P&H HC: Eyewitness Account Not Credible if Eyewitness Directly Identifies Accused in Court  ||  Delhi HC: Conditions u/s 45 PMLA Have to Give Way to Article 21 When Accused Incarcerated for Long  ||  Delhi High Court: Delhi Police to Add Grounds of Arrest in Arrest Memo  ||  Kerala High Court: Giving Seniority on the Basis of Rules is a Policy Decision  ||  Del. HC: Where Arbitrator has Taken Plausible View, Court Cannot Interfere u/s 34 of A&C Act  ||  Ker. HC: No Question of Estoppel Against Party Where Error is Committed by Court Itself  ||  Supreme Court: Revenue Entries are Admissible as Evidence of Possession  ||  SC: Mere Breakup of Relationship Between Consenting Couple Can’t Result in Criminal Proceedings  ||  SC: Bar u/s 195 CrPC Not Attracted Where Proceedings Initiated Pursuant to Judicial Order  ||  NTF Gives Comprehensive Suggestions on Enhancing Better Working Conditions of Medical Professions    

Search Results for Tag : ICT

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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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(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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



News

CIC to AICTE: Name Deemed Universities not Maintaining Standards(01.09.2015)

Central Information Commission (CIC) while stressing upon strong need for All India Council for Technical Education (AICTE) to inspect deemed univers.....

Tags : CIC , AICTE



Madras High Court Acquits Couple Accused of Murdering Their Child(07.09.2015)

Madras HC has acquitted conviction and life sentence imposed on a couple accused of murdering their 18-month-old child, on ground that lower court’s d.....

Tags : Madras HC,Acquits conviction



SC to Rape Convict: Held Hand, Now Fall at Her Feet(08.09.2015)

Supreme Court has reduced a rape convict's two-year sentence to one year sentence on condition that if he fell at feet of victim-girl, sought her forg.....

Tags : Supreme Court ,rape convict



Bombay High Court Orders Rape Convict to Pay Rs 1L to Reduce Sentence(08.09.2015)

Bombay High Court has reduced a rape convict's sentence on condition that he pay Rs1 lakh to survivor, over 11 years after incident in 2004. It was do.....

Tags : Bombay High Court,Rape Convict



NGT to Haridwar District Administration: “If You Can’t Control Things, the Court Will”(09.09.2015)

Expressing displeasure over non-compliance to its plastic ban order at Haridwar, National Green Tribunal (NGT) Chairman Swatanter Kumar directed Harid.....

Tags : NGT,Haridwar District Administration



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



Kerala High Court Grants Relief to Kanan Devan Hills Plantation Company(08.12.2015)

Kerala High Court has quashed order of Idukki District Collector restraining Kanan Devan Hills Plantation Company from using as many as 21 bungalows i.....

Tags : Kerala High Court, Idukki District Collector



Supreme Court Rejects Plea to Translate Court Verdicts into Regional Languages(08.12.2015)

Supreme Court has dismissed a plea seeking to translate verdicts into 22 languages recognised in the Constitution.

Tags : Supreme Court , Court Verdicts into Regional Languages



Punjab and Haryana HC: Family Can’t Compromise on Behalf of Dead Victim(11.12.2015)

Punjab and Haryana HC while deciding plea to quash FIR on the basis of compromise, where it was alleged that the accused rammed his scooter in the mot.....

Tags : Punjab and Haryana HC, Compromise on Behalf of Dead Victim



Negotiable Instruments (Amendment) Bill, 2015(14.12.2015)

Passed by Lok Sabha in August of this year, the Rajya Sabha too stamped approval on the Negotiable Instruments (Amendment) Bill, 2015. The Bill addres.....

Tags : Negotiable instruments, cheque, jurisdiction, 2015



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



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



Delhi HC: Demonetization Must Not Affect Timely Relief to Rape Victims(24.11.2016)

Delhi High Court has said that demonetization should not come in way of banks releasing timely payments to compensate rape victims.

Tags : Delhi High Court, demonetization, rape victims, compensation



Delhi HC Quashes Order to Cancel Hospital’s Registration For Allegedly Conducting Pre-Natal Test(17.10.2017)

Delhi High Court while setting aside an order passed by the District Advisory Committee, which had cancelled the registration of a private hospital on.....

Tags : Delhi High Court, District Advisory Committee



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



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



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



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



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



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



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



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



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



Hyderabad HC Grants Compensation to Parents of Snake Bite Victims(03.10.2016)

Hyderabad HC has directed Central Government and Sarva Siksha Abhiyan'sTelangana Project Director to pay a compensation of Rs 8 lakh each to the paren.....

Tags : Hyderabad HC, Snake Bite Victims, Compensation



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



Judgments

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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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 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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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 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



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



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



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



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: ‘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



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: 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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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 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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



Allahabad HC Issues Contempt Notice to Man for Making Offensive Statements Against Judges(01.04.2022)

Allahabad High Court has issued a contempt notice to the man who wrote a letter alleging that in the District Court, all the Officers, Judges and empl.....

Tags : Allahabad High Court, contempt notice, District Court, Constitution of India



Karnataka HC: Foreign Arbitral Award Enforceable if Property Within Territorial Jurisdiction(04.04.2022)

Karnataka High Court has held that an international commercial arbitral award rendered between parties that have no link with India can be enforced by.....

Tags : Karnataka High Court, international commercial, arbitral award, territorial jurisdiction



ITAT, Mumbai: Revisional Jurisdiction Can’t be Invoked , Order of Assessment Without Reasons(04.04.2022)

Income Tax Appellate Tribunal, Mumbai, has observed that the revisional jurisdiction under section 263 of Income Tax Act, 1961 cannot be invoked while.....

Tags : Income Tax Appellate Tribunal, revisional jurisdiction, Section 263 of the Income Tax Act, 1961, M/s Reliance Payment Solutions Pvt Ltd



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



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



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



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



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



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



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



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



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



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



Kerala HC Directs Strict Action against Those Discarding Garbage in Drains(20.05.2022)

Kerala High Court has directed the Secretary of the Cochin Corporation to initiate strict action against those dumping garbage into canals and drains,.....

Tags : Kerala High Court, Strict Action, Roads and Canals



Kashmiri Separatist Leader Yasin Malik Convicted in J&K Terror Funding Case(20.05.2022)

A Special NIA Court in Delhi convicted Kashmiri separatist leader Yasin Malik, after he pleaded guilty in relation with Jammu & Kashmir terror funding.....

Tags : Delhi High Court, Trial, Conviction, Yasin Malik



Gujarat High Court: Statement of Co-accused Can’t Be the Sole Basis for Conviction(23.05.2022)

Gujarat High Court has held that the Statement or admission of the co-accused cannot be proved in evidence against the maker of it and it cannot be th.....

Tags : Gujarat High Court, Conviction, Co-accused



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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: 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



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



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



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



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



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



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



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



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 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



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: 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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



Delhi HC: Police Can't Transfer FIR Citing Jurisdiction After Magistrate's Order U/S 156(3) CrPC(09.12.2022)

Delhi High Court has held that once he order has been passed by the magistrate under Section 156(3) of CrPC directing investigation, it is not open to.....

Tags : Delhi High Court, Territorial Jurisdiction, Investigation, Police



MP HC: Can’t Object to Jurisdiction After Participating in Arbitral Proceedings Without Protest(14.12.2022)

Madhya Pradesh High Court has held that a party which has participated in the arbitration proceedings without any protest or challenge as to the juris.....

Tags : Madhya Pradesh High Court, Arbitral Proceedings, Jurisdiction, Protest



UP Court Convicts Mukhtar Ansari in a Gangster Act Case for 10 Years in Jail(16.12.2022)

Ghazipur District Court has convicted and sentenced ex-MLA Mukhtar Ansari and his aide to 10 years imprisonment in a 26 year old Gangster Case.

