ruled in favor of original jurisdiction of high court for hearing the child custody and guardians.....
Tags : Madras High Court, Original Jurisdiction, Child Custody
Del. HC: Situs of Workman’s Place of Employment Vital in conferring Jurisdiction upon Labour Court(01.09.2023)
Delhi High Court has held that situs of the place of employment of a workman would be a determinative factor in conferring territorial jurisdiction up.....
Tags : Delhi High Court, Workman, Labour Court, Jurisdiction
Bombay HC Upholds Eviction of Unauthorised Occupants From Mumbai International Airport(09.06.2022)
Bombay High Court has upheld the eviction orders passed against a group of unauthorized occupants, claiming tenancy rights on the premises of Mumbai I.....
Tags : Bombay High Court, Eviction, Mumbai International Airport
SC: Suspension of Conviction Can’t be Done Merely Because it will Cause Disqualification of MP(18.07.2023)
Supreme Court while hearing a plea against Kerala High Court’s order that suspended the conviction of MP Mohammed Faizal in an attempt to murder case,.....
Tags : Supreme Court, Suspension, Conviction, Parliamentarian
SC: Court Cannot Compel the Legislature to Come Out with a Particular Legislation(18.07.2023)
Supreme Court while declining to issue direction regarding the prohibition of cow slaughter has observed that the same is for the competent legislatur.....
Tags : Supreme Court, Legislation, Writ Jurisdiction, Cow Slaughter
Delhi Court Grants Interim Bail to MP Brij Bhushan Singh in Sexual Harassment Case(19.07.2023)
Rouse Avenue District Court, Delhi has granted interim bail to MP and former Wrestling Federation of India President Brij Bhushan Singh in sexual hara.....
Tags : Rouse Avenue District Court, Brij Bhushan Singh, Sexual Harassment, Women Wrestlers
In the guise of exercising jurisdiction under Article 227 of the Constitution, High Court cannot convert itself into a court of appeal(26.06.2020)
Present appeal challenges the judgment passed by the learned single judge of the High Court thereby, allowing the writ petition filed by Respondent No.....
Tags : Suit premises, Eviction, Jurisdiction
Once the seat is determined, the Court of that place shall have exclusive jurisdiction to deal with all matters relating to arbitration agreement between the parties(06.07.2020)
The Petitioner is seeking appointment of an arbitrator under Section 11 of the Arbitration and Conciliation Act, 1996. The arbitration agreement betw.....
Tags : Agreement, Dispute, Jurisdiction
SC: Transfer Certificate Can’t be Relied Upon to Decide Age of POCSO Vitim(19.07.2023)
Supreme Court has held that school transfer certificate and extracts of the admission register are not what Section 94(2)(i) of JJ Act mandates and th.....
Tags : Supreme Court, Transfer Certificate, POCSO, Age, Victim
Cal. HC Suspends IO for Disclosing Identity of Minor Victim in POCSO Case(26.07.2023)
Calcutta High Court has ordered suspension of the Investigation Officer (IO) in a POCSO Case for ignoring the mandate of settled law in the investigat.....
Tags : Calcutta High Court, POCSO, Victim, Identity
SC: Object of Plea for Child's Custody is to Determine in Whose Custody Best Interest of Child Lies(18.07.2022)
Supreme Court has held that in petition seeking writ of habeas corpus in matter relating to custody of child, the Court exercises an inherent jurisdic.....
Tags : Supreme Court, Child Custody, Welfare, Inherent Jurisdiction
Del HC: Scope of Writ Jurisdiction Cannot be Allowed to Trounce the Statutory Obligation(16.08.2023)
Delhi High Court while observing that scope of writ jurisdiction can’t be allowed to trounce the statutory obligation, on the stratagem of efficacious.....
Tags : Delhi High Court, Writ Jurisdiction, SARFAESI, Recovery Proceedings
Ker. HC: KeLSA can Grant Victim Compensation without Court Order Except under POCSO(17.08.2023)
Kerala High Court has held that Kerala State Legal Services Authority (KeLSA) can grant victim compensation suo moto, without a court recommendation, .....
Tags : Kerala High Court, Kerala State Legal Services Authority, Victim Compensation
Once a plausible version has been put forth in defence at the examination stage, then it is for the prosecution to negate the defense plea(28.07.2020)
The present Criminal Appeal has been preferred by Appellant impugning the judgment of the High Court through which challenge to a judgment passed by t.....