Tags : Ghazipur District, Mukhtar Ansari, Gangster Case



MP HC: Courts Other Than HCs’ to be Addressed as District Judiciary and Not Sub-Ordinate Judiciary(19.12.2022)

Madhya Pradesh High Court has passed a notification whereby all the courts in the State other than the High Court (HC) shall now be referred to as Dis.....

Tags : Madhya Pradesh High Court, District Judiciary, Subordinate Judiciary



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



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



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



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 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



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: 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



All. HC: Child in Conflict With Law Can't Seek Anticipatory Bail U/S 438 CrPC(15.02.2023)

Allahabad High Court has held that a child in conflict with law can’t file an application under Section 438 of CrPC seeking anticipatory bail as per t.....

Tags : Allahabad High Court, Juvenile Justice Act, Child in Conflict With Law, Anticipatory Bail



Cal. HC: Admitting Jurisdiction in Pleading Enough for Express Agreement(16.02.2023)

Calcutta High Court has held that filing of pleadings before arbitral tribunal and agreeing to jurisdiction of the tribunal therein satisfies the requ.....

Tags : Calcutta High Court, Express Agreement, Jurisdiction, Arbitration



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: Continue Practice of Having 1/3rd High Court Judges from District Courts(01.03.2023)

Supreme Court has observed that he present ratio of 1:3 between the judges who are elevated from District Judiciary to the High Courts from the servic.....

Tags : Supreme Court, Judges, District Judiciary



Del. HC: Must Exercise Caution While Passing Strictures Against Investigating Authorities(02.03.2023)

Delhi High Court has held that judges must exercise more control and caution while passing strictures against investigating authorities and police off.....

Tags : Delhi High Court, Strictures, Investigating Authorities



HP HC: Offences for Cheque Dishonor Can be Compounded after Conviction(03.03.2023)

Himachal Pradesh High Court has held that Courts under Section 147 of Negotiable Instrument Act are empowered to proceed to compound an offence, even .....

Tags : Himachal Pradesh High Court, Negotiable Instrument, Compound, Conviction



Del. HC to State: Prepare SOP for SDMs on How to Give Effect to Orders on Recovery & Eviction(03.03.2023)

Delhi High Court while observing that various orders for enforcement of possession and recovery which are to be given effect to by concerned SDM are n.....

Tags : Delhi High Court, Eviction, SOP, SDMs



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



Delhi HC: Party Cannot Dispute Jurisdiction on Account of Non-Existence of Arbitration Agreement(30.05.2022)

Delhi High Court has held that a party cannot dispute the jurisdiction on account of non-existence of the arbitration agreement

Tags : Delhi High Court, arbitrator, jurisdiction



All. HC: Raise Claims for Arrears of Rent Through DJs, Don't Take Recourse to Judicial Proceedings(17.05.2023)

Allahabad High Court has directed Judicial Officers seeking claims for arrears of rent in cases where Judicial officer was not provided Government acc.....

Tags : Allahabad High Court, Arrears of Rent, Judicial Proceedings, District Judges



JKL HC: If Court Lacks Jurisdiction it Can’t Hear Appln. to amend Plaint to Acquire Jurisdiction(17.05.2023)

Jammu and Kashmir and Ladakh High Court has held that if averments contained in existing plaint does not disclose court to have territorial jurisdicti.....

Tags : Jammu and Kashmir and Ladakh High Court, Jurisdiction, Acquire Jurisdiction



SC: Parties Not Allowed to Invoke Special Leave Jurisdiction to Bypass High Court(19.05.2023)

Supreme Court while observing that top court entertains SLPs without High Court being approached only when there is substantial question of general im.....

Tags : Supreme Court, SLP, Bypass, High Court, Jurisdiction



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



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



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



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



J&K&L HC: High Court has Absolute & Exclusive Disciplinary Control Over District Judiciary(01.07.2022)

Jammu and Kashmir and Ladakh High Court has held that control over District Judiciary vested in the High Court in Article 235 of the Constitution is c.....

Tags : Jammu and Kashmir and Ladakh High Court, District Judiciary, Control



Delhi HC Upholds Conviction of UP Cops in 2006 Custodial Death Case of a 26 Year Old(27.06.2023)

Delhi High Court has upheld the conviction awarded to six cops in Uttar Pradesh in the case of death due to custodial torture of a young 26 years old .....

Tags : Delhi High Court, Custodial Death, Conviction



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



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



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



Madras HC Upholds Conviction of Accused in Gokulraj Murder Case(05.06.2023)

Madras High Court while upholding the conviction of life imprisonment of eight accused in the Gokul Raj murder case and altering the conviction agains.....

Tags : Madras High Court, Gokulraj Murder Case, Conviction, Caste



Delhi HC to District Courts: Allow Lawyers/Parties to Appear Virtually Without Prior Request(06.06.2023)

Delhi High Court has directed District Courts to allow any of the parties or their lawyers to appear through hybrid or video-conferencing mode during .....

Tags : Delhi High Court, District Courts, Permit, Virtual, Video-Conferencing



Cal. HC: Civil Courts are Barred from Deciding Validity of Plant Variety Registration(12.06.2023)

Calcutta High Court has held that civil courts have no jurisdiction to decide the validity of plant variety registration under Protection of Plant Var.....

Tags : Calcutta High Court, Plant Variety, Registration, Civil Court, Jurisdiction



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



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



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: 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



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



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



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



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



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



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



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



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



Bombay HC: Jurisdiction of DM Under SARFAESI Act Purely Ministerial in Nature(25.08.2022)

Bombay High Court while observing that jurisdiction of District Magistrate (DM) is limited only to assisting secured creditors in taking possession of.....

Tags : Bombay High Court, SARFAESI, District Magistrate



Allahabad HC Upholds 3 Year Imprisonment of Man for Mutilating Private Part of 4 Year Old Girl(29.08.2022)

Allahabad High Court has upheld the conviction and 3-year imprisonment awarded to a man who had mutilated the private part of a 4-year-old girl in yea.....

Tags : Allahabad High Court, Conviction, Private Parts



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



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



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



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



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



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



SC: Can’t Entertain SLP Against NCDRC's Order Passed in Exercise of its Appellate Jurisdiction(27.07.2023)

Supreme Court has held that a party can approach the Apex Court under Article 136 of Constitution only if the order was passed by NCDRC was in exercis.....

Tags : Supreme Court, NCDRC, Appellate Jurisdiction, Article 136



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



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



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



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



SC: State Must Provide for Counselling for Child Victims of Sexual Offences(12.10.2023)

Supreme Court has suggested that whenever a child is subjected to sexual assault, the State or the Legal Services Authorities should ensure that the c.....

Tags : Supreme Court, Sexual Offences, Child Victims, Counselling



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



Mad HC Stays ED Summons to District Collectors in Sand Mining Money Laundering Case(28.11.2023)

Madras High Court has stayed the summons issued by the Enforcement Directorate (ED) to the District Collectors in sand mining money laundering case.

Tags : Madras High Court, District Collectors, Sand Mining



Bom. HC: Victim/Guardian Not Obligated to Appear in Appeal for Suspension of Sentence in POCSO Case(29.11.2023)

Bombay High Court while clarifying victims in POCSO cases or their guardians are not obligated to appear in appeals or applications for suspension of .....

Tags : Bombay High Court, Victim/Guardian, Appearance, POCSO



All. HC: S.388 Allows Appeal Against Order of Inferior Court to District Judge(01.12.2023)

Allahabad High Court has held that proviso to Section 388(2) of the Succession Act creates an exception by providing that an appeal from any order of .....