Tags : Conviction, Evidence, Credibility
Fraudulent or dishonest intention must exist at the time of initial promise or formation of contract(27.07.2020)
The Petitioner being the convict has challenged the judgment and order of conviction and sentence delivered in case by the Judicial Magistrate, by mea.....
Tags : Conviction, Evidence, Credibility
A fact can be said to have been proved, if it is established beyond reasonable doubt and not on preponderance of probability(05.08.2020)
The Appellant assails his conviction under Section 8C read with Section 20(b)(ii)(c) of the Narcotics Drugs and Psychotropic Substances Act, 1985 ("th.....
Tags : Conviction, Evidence, Credibility
A judgment may be open to review if there is a mistake or an error apparent on the face of the record(06.08.2020)
Present Review Petition has been preferred by the original writ Petitioner seeking review of the order passed by present Court in writ petition which .....
Tags : Review, Jurisdiction, Powers
All. HC: Can’t Direct Eviction under Senior Citizen Act at the Mere Instance of Senior Citizens(22.08.2023)
Allahabad High Court while observing that right to eviction under Senior Citizen Act, 2007 is the last step, where authority finds that the need of a .....
Tags : Allahabad High Court, Eviction, Senior Citizens
Ker. HC: Complaint U/S 138 NI Act Can be Filed in Court where Cheque was Presented for Collection(23.08.2023)
Kerala High Court has observed that court where cheque is presented for collection has jurisdiction to entertain dishonour complain under Section 138 .....
Tags : Kerala High Court, Cheque, Jurisdiction
Allahabad High Court Asks DCP to Complete Probe in Lucknow District Court Violence Incident(30.11.2021)
Allahabad High Court has asked the Deputy Commissioner of Police, West Zone, Lucknow to file a report on the violent behaviour of the lawyers outside .....
Tags : Allahabad High Court, Lucknow District Court Violence Incident
Delhi High Court Disposes Plea for Enhancing Pecuniary Jurisdiction of Civil Judges(01.12.2021)
Delhi High Court has disposed of a public interest litigation seeking enhancement of pecuniary jurisdiction of Civil Judges for adjudicating original .....
Tags : Delhi High Court, Pecuniary Jurisdiction of Civil Judges
Bombay High Court Upholds Maintenance Tribunal's Power to Pass Eviction Orders(02.12.2021)
Bombay High Court has observed that the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 can pass an or.....
Tags : Bombay High Court, Power to Pass Eviction Orders
SC Refuses to Entertain Plea Seeking to Set Up Anti-Corruption Courts in All Districts(01.11.2022)
Supreme Court has refused to entertain a plea seeking the setting up of anti-corruption courts with a mandate to dispose of each case within a year in.....
Tags : Supreme Court, Anti-Corruption Court, District
SC: Rape Victim's Statement Mustn’t be Disclosed to Anyone Including Accused Till Charge-Sheet Filed(03.11.2022)
Supreme Court has held that rape victim's statement made under Section 164 CrPC should not be disclosed to any person including accused till charge-sh.....
Tags : Supreme Court, Rape Victim, Statement, Charge-Sheet
MP HC: Power of Suspension of Conviction Can Only be Exercised in Very Exceptional Circumstances(18.10.2023)
Madhya Pradesh High Court has observed that the power of suspension of conviction can only be exercised in the very ‘exceptional circumstances’ and th.....
Tags : Madhya Pradesh High Court, Suspension, Conviction
SC Refuses to Entertain Plea Challenging Exclusion of SC/ST Reservation in Jharkhand DJ Appointment(13.09.2022)
Supreme Court while refusing to entertain plea challenging exclusion of reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes .....
Tags : Supreme Court, Reservation, District Judges
Cal. HC: DM Can Delegate Powers to Executive Magistrate to Take Possession of Secured Assets(14.09.2022)
Calcutta High Court has held that step taken under Section 14 of SARFAESI Act while taking possession of the secured assets is a ministerial step and .....
Tags : Calcutta High Court, SARFAESI, District Magistrate
SC Upholds Conviction of Man Accused of Killing Father Under Influence of Liquor(15.09.2022)
Supreme Court while upholding conviction of man accused of killing his own father following a fight under influence of liquor, has held that maybe it .....
Tags : Supreme Court, Conviction, Liquor
SC: Important to Distinguish B/W Contradictions in Witness Statements and Credibility of Witnesses(01.11.2023)
Supreme Court while observing that it is important to distinguish between contradictions in witness statements and the overall credibility of witnesse.....
Tags : Supreme Court, Contradictions, Credibility, Witness
All. HC: Wife Residing Abroad Can’t Invoke Jurisdiction of Court Under HMA Where She Briefly Visited(01.11.2023)
Allahabad High Court while hearing an appeal of wife residing in Australia, has held that the term ‘residing’ used in Section 19 of Hindu Marriage Act.....
Tags : Allahabad High Court, Residing, Jurisdiction
Delhi HC: Persons Cannot be Evicted With Bulldozer at Their Doorstep Without Any Notice(04.08.2022)
Delhi High Court has held that persons cannot be evicted with a bulldozer at their doorstep ‘early in the morning or late in the evening’ without any .....
Tags : Delhi High Court, Bulldozers, Evicted
Allahabad HC: Compensation Under SC/ST Act Should be Paid on Conviction & Not on Filing of FIR(04.08.2022)
Allahabad High Court has held that compensation to the Victims under the SC/ST (Prevention of Atrocities) Act, 1989 should be disbursed only upon the .....
Tags : Allahabad High Court, Compensation, SC/ST Act, Conviction
Guj. HC: Citizenship Exclusive Domain of Centre, Civil Court Can’t Decide on Matter of Renunciation(05.08.2022)
Gujarat High Court has held that civil courts have no jurisdiction to entertain and decide the question about citizenship of a person and that the sai.....
Tags : Gujarat High Court, Citizenship, Jurisdiction, Civil Court
Karnataka HC: Constitutional Functionaries Can't be Summoned as Witnesses on Mere Asking(05.08.2022)
Karnataka High Court has held that in civilised jurisdictions functionaries of constitutional bodies are not subjected to subpoena since they have to .....
Tags : Karnataka High Court, Civilised Jurisdiction, Constitutional Functionaries, Subpoena
Cal. HC: Appeal Cannot Cloak as Review(09.10.2023)
Calcutta High Court while observing that review jurisdiction can’t be treated as second opportunity by parties aggrieved by a judgement or order to ar.....
Tags : Calcutta High Court, Review Jurisdiction, Appeal
Cal. HC: Putting Padlock on Main Gate of a Property is No Way to Evict a Person(11.10.2023)
Calcutta High Court while observing that although a son stays at the father’s property as a licensee but for evicting him due process of law has to be.....
Tags : Calcutta High Court, Evict, Mischief
For determining pecuniary jurisdiction, value of the goods or services paid as consideration alone has to be taken(28.08.2020)
In facts of present case, on 2 June, 2016, Complainant had taken Insurance Coverage from National Insurance Company Limited, under its Standard Fire a.....
Tags : Complaint, Maintainability, Jurisdiction
DCDRC: E-Commerce Portal Liable if Seller Does Not Mention Country of Origin of Product(03.10.2022)
District Consumer Disputes Redressal Commission (DCDRC), Hyderabad while holding an e-commerce platform liable for vendor not displaying country of or.....
Tags : District Consumer Disputes Redressal Commission, Country of Origin, E-Commerce Platform
Orissa HC Directs Govt to Pay Compensation to 2008 Kandhamal Riot Victim's Kin(03.10.2022)
Orissa High Court while expressing shock over Odisha government's rejection of a claim for grant of compensation to the brother of a man, who died in .....
Tags : Orissa High Court, Compensation, Riot Victim
Del. HC Lays Down Factors to be Considered While Dealing With Application for Stay on Eviction Order(10.10.2022)
Delhi High Court has set out the various factors that are necessary to be taken into consideration by the appellate authority under the Senior Citizen.....
Tags : Delhi High Court, Senior Citizen Act, Eviction Order
Tel. HC: HC’s Power to Interfere is Limited When Election Process has Commenced(21.11.2023)
Telangana High Court has observed that jurisdiction of High Court to interfere with the process of election once the same has commenced is very limite.....
Tags : Telangana High Court, Election Process, Writ Jurisdiction
Mad. HC: Unauthorized Occupant Can’t Claim Protection U/A 21 if Eviction is Lawful(27.11.2023)
Madras High Court has held that once it is found that the petitioner was unauthorisedly occupying the government property and if the procedure of law .....