Tags : Allahabad High Court, Appeal, District Judge, Succession Act



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



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



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



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



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



Orissa HC to State: Withhold Final Orders on Establishment of New Districts Sans Court Approval(26.12.2023)

Orissa High Court has directed the State Government that the process of reorganization of the district, which the State Government wants to undertake,.....

Tags : Orissa High Court, New Districts, Approval



HP HC on Parole: Convicts Too Must Breathe Fresh Air for at Least Some Time During Incarceration(27.12.2023)

Himachal Pradesh High Court has held that convicts too must breathe fresh air for at least some time provided they maintain good conduct consistently .....

Tags : Himachal Pradesh High Court, Convicts, Parole



Raj HC: Minor Rape Victim Eligible for Compensation Even if Incident Occurred Before 2009 Amendment(04.01.2024)

Rajasthan High Court has held that a minor rape victim shall be eligible to avail the compensation under Section 357A CrPC even if the incident occurr.....

Tags : Rajasthan High Court, Rape Victim, Compensation



SC: Demand of Ransom Coupled with the Threat to Life Necessary for Conviction Under Section 364A IPC(04.01.2024)

Supreme Court has held that for conviction under Section 364A of IPC, the prosecution must prove, beyond a reasonable doubt, before the Court not only.....

Tags : Supreme Court, Conviction, Section 364A, Kidnapping



SC: Defence Not Lost if Plea Not Taken Under Section 313 CrPC(05.01.2024)

Supreme Court while observing that statement recorded u/s 313 of CrPC cannot form the sole basis of conviction, has held that mere omission to take a .....

Tags : Supreme Court, Section 313 of CrPC, Conviction



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



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



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



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



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



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



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



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



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



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



All. HC: Jurisdiction of GST & Central Excise Supt. Limits to Matters Not Exceeding Rs. 10 Lakh(26.02.2024)

Allahabad High Court while quashing order passed by GST and Central Excise Superintendent, has observed that the jurisdiction of GST and Central Excis.....

Tags : Allahabad High Court, GST and Central Excise Superintendent, Jurisdiction



Cal HC: High Court Lacks Jurisd. When Application u/s 9A of A&C Act Filed Before Commercial Court(26.02.2024)

Calcutta High Court has held that if an application under Section 9A of Arbitration and Conciliation Act, 1996 (A&C Act) has been filed before a comme.....

Tags : Calcutta High Court, Section 9A of A&C Act, Jurisdiction, Commercial Court



Bombay HC: Can’t Entertain Application Increasing Valuation of Suit if Pecuniary Jurisdiction Lost(26.02.2024)

Bombay High Court has observed that an application for increasing the valuation of suit cannot be entertained by it when due to increase in pecuniary .....

Tags : Bombay High Court, Valuation of Suit, Pecuniary Jurisdiction



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



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



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



Bom HC: Eviction of Air India Employee Due to Privatization is Not Industrial Dispute(14.03.2023)

Bombay High Court while observing that right to retain accommodation is governed by stipulations of leave and license agreement and not as a matter of.....

Tags : Bombay High Court, Accommodation, Eviction, Air India, Industrial Dispute



JKL HC: No Absolute Bar to Invoke Writ Jurisdiction in Contractual Matters With State(16.03.2023)

Jammu and Kashmir and Ladakh High Court has observed that there has been paradigm shift in approach of the Courts in exercise of its Writ Jurisdiction.....

Tags : Jammu and Kashmir and Ladakh High Court, Writ Jurisdiction, Contractual matter



Ker. HC Issues Guidelines for DNA Testing of Children of Rape Victims Who Are Given in Adoption(23.04.2024)

Ker. HC laid down guidelines for DNA testing of children of rape victims given in adoption which state that Courts shall not entertain applications se.....

Tags : Kerala High Court, DNA Testing, Rape Victims, Adoption



Karnataka High Court: Smoking Hookah as Addictive and Harmful as Smoking Cigarettes(23.04.2024)

Kar. HC has upheld State Government’s notification that banned sale, consumption, storage, etc of hookah products within State and observed that hooka.....

Tags : Karnataka High Court, Hookah, Addictive, Article 47 of COI



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



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



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



Punishment of life imprisonment is not unquestionably foreclosed in spite of gravity and barbarity of offence(01.10.2019)

The instant review proceedings pertain to Review Petition seeking to review the final judgment passed by this Court confirming conviction under Sectio.....

Tags : Conviction, Death sentence, Legality



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



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



In rape cases, the finding of guilt can be recorded even on the basis of uncorroborated testimony of the prosecutrix, if cogent and reliable(23.10.2020)

The present appeal is preferred under Section 374 of Code of Criminal Procedure, 1973 (CrPC) on behalf of the Appellant challenging the judgment and o.....

Tags : Conviction, Evidence, Credibility



To prove the case under NDPS Act, ownership of the vehicle is not required to be established(10.09.2020)

Original accused no.1 has preferred the present appeal against impugned Judgment passed by the High Court by which the High Court has dismissed the sa.....

Tags : Conviction, Evidence, Credibility



Conviction Can Be Based On Sole Testimony Of Victim If Reliable And Trustworthy(14.10.2020)

The Appellant – original accused has preferred the present appeal, feeling aggrieved and dissatisfied with the impugned judgment and order passed by t.....

Tags : Conviction, Evidence, Credibility



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



All. HC: Use Terms District Judiciary & Trial Courts Instead Of 'Subordinate Judiciary/Courts(19.01.2023)

Allahabad High Court has issued a notification stating that the terms 'district judiciary' and 'trial Courts' shall be used instead of 'subordinate ju.....

Tags : Allahabad High Court, District Judiciary, Trial Courts, Subordinate Judiciary



Delhi HC Issues Guidelines for Shielding of POCSO Victims During Bail Hearings(19.01.2023)

Delhi High Court has issued directions regarding the presence of POCSO victims during bail hearings, while observing that the same has an adverse impa.....

Tags : Delhi High Court, POCSO Victims, Bail, Virtual Hearing



Chhattisgarh HC: Maintenance Tribunal Has Power To Order Eviction Of Children From Parents House(24.01.2023)

Chhattisgarh High Court has ruled that Maintenance Tribunal possesses power under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.....

Tags : Chhattisgarh High Court, eviction, Maintenance



Ker. HC: Writ Jurisdiction Cannot be Invoked to Re-Appreciate Evidence in Disciplinary Proceedings(01.04.2024)

Kerala High Court has held that the Court cannot consider the question about the sufficiency or adequacy of evidence in support of a particular conclu.....

Tags : Kerala High Court, Disciplinary Proceedings, Writ Jurisdiction



Cannot Disclose Identity of POCSO Victim, Supreme Court Calls for Sensitization(08.04.2024)

SC has observed that exercise of sensitization of judicial officers and police officers is required to be done in the State of West Bengal to ensure c.....

Tags : Supreme Court, POCSO Victim, Identity, Sensitization



If the witnesses are otherwise trustworthy, past enmity by itself will not discredit any testimony(09.10.2020)

Present Appeal has been preferred by 5 accused, challenging the judgment whereby, the Madhya Pradesh High Court, approved the conviction of the appell.....

Tags : Conviction, Evidence, Credibility



Gau. HC: Primary Duty of the State to Disburse Funds Under Victim Compensation Scheme(09.04.2024)

Gauhati High Court while stating that it is the primary duty of the State to provide fund for the disbursement of compensation to the victims under th.....

Tags : Gauhati High Court, Victim Compensation Scheme, Funds



Raj. HC: Coercive Action Stayed Against Magistrate Who Allegedly Asked Rape Victim to Strip(10.04.2024)

Rajasthan High Court has stayed coercive action against a Judicial Magistrate who has been accused of asking a rape victim to strip and show her injur.....