Tags : Madras High Court, Unauthorized Occupant, Eviction
Where Assessing Officer has accepted a particular contention/issue without any enquiry or evidence, the order is erroneous(03.08.2020)
Present appeal preferred by the Assessee emanates from the order of the learned principal Commissioner of Income Tax-1, for the assessment year 2014-1.....
Tags : Revisionary jurisdiction, Erroneous, Legality
Consumer Forum has jurisdiction to adjudicate the legitimacy of statutory dues(16.09.2019)
In present case, the reference arises out of the order passed by a two-Judge Bench of present Court, wherein they expressed doubt as to the correctnes.....
Tags : imposition, Statutory due, Consumer fora, Jurisdiction
False answers offered by Accused in examination under Section 313 of CrPC can be used against him(15.09.2020)
Present appeal is filed by the sole Accused aggrieved by the judgment of conviction and further order of sentencing the Appellant, passed by the High .....
Tags : Conviction, Sentence, Legality
Delhi HC: Experts' Opinion Can’t be Supplanted by Court Overstepping Jurisdiction(12.08.2022)
Delhi High Court has held that judges are not and cannot be experts in all fields, and the opinion of experts cannot be supplanted by a Court overstep.....
Tags : Delhi High Court, Judges, Expert, Jurisdiction
Guj. HC: Child Can't be Equated to Non-Earning Adult, to be Compensated Under Non-Pecuniary Heads(17.08.2022)
Gujarat High Court has held that children who are victims of motor accidents stand on different footing from non-earning adults and Compensation award.....
Tags : Gujarat High Court, Motor Accidents, Compensation, Child Victim
Kar. HC: Alternate Remedy Can’t be Used as China Wall Against Invocation of Writ Jurisdiction(22.09.2023)
Karnataka High Court while relying on judgment in Godrej Sara Lee Ltd vs. Excise & Taxation Officer (MANU/SC/0086/2023), has held that in all cases, t.....
Tags : Karnataka High Court, Alternate Remedy, Writ Jurisdiction
Pat. HC: Imperative on Trial Court to Ascertain Age of Victim Upon Challenge by Accused(27.09.2023)
Patna High Court has held that as per provisions of Section 34 (2) of the POCSO Act, 2012, it is imperative on the trial court to determine the age of.....
Tags : Patna High Court, POCSO, Age, Victim
Del. HC: Accrual of Cause of Action at a Place is not a Consideration for Determining Jurisdiction(29.09.2023)
Delhi High Court has held that accrual of cause of action at a place for pursuing a substantive legal action is not a consideration for determining ju.....
Tags : Delhi High Court, Jurisdiction, Location
SC: Courts Should Restrain While Exercising Judicial Review in Contracts Involving Technical Issues(03.10.2023)
SC observed that in contracts involving complex technical issues, the Court should exercise restraint in exercising power of judicial review. Even if .....
Tags : Supreme Court, Writ Jurisdiction, Judicial Review
SC Converts Conviction of Appellants from Murder to Voluntarily Causing Grievous Hurt(24.11.2021)
Supreme Court has converted the conviction of appellants from Murder to Voluntarily causing grievous hurt by dangerous weapons under the Indian Penal .....
Tags : Supreme Court, Conviction of Appellants
Delhi HC: Strictures Must Be Passed With Utmost Circumspection(23.11.2022)
Delhi High Court while observing that words forming part of a judicial order forms a permanent record, has held that judicial strictures must be passe.....
Tags : Delhi High Court, Judicial Strictures, Reputation
P&H HC: Jail Before Conviction is Punishment as Conviction Rate Low in Our Country(30.11.2022)
Punjab and Haryana High Court while quashing a lower court's order canceling the bail of a murder accused, has held that imprisonment of the accused b.....
Tags : Punjab and Haryana High Court, Conviction, Bail
SC: Existence of an Alternate Remedy Can’t Exclude High Court’s Writ Jurisdiction(02.12.2022)
Supreme Court has held that a constitutional remedy cannot be barred or excluded as when the High Court exercises its power under Article 226, it cann.....
Tags : Supreme Court, Alternate Remedy, Jurisdiction
Amicus Curiae to Ker. HC: DNA Test of Children of Rape Victims Will Defeat Concept of Adoption(19.12.2023)
Amicus Curiae Advocate A. Parvathi Menon has informed the Kerala High Court that subjecting the adopted child of a rape victim to DNA tests will only .....
Tags : Kerala High Court, Amicus Curiae, DNA Test, Rape Victim, Adoption
Del. HC: Right to Parenthood and Procreation is Fundamental Right of a Convict(26.12.2023)
Delhi High Court while observing that right to parenthood is fundamental right of a convict, has held that where age and biological clock of convict a.....
Tags : Delhi High Court, Right to Parenthood, Convict, Fundamental Right
Proof of cruelty or harassment by husband or her relative or person charged is sine qua non to inspirit statutory presumption, to draw person charged within coils thereof(20.06.2018)
Instant criminal appeals have been preferred against the judgment and order of conviction and order of sentence passed by Additional Sessions Judge-V,.....
Tags : Dowry death, Conviction, Validity
It is within the exclusive domain of the State Legislature to legislate as to whose services to be included into the essential services(10.07.2020)
The Writ Petition has been filed under Article 226 of the Constitution of India, 1950 read with Section 482 of Criminal Procedure Code, 1973 (CrPC) se.....
Tags : Restrictions, Lockdown, Exemption
Mere suspicion could not be a ground to invoke jurisdiction under Section 263 of IT Act(11.09.2020)
By way of present appeal, the Assessee contest correctness of revisional jurisdiction under Section 263 of Income Tax Act, 1961 (IT Act) as exercised .....
Tags : Suspicion, Jurisdiction, Legality
Court can compound offence, if the parties have settled the dispute amicably(26.10.2018)
Prayer in present appeal is for setting aside the judgment of conviction passed by the Additional Sessions Judge vide which the Appellant was convicte.....
Tags : Conviction, Dispute, Settlement
Case of abetment made out only if accused instigates a person either by act of omission or commission(01.10.2020)
Present Appeal challenges the judgment and order of the High Court whereunder, the Criminal Appeal of the convicted Appellant was dismissed and the ju.....
Tags : Abetment, Conviction, Legality
Ker. HC: Approach Court of Lowest Forum when Concurrent Revisional Jurisdiction is Available(02.11.2023)
Kerala High Court has held that it is just and appropriate for a party to invoke jurisdiction of the Court of Sessions first, where the revision is po.....
Tags : Kerala High Court, Concurrent Revisional Jurisdiction, Lowest Forum
Ker. HC: Writ Jurisdiction Can’t be Invoked to Challenge Questions Of Fact w.r.t Committee Election(03.11.2023)
Kerala High Court has held that writ jurisdiction under Article 226 of Constitution can’t be invoked to challenge disputed questions of fact concernin.....
Tags : Kerala High Court, Committee Election, Writ Jurisdiction
Del. HC to Police & Medical Board: Explain Pros & Cons of Abortion to Rape Victims in Mother Tongue(06.11.2023)
Delhi High Court has directed Police and Medical Board that in cases of medical termination of pregnancy in rape cases, the pros and cons of the medic.....
Tags : Delhi High Court, Rape Victims, Termination of Pregnancy
Ker. HC: Can’t Invoke Writ Against Decisions of Lender/Banker Unless There is Compelling Reason(06.11.2023)
Kerala High Court has held that Court, in exercise of its jurisdiction under Article 226 cannot replace the wisdom of lender/banker in the process of .....
Tags : Kerala High Court, Lender/Banker, Writ Jurisdiction, Compelling Reason
Del. HC: Plea for Premature Release of Convicts Must Not be Dealt With Mechanically(06.11.2023)
Delhi High Court has held that societal interest must be balanced with rights of convict and resorting to mechanical and clerical approach in dealing .....
Tags : Delhi High Court, Premature Release, Convicts
Del. HC: Plea for Premature Release of Convicts Must Not be Dealt With Mechanically(06.11.2023)
Delhi High Court has held that societal interest must be balanced with rights of convict and resorting to mechanical and clerical approach in dealing .....
Tags : Delhi High Court, Premature Release, Convicts
Commission is not empowered to enquire into any complaint not falling within its jurisdiction(28.09.2020)
The Petitioner prayed for issuance of writ of mandamus declaring the impugned order passed by Respondent No. 's 1 and 2 as null and void, as the same .....