Tags : Rajasthan High Court, Judicial Magistrate, Rape Victim, Coercive Actions



Allahabad High Court: Can’t Decide Jurisdiction of DRTs Solely on the Basis of Location of Asset(15.04.2024)

Allahabad High Court has held that for entertaining application under Section 17 of the Securitization and Reconstruction of Financial Assets and Enfo.....

Tags : Allahabad High Court, Debt Recovery Tribunals, Jurisdiction, SARFESI



Supreme Court: Enable E-Filing & Virtual Appearance Facilities At UP District Courts(16.04.2024)

Supreme Court has asked the Registrar General of the Allahabad High Court that e-filing facility must be enabled at the e-Sewa Kendras of the District.....

Tags : Supreme Court, Allahabad High Court, E-Filing Facility, District Courts



Supreme Court: Strict Penalties Required for Official Misconduct During Elections(19.04.2024)

Supreme Court has observed that the issue of official misconduct during elections is very serious and there should be strict penalties regarding the s.....

Tags : Supreme Court, Strict Penalties, Official Misconduct



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



Delhi HC: Sensitization of Trial Court Judges Required in Pronouncing Judgements on Conviction(27.05.2024)

Del. HC has observed that judgments on conviction should only be pronounced when they are ready for pronouncement and where judges convict accused and.....

Tags : Delhi High Court, Pronouncing Judgements, Conviction



Bom. HC: One-Week Bail Granted to Life Convict to Appear in Entrance Test(27.05.2024)

Bombay High Court has granted one-week temporary bail to a convict serving a life sentence and allowed him to appear in the Maharashtra Common Entranc.....

Tags : Bombay High Court, Entrance Test, Life Convict



When the test identification parades are held in police presence, statements made by the identifiers to a police officer fall within the ban of Section 162 of CrPC(29.10.2020)

The present Appeal challenges the judgment of the High Court, whereby the Criminal Appeal was disposed of upholding the conviction of the Appellant in.....

Tags : Conviction, Evidence, Credibility



The question of jurisdiction is a question of law and can be raised at any point of time(17.11.2020)

The Petitioners seeks to quash Exhibit P-9 order, granting leave to Respondent to amend the plaint. Whether a civil Court can consider an application .....

Tags : Amendment, Plaint, Jurisdiction



Investigation and arrest under Immoral Traffic (Prevention) Act, 1956 has to be conducted by Special Police Officer authorized in that behalf(27.11.2020)

Petition has been filed under Section 482 of Code of Criminal Procedure, 1973 (CrPC) to quash all further proceedings against the Petitioner/first acc.....

Tags : Jurisdiction, Proceedings, Quashing of



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



SC: Judges Not Following Judgments on Bail Might be Taken Off from Judicial Work & Sent for Training(22.03.2023)

Supreme Court while observing that even after 10 months of judgment, district judiciary is not complying with direction in Satender Kumar Antil case, .....

Tags : Supreme Court, District Judiciary, Satender Kumar Antil case



All. HC: Mentioning Certain Sections in Title of Claim Made to Labour Court Won’t Determine Jurisdi.(14.05.2024)

Allahabad High Court has observed that it is well settled that the title of an application/claim and reference made therein or merely mentioning certa.....

Tags : Allahabad High Court, Title of Claim, Jurisdiction



P&H HC: Conviction of Wife for Killing Minor Son Amounts to Cruelty; Grant of Divorce Upheld(22.05.2024)

Punjab and Haryana High Court while observing that the conviction of the wife for killing her minor son amounts to mental cruelty to the husband, has .....

Tags : Punjab and Haryana High Court, Conviction, Mental Cruelty



All. HC: Juris. While Dealing With S.34 App. Can’t be Disputed by Party Filing S.9 App. in One Court(22.05.2024)

All. HC has held that if a party has filed an application under Section 9 of A&C Act, 1996 before one court then objection regarding territorial juris.....

Tags : Allahabad High Court, Territorial Jurisdiction, Arbitration Agreement



Blank cheque leaf would attract presumption under Section 139 of the Negotiable Instruments Act, 1881, when signatures are admitted by the Accused(10.02.2021)

Appellant No. 1 and its managing partner(Appellant No. 2) are in appeal challenging the judgment passed by the High Court, whereby the order of acquit.....

Tags : Cheque bounce, Conviction, Legality



Consent of minor is of no defence to charge of kidnapping(12.01.2021)

The Appellant impugns the judgment pronounced by the High Court by which his conviction under Section 376 of the Indian Penal Code, 1860 (IPC) was ove.....

Tags : Conviction, Sentence, Legality



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



Mad. HC: State Bound to Take Care of Adults With Mental Health Illness and No Family Support(12.06.2024)

Madras High Court while directing the State to provide lifelong accommodation and medicare to a 20 year old mentally disabled man, has observed that p.....

Tags : Madras High Court, Parens Patrie Jurisdiction, Mental Health Illness



Tenants do not have unlimited right to continue to enjoy tenancy in perpetuity(31.01.2020)

Petitioner has challenged an order under which he has been granted a period of seven days by the Assistant Commissioner of Agartala Municipal Corporat.....

Tags : Eviction, Relocation, Legality



In a case based on circumstantial evidence, circumstances must be consistent only with the hypothesis of the guilt of the accused and inconsistent with the innocence(23.02.2021)

The accused Appellant was charged for offence under Section 302 of Indian Penal Code, 1860 (IPC) for the murder of his own wife while she was at the a.....

Tags : Conviction, Evidence, Credibility



Dying declaration cannot be disbelieved on mere basis that parents and relatives of deceased were present in hospital while recording it(03.03.2021)

Present appeal has been filed by the Accused aggrieved by the judgment and order passed by the High Court whereby, his conviction and order of sentenc.....

Tags : Conviction, Evidence, Credibility



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



SC: Promotions Must be Made on Principle of Merit-Cum-Seniority and on Passing a Suitability Test(15.05.2023)

Supreme Court while staying promotion of judicial officers as district judges in Gujarat as the notification for the same was made while the matter wa.....

Tags : Supreme Court, Promotion, District Judge, Judicial Officer



Telangana High Court: 12-Year-Old Rape Victim Allowed to Terminate 26 Weeks Pregnancy(08.07.2024)

Telangana High Court has allowed a twelve-year-old rape victim to terminate twenty-six weeks pregnancy on the ground that if the victim is forced to c.....

Tags : Telangana High Court, Rape Victim, 26 Weeks Pregnancy



Power to award fixed term sentences without remission is available only with the High Court and Supreme Court(01.04.2021)

Present appeal has been filed under Section 374 of the Code of Criminal Procedure, 1973 (CrPC) by the convict Appellant against the judgment of senten.....

Tags : Conviction, Sentence, Legality



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



SC: Can’t Upheld Conviction in Absence of Trial Court’s Records(27.04.2023)

Supreme Court while setting aside Allahabad High Court’s judgment upholding conviction of a person on ground that High Court can’t decide appeal witho.....

Tags : Supreme Court, Conviction, Trial Court’s Records



AP HC: Registry to List Plea Challenging Illegal Detention of 195 Bovine Animals(20.06.2024)

Andhra Pradesh High Court while observing that in matters concerning the welfare of animals court cannot be stopped from exercising inherent jurisdict.....

Tags : Andhra Pradesh High Court, Bovine Animals, Inherent Jurisdiction



Utt. HC: While Exercising Inherent Jurisdiction, HC Does Not Function As Court of Appeal or Revision(21.06.2024)

Utt. HC has held that inherent jurisdiction though wide should not be capriciously or arbitrarily exercised, but should be exercised in appropriate ca.....

Tags : Uttarakhand High Court, Inherent Jurisdiction, Court of Appeal



Kar. HC: For Denial of Relief by Court, Political Influence in Transfer & Posting May be the Ground(25.06.2024)

Karnataka High Court has observed that the act of public servants causing political influence in matters of transfer & posting is a matter of deprecat.....

Tags : Karnataka High Court, Political Influence, Public Servants, Constitutional Jurisdiction



Ker. HC: Court Can Even Quash Criminal Proceedings u/s 376 of IPC by Invoking S. 482 of CrPC(25.06.2024)

Kerala High Court has observed that, in exceptional circumstances Court by exercising its inherent jurisdiction under Section 482 of Code of Criminal .....

Tags : Kerala High Court, S. 482 of CrPC, Inherent Jurisdiction, S. 376 of IPC



Cal HC: Venue Won’t be Seat of Arbitration if Agreement Confers Jurisdiction on a Different Court(12.06.2023)

Calcutta High Court has held that presence of a clause which confers exclusive jurisdiction upon a Court in a place other than the venue of arbitratio.....

Tags : Calcutta High Court, Arbitration, Seat, Venue, Jurisdiction



All. HC: District Inspector of Schools Can’t Interfere With Seniority List Issued by Institution(31.07.2024)

All. High Court has held that the District Inspector of Schools has no authority under provisions of regulations framed under the U.P. Intermediate Ed.....

Tags : Allahabad High Court, Seniority List, District Inspector



All. HC: District Inspector of Schools Can’t Interfere With Seniority List Issued by Institution(31.07.2024)

Allahabad High Court has held that the District Inspector of Schools has no authority under provisions of the regulations framed under the U.P. Interm.....

Tags : Allahabad High Court, Seniority List, District Inspector



Ker. HC: Court Can Exercise Jurisdiction Over Courts & Tribunals Within its Territorial Jurisdiction(01.08.2024)

Ker. HC has held that this Court can exercise jurisdiction under Article 227 only over those courts and tribunals situated within its territorial limi.....

Tags : Kerala High Court, Territorial Jurisdiction, Supervisory Jurisdiction



Cal. HC: Engagement on ‘Sensitive Posts’ on Contractual Basis Creates Difficulty(01.08.2024)

Calcutta High Court has held that the posts of ‘Stenographer’, ‘Bench Clerk’ are very sensitive post for functioning of District Judiciary. Engagement.....

Tags : Calcutta High Court, District Judiciary, Contractual Basis, Stenographer



Before the scrutiny assessment is made under Section 143(3) of IT Act, issuance of notice under Section 143(2) of IT Act is mandatory(11.05.2021)

Present appeal preferred by the assessee is against the order of Learned Principal Commissioner of Income Tax, passed under Section 263 of the Income .....

Tags : Assessment, Jurisdiction, Validity



Minor Contradictions cannot be the basis to discredit witnesses' testimony(26.03.2021)

Present appeal is filed by the accused aggrieved by the judgment and order of conviction and sentence in Criminal Appeal passed by the High Court. Cas.....

Tags : Conviction, Testimony, Witnesses



The party raising the jurisdictional objection under Section 16 of Arbitration Act has to raise it with alacrity(25.03.2021)

The Petitioners filed an application under Section 16 of the Arbitration and Conciliation Act, 1996 (Arbitration Act) and raised an objection that, th.....

Tags : Dispute, Jurisdiction, Adjudication



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



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



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



When there is no period agreed upon between the parties, duration has to be determined by referring to the object with which the tenancy is created(17.06.2020)

In present case, an application under Section 13 of East Punjab Urban Rent Restriction Act, 1949 was filed by the Appellant-landlord praying for evict.....

Tags : Eviction, Rent deed, Registration



Examination of independent witnesses is not an indispensable requirement and non-examination is not necessarily fatal to the prosecution case(06.05.2021)

The original accused has preferred the present appeal dissatisfied with the impugned judgment and order passed by the High Court, by which the High Co.....

Tags : Conviction, Evidence, Credibility



SC: Fixing Cut Off on Basis of Viva Voce for DJ Selection by Kerala HC was Manifestly Arbitrary(13.07.2023)

Supreme Court has held that process followed by the Kerala High Court in fixing a cut-off mark on the basis of viva-voce for the selection of District.....

Tags : Supreme Court, Viva Voce, Cut Off, District Judges



SC: As Decree was Passed After 38 Years, Defect of Suit Being Filed Before 5 Years of Tenancy Cured(13.07.2023)

Supreme Court while allowing the appeal of a landlord, who filed an eviction suit within 5 years of tenancy, observed that even though such suits are .....

Tags : Supreme Court, Tenancy, Defect, Eviction



Guj HC to State: Form Committee to Identify Rape Cases Where Convictions is Based on Weak Evidence(17.07.2023)

Gujarat High Court has directed State Government to establish a committee to identify rape cases which are pending before the High Court where convict.....

Tags : Gujarat High Court, Rape, Weak Evidence, Conviction



P&H HC: BCI Can Assume Revisional Jurisdiction Only When Matter is Disposed of by State Bar Council(21.10.2024)

P&H HC has stated that the revisional jurisdiction by the Bar Council of India can only be assumed, when a matter is disposed of by a State Bar Counci.....

Tags : P&H High Court, Revisional Jurisdiction, Bar Council of India



SC Issues Directions Regarding Awareness of Convicted Prisoners' Right to Legal Aid(24.10.2024)

Supreme Court while issuing directions regarding awareness of convicted prisoners' right to legal aid, has observed that the most important task in an.....

Tags : Supreme Court, Convicted Prisoners, Legal Aid



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



Statement of the accused recorded under Section 313 of CrPC is not a substantive evidence of defence to rebut the presumption under Section 139 of the NI Act(09.03.2021)

The Appellant is aggrieved by the judgment passed by the High Court holding the Appellant guilty of offence under Section 138 of the Negotiable Instru.....

Tags : Cheque bounce, Conviction, Legality



Consumer complaints filed before coming into effect of Consumer Protection Act, 2019 (CPA, 2019) should continue in the fora in which they were filed as per pecuniary jurisdiction(16.03.2021)

The Appellants instituted a consumer case before the National Consumer Disputes Redressal Commission on 18 June 2020. The consumer case was instituted.....

Tags : Pecuniary jurisdiction, Complaints, filing of



Private vehicle would not come within the expression “public place” as explained in Section 43 of the NDPS Act(16.04.2021)

Present appeal challenges the judgment and final order passed by the High Court dismissing appeal preferred by the Appellants and affirming their conv.....

Tags : Conviction, Compliance, Provision



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



Cal. HC to State: Pay Compensation to Acid Attack Victim in Adherence to NALSA Guidelines(12.09.2023)

Calcutta High Court while observing that State which was once known for its progressive feminist discourse has forgotten its feminist roots, has direc.....

Tags : Calcutta High Court, NALSA Guidelines, Acid Attack Victim



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



Del. HC to District Courts: Adopt Standardized Online Filing System(23.08.2023)

Delhi High Court has directed District Courts in the State to adopt a standardized online filing system for pleadings, documents, and miscellaneous ap.....

Tags : Delhi High Court, Online Filing System, District Courts



Del. HC: No Bar on Jurisdiction of Civil Courts to Allow Suit for Recovery of Arrears of Maintenance(24.08.2023)

Delhi High Court while observing that once amount becomes due and payable, it becomes a legal debt, the recovery of which can be sought by way of a ci.....