Tags : Complaint, Jurisdiction, Legality
Review jurisdiction can be exercised only in a case where it is found that there is an error apparent on the face of the record and not otherwise(22.03.2022)
The Appellant filed Writ Petition before the High Court challenging the order of superannuation and seeking directions to continue him in service till.....
Tags : Review, Jurisdiction, Validity
Bombay HC Upholds Conviction of God-Man for Raping Married Woman as Part of Child Bearing Ritual(10.12.2021)
Bombay High Court has said while confirming a god-man's conviction for raping a married woman under the guise of child bearing rituals, that the blind.....
Tags : Bombay High Court, Conviction of God-Man for Raping Married Woman
Allahabad High Court: Rape Victim Cannot be Compelled to Undergo DNA Test(13.12.2021)
Allahabad High Court has ruled that a victim of rape cannot be compelled to undergo DNA test to determine the paternity of her child. The Court was ad.....
Tags : Allahabad High Court, Rape Victim, DNA Test
Cal. HC: Suit for Eviction from Property for Running Business Lies Before Commercial Division(14.11.2022)
Calcutta High Court while transferring an eviction suit before its non-commercial Division to its Commercial Division has held that only operative con.....
Tags : Calcutta High Court, Eviction, Commercial
Allahabad HC Upholds Conviction of Man Who Rape 10 Year Old Girl 43 Years Ago(16.11.2022)
Allahabad High Court while upholding conviction of a man who raped a 10 year old girl in 1979 after finding the testimony of victim to be reliable, ha.....
Tags : Allahabad High Court, Rape, Conviction
Telangana HC Issues Directions on Procedure for Recording Statements of Rape Victims(21.11.2022)
Telangana High Court has issued a circular containing instructions for Judicial Magistrates in the State on the procedure which they must follow while.....
Tags : Telangana High Court, Statement, Rape Victims
Bom HC: HC Has the Authority to Suspend Sentence Even if the Accused Hasn’t Surrendered(10.01.2024)
Bombay High Court while observing that the High Court can’t refuse to entertain a revision without surrender, has held that in exercise of the revisio.....
Tags : Bombay High Court, Surrender, Suspend, Revisional Jurisdiction
Once the prosecution had successfully established the chain of events, the burden is on the accused to prove it otherwise(20.05.2022)
Present appeals are directed against the judgment and order passed by the High Court. The High Court vide order impugned acquitted the daughter of th.....
Tags : Conviction, Legality, Burden of proof
Delhi High Court Upholds Conviction Of Accused Charged With Rape Under POCSO Act(10.01.2022)
Delhi High Court has upheld the conviction to a man for raping a 5 year old minor victim in a POCSO case. The Court held that presence of the semen is.....
Tags : Delhi High Court, Rape, Conviction, POCSO
ITAT Revisionary Jurisdiction Can Be Invoked In A Very Gross Case Of Inadequacy(11.01.2022)
Income Tax Appellate Tribunal (ITAT), Delhi bench has held that the revisionary jurisdiction under Section 263 of the Income Tax Act, 1961 can be avai.....
Tags : ITAT, Revisionary Jurisdiction
J&K&L HC: Writ Jurisdiction Can’t Override Efficacious Statutory Dispensation(21.12.2022)
Jammu and Kashmir and Ladakh High Court has held that where statutory remedy is created by law, the writ petition should not be entertained ignoring t.....
Tags : Jammu and Kashmir and Ladakh High Court, Writ Jurisdiction, Override
Bombay HC Imposes Cost on Law Firm for Disclosing Rape Victim’s Name in Petition(27.12.2022)
Bombay High Court has observed that despite Section 228A of IPC and repeatedly telling Advocates that it is an offence to disclose name of rape victim.....
Tags : Bombay High Court, Rape Victim, Name, Law Firm, Cost
J&K&L HC: Judicial Review Restricted to Public Functions if Pvt Entity Amenable to Writ Jurisdiction(02.01.2023)
Jammu and Kashmir and Ladakh High Court has held that if a private entity is amenable to writ jurisdiction, the powers of judicial review are confined.....
Tags : Jammu and Kashmir and Ladakh High Court, Private Entity, Writ Jurisdiction
Ori. HC: Evidence From 'Microscopic Hair Comparison' Can’t be the Sole Ground For Murder Conviction(06.02.2024)
Orissa High Court has held that the evidence adduced from the 'microscopic hair comparison' cannot be solely used to record a conviction for murder ag.....