Tags : Delhi High Court, Jurisdiction, Recovery, Maintenance



SC: S.202 CrPC Procedure Mandatory When Accused Resides at Place Outside Jurisdiction of Magistrate(25.08.2023)

Supreme Court has held that there is no doubt that procedure under Section 202 CrPC will have to be held as mandatory in a case where the accused is r.....

Tags : Supreme Court, Mandatory, Jurisdiction, Magistrate



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: Plea of Lack of Jurisdiction Can’t be Invoke at Execution Stage by Judgment Debtor(25.10.2023)

Supreme Court while observing that a plaintiff shall not be made to suffer by the passive act of the defendant in submitting to the jurisdiction, has .....

Tags : Supreme Court, Judgment Debtor, Jurisdiction



Ker. HC: Supervisory Jurisdiction Can’t be Invoked for Appeal Against Order in Interim Application(26.10.2023)

Kerala High Court has held that High Court can’t invoke supervisory jurisdiction under Article 227 in appeal against order by DRT passed in an interim.....

Tags : Kerala High Court, Supervisory Jurisdiction, SARFAESI



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



Ker. HC: Limitation Act Doesn’t Stipulate Time for Victim to File Appeal U/S 372 CrPC(13.10.2023)

Kerala High Court while relying on judgment in Sobhanakumari K. vs. Santhosh (MANU/KE/2167/2017), has held that here is no time period stipulated unde.....

Tags : Kerala High Court, Limitation Act, Appeal, Conviction



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



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



Pleas of unsoundness of mind or mitigating circumstances like juvenility of age ought to be raised during trial itself(19.08.2020)

The present criminal appeal is at the instance of Accused-Appellant who impugns the judgment of the High Court whereby his appeal against a judgment o.....

Tags : Conviction, Evidence, Legality



Evidence of witnesses cannot be disbelieved on basis of minor contradiction(06.07.2021)

Present appeal is filed against judgment and order passed by the High Court, by which the High Court has dismissed the said appeal preferred by the Ap.....

Tags : Conviction, Evidence, Credibility



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



SC: Conviction Under S. 302 IPC Cannot be Based Upon Statement of Untrustworthy Witness(15.01.2024)

Supreme Court while setting aside the conviction of a person in a murder case of 1999 has held that if a witness is branded as untrustworthy having al.....

Tags : Supreme Court, S. 302 IPC, Conviction, Untrustworthy Witness



SC Issues Directions Regarding Compensation for Victims of Hit & Run Cases(15.01.2024)

After considering the dismal rate of grant of compensation under Compensation of Victims of Hit and Run Motor Accidents Scheme, 2022, the SC has issue.....

Tags : Supreme Court, Compensation, Victims, Hit & Run Cases



Skill Development Scam Case: Split Verdict by SC On Quashing FIR Against Chandrababu Naidu(16.01.2024)

Supreme Court has given split verdict on a plea by Chandrababu Naidu for quashing of first information report against him in skill development scam ca.....

Tags : Supreme Court, Split Verdict, Chandrababu Naidu, Skill Development Scam



Del. HC: Interest Cannot be Included in “Aggregate Value of Claim & Counter-Claim” u/s. 12 of CCA(17.01.2024)

Delhi HC has held that to determine pecuniary jurisdiction of a Court for petition u/s 34 of the A&C Act the value of claims and counterclaims shall n.....

Tags : Delhi High Court, Pecuniary Jurisdiction



Mere fact that landlords own an another residential house within the city limit does not prohibit landlords to claim eviction of an independent house for their own use and occupation(18.06.2021)

Present Petition has been filed under Order 25 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 is against the order passed by trial Cou.....

Tags : Eviction, Bonafide need, Legality



Litigants cannot directly approach High Court by overlooking jurisdiction of Central Administrative Tribunal(13.07.2020)

The legal controversy that arises for consideration is the maintainability of the present petition before present Court. Petitioner successfully quali.....

Tags : Appointment, Legality, Jurisdiction



Delivery of cover is immaterial and if department could establish that, notice was dispatched before expiry of limitation, it would be sufficient to meet the requirement of Section 149 of IT Act(28.06.2021)

The notice issued under Section 148 of the Income Tax Act, 1961 (IT Act) in proceeding as well as the impugned letter issued by the 2nd Respondent are.....

Tags : Assessment, Notice, Jurisdiction



All HC: Visa and Citizenship Claim to be Decided on Merits & not on Negative Report of DM(22.01.2024)

Allahabad High Court has held that claim for visa and citizenship cannot be decided by a negative report of the District Magistrate (DM). It has to be.....

Tags : Allahabad High Court, Competent Authority, Negative Report, District Magistrate



SC Passed Directions Regarding Recruitment in District Judiciary in MP, Punjab and Haryana(08.11.2023)

Supreme Court has directions regarding time schedule for the recruitment of District Judges in the High Courts of Madhya Pradesh, Punjab and Haryana, .....

Tags : Supreme Court, District Judiciary, Recruitment, Directions



SC: P&H HC's 50% Minimum Mark Criteria in Interviews For Promotion As District Judges Upheld(14.02.2024)

Supreme Court has upheld the criteria set by Punjab and Haryana High Court (P&H HC) which requires the judicial officers to secure a minimum of 50% ma.....

Tags : Supreme Court, Minimum Marks, Promotion, District Judges



Ker HC: Writ Jurisdiction Under Article 226 of Constitution Can’t Be Invoked For Execution of Decree(16.02.2024)

Kerala High Court has held that for execution of a decree, writ jurisdiction under Article 226 of the Constitution of India cannot be invoked when the.....

Tags : Kerala High Court, Writ Jurisdiction, Article 226 of Constitution, Execution of Decree



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



Mere demand of dowry is not sufficient to bring home the offence to an accused(21.06.2021)

The Appellants being aggrieved against the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge has preferred.....

Tags : Conviction, Evidence, Credibility



When there are definite evidence proving an incident and eye­witness account prove the role of accused, absence of motive does not affect the prosecution case(09.09.2020)

The original accused has preferred the present appeal dissatisfied with the impugned judgment and order passed by the High Court by which the High Cou.....

Tags : Conviction, Sentence, Legality



NCLT/NCLAT has no residual equity jurisdiction while dealing with Resolution Plan approved by Committee of Creditors(10.08.2021)

Present appeal arises under Section 62 of the Insolvency and Bankruptcy Code, 2016 against a judgment of the National Company Law Appellate Tribunal. .....

Tags : Resolution Plan, CoC, Jurisdiction



Bombay HC Delivers Split Verdict on Plea Challenging IT Rules Amendment(01.02.2024)

Bombay High Court has delivered a split verdict on the pleas seeking to strike down Rules 3(i)(II)(A) & (C) of the IT Amendment Rules, 2023. While Jus.....

Tags : Bombay High Court, IT Rules Amendment, Split Verdict



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



Ker. HC: Court Can Execute its Maintenance Order Against Person Residing Outside its Jurisdiction(12.01.2023)

Kerala High Court has held that even though an order of maintenance may be enforceable at the place where the person against whom it is made resides, .....

Tags : Kerala High Court, Maintenance, Execute, Jurisdiction



Kar. HC: Deflection From Terms of Compromise Will Lead to Re-Imposition of Conviction Order(04.03.2024)

Karnataka High Court has held that when a person has been convicted under the Negotiable Instruments Act, 1881 and such conviction is set aside on the.....

Tags : Karnataka High Court, Re-imposition, Conviction Order



If the testimony of the child victim inspires confidence and is reliable, it is sufficient to record the conviction(10.08.2021)

The present appeal is preferred on behalf of the Appellant challenging the judgment on conviction and order on sentence passed by the trial Court aris.....

Tags : Conviction, Evidence, Credibility



If signature on cheque is admitted, presumption under Section 139 of NI Act that cheque was issued in discharge of a legally enforceable debt will be raised(23.09.2021)

The Appellant is before present Court assailing the common order passed by the High Court. Through the said order, the learned Single Judge has allowe.....

Tags : Conviction, Deletion, Validity



Arbitral process could be interfered under Article 226/227 of the Constitution by the High Court only in exceptional circumstances(06.01.2021)

In facts of present case, on 13th February, 1991, Respondent No. 1 entered into a contract with the Appellant to manufacture and supply bricks. The af.....

Tags : Arbitral process, Discretionary power, Jurisdiction



Once there is an arbitration clause in the agreement, it is obligatory for the court to refer the parties to arbitration in terms of the said agreement(09.11.2021)

The present petition under Article 227 of the Constitution of India impugns the judgment passed by the Additional District Judge, whereby the applicat.....

Tags : Existence, Arbitration clause, Jurisdiction



A victim's counsel cannot be given right to make oral arguments or examine and cross-examine witnesses(20.11.2019)

Present appeal arise out of judgment passed by the High Court of Calcutta in revisional application affirming the order passed by the Additional Distr.....

Tags : Prosecution, Victim's counsel, Participation



IBC bars jurisdiction of civil courts in respect of any matter in which NCLT or NCLAT is empowered by Code to pass any Order(18.11.2019)

The present civil appeals have been filed by the Appellant-Resolution Professional appointed by the National Company Law Tribunal for the Corporate De.....

Tags : Auction, Assets, Interim order, Jurisdiction



Evidence recorded in a criminal trial against any accused is confined to the culpability of that accused only(29.10.2021)

In facts of present case, trial Court vide separate judgments and orders under Sections 132, 135(1)(a)(ii) read with 135A of the Customs Act 1962, had.....

Tags : Conviction, Evidence, Culpability



While considering a petition under Section 34 of the Arbitration Act, the Court cannot act as an appellate forum(13.11.2021)

The appeal arises from a judgment of a Single Judge of the High Court. High Court not only set aside the judgment of the District Judge rejecting the .....

Tags : Award, Jurisdiction, Validity



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



Madras HC: Voluntary Surrender of Accused Can’t be Accepted by Magistrate Who Lacks Jurisdiction(13.03.2024)

Madras High Court has held that where the accused voluntarily surrenders before the Magistrate, such surrender should not be accepted by the Magistrat.....

Tags : Madras High Court, Voluntary Surrender, Jurisdiction



SC: Factors Deciding Term of Sentence to be Undergone by Murder Convicts Before Remis., Summarised(21.03.2024)

Supreme Court has summarized the factors to determine term of sentence to be undergone before remission could be sought by accused of murder cases. Th.....

Tags : Supreme Court, Murder Convicts, Criminal Antecedents



Del. HC: Record Rooms of District Courts in Grim Situation, Record to be Weeded Out Efficiently(24.04.2024)

Delhi High Court has observed that the situation in record rooms of the District Courts is grim and the process of weeding out of the record needs to .....

Tags : Delhi High Court, Record Rooms, District Courts



When cause of provocation was sudden, without premeditation, case falls under Exception 4 of Section 300 of IPC(09.02.2021)

The challenge in the present appeal is to an order passed by the High Court whereby an appeal against the judgment of conviction and the order of sent.....

Tags : Conviction, Sentence, Legality



Before imposing the extreme penalty of death sentence, the Court should satisfy itself that, death sentence is imperative(26.11.2021)

Present Petition has been filed under Article 137 of the Constitution of India, 1950 seeking review of the judgment. The Petitioners were convicted fo.....

Tags : Conviction, Death sentence, Validity



Supreme Court: Split Verdict Delivered on Appointment of Shiksha Karmis in Madhya Pradesh(08.04.2024)

Supreme Court has delivered a split verdict in a case regarding the appointment of Shiksha Karmis in Madhya Pradesh. While Justice JK Maheshwari uphel.....

Tags : Supreme Court, Shiksha Karmis, Split Verdict, Appointment



Financial Assistance Scheme for District Judiciary Employees Introduced by CJ of Madras HC(23.05.2024)

Chief Justice (CJ) of Madras High Court has launched the Chief Justice Relief Fund Scheme for district judiciary employees and is a subscription based.....

Tags : Madras High Court, Chief Justice, District Judiciary Employees



Ori. HC: ‘Online RTI Portal’ Launched by Orissa High Court(02.05.2024)

Orissa High Court has launched a Right to Information portal on which the citizens may register themselves to obtain information under the Right to In.....

Tags : Orissa High Court, Right to Information, District Judiciary



Ker. HC: Declining a Rape Victim to Terminate Pregnancy Violates Right to Live With Dignity(06.05.2024)

Ker HC has observed that declining permission to rape victim to medically terminate her unwanted pregnancy would amount to forcing the responsibility .....

Tags : Kerala High Court, Right to Live, Rape Victim, Pregnancy



Supreme Court: Constitutionality of Minimum Mark Criteria for Interview Upheld(07.05.2024)

SC has upheld the constitutionality of rules that require a candidate to fulfill minimum mark criteria in the viva voce test for appointment to Distri.....

Tags : Supreme Court, Minimum Mark Criteria, District Judiciary



NCLT does not have any residuary jurisdiction to entertain contractual dispute(23.11.2021)

Present appeal arises from a judgment of the National Company Law Appellate Tribunal. The NCLAT upheld the interim order of the National Company Law T.....

Tags : Contractual dispute, Proceedings, Jurisdiction



Civil court cannot declare orders passed by the authorities under the ULC Act as illegal or non-est(22.11.2021)

In present matter, the trial Court by the judgment and decree decreed the suit on the ground that, possession has not been taken, before the Urban Lan.....

Tags : Possession, Suit, Jurisdiction



Mad. HC: State Bound to Take Care of Adults With Mental Health Illness and No Family Support(12.06.2024)

Madras High Court while directing the State to provide lifelong accommodation and medicare to a 20 year old mentally disabled man, has observed that p.....

Tags : Madras High Court, Parens Patrie Jurisdiction, Mental Health Illness



Mad. HC: Sexual Harassment at Workplace a ‘Continuing Offence’ If Causes Constant Trauma and Fear(14.06.2024)

Mad. HC has held that when offence of sexual harassment at workplace is a serious one causing grave mental trauma and stress to victim, pushing her to.....

Tags : Madras High Court, Sexual Harassment, Secondary Victimization, Continuing Offence



Pat. HC: Secondary Evidence Determining Victim’s Age to Stand Proven if No Challenge Made by Accused(01.07.2024)

Patna High Court has observed that secondary evidence produced by the prosecution to determine the victim’s age under the POCSO Act, 2012 shall stand .....

Tags : Patna High Court, Secondary Evidence, Victim’s Age



Bombay High Court: Desire of Contesting Elections Not Sufficient to Stay Conviction(08.07.2024)

Bom. HC has observed that merely because accused has to represent his constituency, it could not be an exceptional circumstance for a grant of stay to.....

Tags : Bombay High Court, Contesting Elections, Conviction



HP HC: No Requirement of Practicing for 7 Years for Appointment as District Judge(15.07.2024)

Himachal Pradesh High Court has held that Article 233(2) of the Constitution of India does not require continuous practice for seven years as an advoc.....

Tags : Himachal Pradesh HC, A. 233(2) of COI, District Judge, 7 Years



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



There must be existence of a proximate and live link between the effect of cruelty based on dowry demand and the death concerned(17.12.2021)

The Appellant are aggrieved by the common judgment passed by the High Court upholding the judgment of conviction under Sections 304B and 201 read with.....