Tags : Orissa High Court, Microscopic Hair Comparison, Murder Conviction
Act of private defence is necessarily a defensive right and should have been done in good faith and without malice(14.06.2022)
The Appellant is aggrieved by the judgement passed by the Division Bench of the High Court dismissing a writ petition filed by him, wherein he had cha.....
Tags : Private defence, Conviction, Legality
Adjudicating authority or the Appellate Authority cannot sit in appeal over commercial wisdom Of CoC(03.06.2022)
Issue in present case is with regard to withdrawal of the application filed under Section 7 of the Insolvency and Bankruptcy Code, 2016 (IBC) in view .....
Tags : Commercial wisdom, CoC, Jurisdiction
Minor inconsistencies in the statement of witnesses are not of any consequence in case of concurrent findings recorded by Courts below(05.07.2022)
The instant appeal is preferred by the accused against final judgment passed by High Court whereby the Division Bench of High Court declined to interf.....
Tags : Conviction, Evidence, Credibility
SC: High Courts Shouldn’t Writ Petitions Filed Bypassing Statutory Alternative Remedies(23.09.2022)
Supreme Court has held that High Courts should refrain from excercising writ jurisdiction where there is an alternate remedy available. When there is .....
Tags : Supreme Court, Writ Jurisdiction, Alternative Remedy
Kar. HC: Magistrate/Judge Should Recommend in Judgment Whether there is Need for Victim Compensation(26.09.2022)
Karnataka High Court has observed that while delivering final judgments, Magistrate and Sessions Judge must pass a reasoned order as to whether there .....
Tags : Karnataka High Court, Victim Compensation, CrPC
JKL HC: Decrees Can’t be Invalidated Because of Untimely Objections to Jurisdiction(06.12.2023)
Jammu and Kashmir and Ladakh High Court has held that challenge or objection to territorial or pecuniary jurisdiction of the Court, if not raised at t.....
Tags : Jammu and Kashmir and Ladakh High Court, Jurisdiction, Objections
Ker HC: Revisional Power of Collector Can be Exercised against AO under S.13 of Ker Building Tax Act(11.12.2023)
Kerala High Court has held that from the bare perusal of Section 13, it can be gathered that the District Collector may exercise the Revisional power .....
Tags : Kerala High Court, Revisional Power, District Collector
Del HC: Overlapping Jurisdiction for Maintenance Under Different Legislation Leads to Forum Shopping(14.12.2023)
Delhi High Court has observed that conflicting orders, in similar facts and circumstances, under overlapping jurisdiction of different Acts for grant .....
Tags : Delhi High Court, Overlapping Jurisdiction, Forum Shopping
While exercising the power under Order VII Rule 11 of CPC, the Court has to see the averments made in the plaint and documents relied upon by the Plaintiff(05.07.2022)
The present revision petition has been filed challenging the impugned order whereby the application under Order VII Rule 11 of Code of Civil Procedure.....
Tags : Revisional jurisdiction, Interference, Illegality
Accused is not required to prove his defence beyond a reasonable doubt but only by preponderance of probabilities(04.08.2022)
The present appeal arises from the judgment passed by the High Court dismissing the Appellant's appeal against judgment passed by the First Additional.....
Tags : Conviction, Evidence, Credibility
High Court within whose jurisdiction the Assessing Officer has passed the order, shall continue to exercise the jurisdiction of appeal(18.08.2022)
Present appeals give rise to an important question concerning appellate jurisdiction of High Courts under Section 260A of the Income Tax Act, 1961 aga.....
Tags : ITAT order, High Court, Jurisdiction
Dying declaration can be the sole basis for recording conviction and if it is found reliable and trustworthy, no corroboration is required(16.08.2022)
The Appellant¬ has approached present Court being aggrieved by the judgment passed by the High Court vide which the High Court, though reduced the sen.....
Tags : Conviction, Dying declaration, Legality
Delhi HC: Mere Wrong Decision Not Enough to Attract Jurisdiction Under Article 227(03.03.2022)
Delhi High Court has observed that a mere wrong decision without anything more is not enough to attract the supervisory jurisdiction of High Court und.....
Tags : Delhi High Court, Jurisdiction Under Article 227
Calcutta High Court Upholds Conviction for Abetment of Suicide(03.03.2022)
Calcutta High Court has observed that poverty even if acute cannot be a justification for a husband to perpetrate torture upon his wife thus compellin.....
Tags : Calcutta High Court, Conviction for Abetment of Suicide
SC: Landlord is Not Required to be Unemployed to Seek Eviction on Ground of Bonafide Requirement(04.03.2022)
Supreme Court has observed that a landlord is not required to be unemployed to seek eviction on the ground of bona fide requirement under Section 21(.....
Tags : Supreme Court, Eviction
Supreme Court: District-Level Committee’s Scope Expanded(19.02.2024)
Supreme Court has expanded the scope of district-level committees that are to be constituted by the States or Union Territories to reduce the issue re.....
Tags : Supreme Court, District-Level Committee, Overcrowding Prisons
Central Government Modifies Surrogacy (Regulation) Rules, 2022(23.02.2024)
Centre has amended the Surrogacy (Regulation) Rules, 2022 and notified that when District Medical Board certifies that either husband or wife suffers .....
Tags : Surrogacy (Regulation) Rules, 2022, District Medical Board, Surrogacy, Donor Gamete
Cal. HC: Jurisdiction Can’t Be Assumed By Consumer Forum When Arbitration Prescribed By Special Law(23.02.2024)
Calcutta High Court has held that Court under Section 11(6) of Arbitration and Conciliation Act is not merely obligated to appoint an arbitrator but c.....
Tags : Calcutta High Court, Jurisdiction, Consumer Forum, Adjudication of Disputes
MPHC Modifies ‘Kind Enough to Leave Rape Victim Alive’ Remark After Criticism(31.10.2022)
Madhya Pradesh High Court has modified its judgment which stated that rape convict was ‘kind enough to leave the prosecutrix alive’ to ‘however, consi.....
Tags : Madhya Pradesh High Court, Rape Victim, Modified
Kerala High Court: Incident of Rape not Implausible Just Because Family Lives in a Small Hut(23.01.2024)
Kerala High Court while upholding father’s conviction for sexually assaulting and raping his minor daughter has held that merely because the family of.....
Tags : Kerala High Court, Father’s Conviction, Sexual Assault, Rape
Raj. HC: Tenant Can’t Avoid Eviction by Showing Other Properties More Suitable for Bonafide Use(23.01.2024)
Rajasthan High Court while allowing eviction petition of the landlord has held that bonafide necessity of the premise is to be decided by the landlord.....
Tags : Rajasthan High Court, Bonafide Use, Eviction Petition, Tenancy
Del. HC: South Asian University an International Organization, Not Amenable to Writ Jurisdiction(25.01.2024)
Delhi High Court has held that South Asian University is not amenable to the writ jurisdiction under Article 226 of the Constitution of India as it en.....
Tags : Delhi High Court, South Asian University, Writ Jurisdiction, International Organization, Article 226 of Constitution
Allahabad HC: Convicts or Persons Under Trial Have a Right to Get Adequate Medical Treatment(31.01.2024)
All. HC while granting bail to an accused held that health concern of person in custody has to be taken care of by State and is to be keenly watched a.....
Tags : Allahabad High Court, Medical Treatment, Persons Under Trial, Convicts
Conviction cannot be based on the testimony of a wholly unreliable witness(03.06.2022)
Instant appeals challenges the judgment delivered by the Division Bench of the High Court, thereby dismissing the appeal filed by the present appellan.....
Tags : Conviction, Evidence, Credibility
Expression "District Magistrate" and the "Chief Metropolitan Magistrate" under Section 14 of the SARFAESI Act includes Additional District Magistrate and Additional Chief Metropolitan Magistrate(27.07.2022)
The borrower has preferred the present appeal against impugned judgment and order passed by the High Court, by which, the Division Bench of the High C.....
Tags : Powers, Inclusion, Jurisdiction
All. HC: Prior Notice to Tenants Not Required if Eviction Appln. is for Personal Use of Premises(10.01.2024)
Allahabad High Court has held that u/s 21(2)(m) of UP Regulation of Urban Premises Tenancy Act, 2021 there is no requirement of prior notice to the te.....
Tags : Allahabad High Court, Eviction, Tenants, Personal Use
SC: Conviction Under S. 302 IPC Cannot be Based Upon Statement of Untrustworthy Witness(15.01.2024)
Supreme Court while setting aside the conviction