Tags : Conviction, Evidence, Credibility



SC: District Judiciary Shall Not Be Referred as Subordinate Judiciary(22.05.2023)

Supreme Court while passing judgment on enhanced pay scale for judicial officers as per Second National Judicial Pay Commission has stated that Suprem.....

Tags : Supreme Court, District Judiciary, Subordinate Judiciary, Second National Judicial Pay Commission



Del. HC: DDA Criticized for Not Taking Measures for Beautification of District Park(22.07.2024)

Delhi High Court while criticizing Delhi Development Authority (DDA) for not taking beneficial measures for beautification of District Park, has obser.....

Tags : Delhi High Court, Delhi Development Authority, District Park



SC: Split Verdict Delivered in Challenge to Approval for Genetically Modified Mustard Cultivation(23.07.2024)

Supreme Court has delivered split verdict on petitions challenging Centre’s approval on release of genetically modified mustard. While Justice BV Naga.....

Tags : Supreme Court, Mustard Cultivation, Split Verdict



All. HC: Decision of Continuation or Termination of Pregnancy is Up to the Woman(25.07.2024)

All. HC while hearing a case of a 15 years old pregnant rape victim, has opined that a woman's decision in whether or not to go ahead with termination.....

Tags : Allahabad High Court, Termination of Pregnancy, Pregnant Rape Victim



Bom. HC: No Power on Cooperative Court to Return Plaint to Approp. Court When it Lacks Jurisdiction(08.08.2024)

Bombay High Court has observed that there is no provision under the Maharashtra Co-operative Societies Act, 1960 that empowers the Cooperative Court t.....

Tags : Bombay High Court, Cooperative Court, Jurisdiction



Kar HC: No Interference in Settlement Commission's Order Accepting Expl. In the Spirit of Settlement(12.08.2024)

Karnataka High Court has held that acceptance of explanation ‘in the spirit of settlement’ by the Settlement Commission, cannot put the commission at .....

Tags : Karnataka High Court, Settlement Commission, Limited Jurisdiction



National Commission can direct deposit of entire or more than 50% of amount determined by State Commission for stay(07.12.2021)

The original Appellant – builder has preferred the present Appeal against impugned order passed by the National Consumer Disputes Redressal Commission.....

Tags : Pre-deposit, Condition, Jurisdiction



In absence of any evidence to show meeting of minds, it is not safe to hold a person guilty under Section 120-B of IPC(07.12.2021)

Present Appeal is directed against the judgment passed by the High Court whereby, the High Court has dismissed the Appeal filed by the Appellant / acc.....

Tags : Conviction, Evidence, Credibility



SC: Cal. HC’s Order Asking Girls to Control their Sexual Urges, Set Aside(20.08.2024)

Supreme Court while restoring the conviction of an accused in a rape case, has set aside the Calcutta High Court’s order wherein it was stated that ad.....

Tags : Supreme Court, Sexual Urges, Conviction



Del HC: Pattern of Marrying Rape Victim to Evade Charges & Later Abandoning her is Disturbing(06.07.2023)

Delhi High Court has observed that it is shocking that numerous cases have come to light where the accused deceitfully enters into a marriage under th.....

Tags : Delhi High Court, Rape Victim, Marriage, Abandon



SC: Can’t Pass Uniform Directions in Matters of Evening Courts & Virtual Hearings at District Level(09.09.2024)

Supreme Court while dismissing a petition seeking provisions of virtual hearing and evening courts at District level, has stated that these are matter.....

Tags : Supreme Court, Evening Courts, Virtual Hearings, District Level



Kerala HC: Criminal Courts of District Judiciary Cannot Recall their Earlier Orders(25.10.2024)

Kerala High Court has held that it is explicit that the criminal courts of the District Judiciary cannot recall their earlier orders. An illegal order.....

Tags : Kerala High Court, District Judiciary, Criminal Courts



Supreme Court Issues Guidelines Regarding Recruitment of PwBD in District Judiciary(11.11.2024)

Supreme Court has issued guidelines regarding recruitment of persons with benchmark disabilities in District Judiciary and the guidelines will have to.....

Tags : Supreme Court, District Judiciary, Judicial Officers



Supreme Court Issues Guidelines Regarding Recruitment of PwBD in District Judiciary(11.11.2024)

Supreme Court has issued guidelines regarding recruitment of persons with benchmark disabilities in District Judiciary and the guidelines will have to.....

Tags : Supreme Court, District Judiciary, Judicial Officers



High Court having an ordinary original civil jurisdiction can also execute foreign decree under Section 44A of CPC(28.01.2022)

The Appellant/decree holder has challenged the judgment of the Division Bench of the High Court relegating to file a petition for execution of a money.....

Tags : Jurisdiction, Execution, Foreign Decrees



Circumstances howsoever strong cannot take place of proof and the guilt of the accused have to be proved by the prosecution beyond reasonable doubt(15.02.2022)

The present appeal filed by the Appellants-accused emanates from the Judgment passed by the High Court, whereby the High Court has dismissed the said .....

Tags : Circumstantial evidence, Conviction, Legality



Special Court trying offences under I.B. Code shall be "deemed to be Court of Sessions"(14.02.2022)

Present petition under Article 227 of the Constitution of India, 1950 read with Section 482 of the Criminal Procedure Code, 1973 assails the order, "I.....

Tags : Proceedings, Jurisdiction, Legality



For exercising power under Section 263 of IT Act, there should be material on record to prove that order is not only prejudicial to the interest of Revenue but also erroneous in nature(14.02.2022)

Present appeal by the assessee is preferred against the order of the Principal Commissioner of Income Tax [Appeals], framed under Section 263 of the I.....

Tags : Assessment, Jurisdiction, Validity



SC Recalls Judgement Holding 2018 Amendment to SRA to be Applicable Prospectively(11.11.2024)

Supreme Court while exercising its review jurisdiction, has recalled its 2022 judgement in which it was held that the amendment to the Specific Relief.....

Tags : Supreme Court, Specific Relief Act, Review Jurisdiction



Without prior adjudication of workmen’s disputed claim, proceedings for computation of difference of wages not maintainable under Section 33(C)(2) of ID Act(04.02.2022)

In present matter, the Respondent No.2 moved an application before the Labour Court under Section 33(C)(2) of the Industrial Disputes Act, 1947 demand.....

Tags : Wages, Adjudication, Jurisdiction



Existence of an arbitration clause does not debar the court from entertaining a writ petition(12.05.2021)

Present Petition under Article 136 of the Constitution of India, 1950 filed by the Petitioner (UPPTCL), is against a final Judgment passed by the High.....

Tags : Direction, Quashing of, Jurisdiction



Common intention contemplated by Section 34 of IPC pre¬supposes prior concert requires a pre-arranged plan before a man can be vicariously convicted for the criminal act of another(15.03.2022)

In facts of present case, the Sessions Court has convicted the Appellant¬-accused for an offence punishable under Section 302 read with Section 34 of .....

Tags : Common intention, Conviction, Legality



High Court ought not to re-examine findings of fact in its supervisory jurisdiction, unless they are shown to be manifestly unreasonable or perverse(28.02.2022)

By way of present petition under Article 227 of the Constitution of India, 1950 the Petitioner-tenant assails an order of the learned Principal Distri.....

Tags : Eviction, Jurisdiction, Legality



Article 136 of the Constitution only confers a right to obtain special leave in rare and extraordinary cases(07.03.2022)

The Appellant calls in question the judgment of the High Court by which it dismissed the Criminal Revision filed against the order of the Sessions Jud.....

Tags : Cheque bounce, Conviction, 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



Mere facts that, the weapon used is not recovered cannot be a ground not to rely upon the dying declaration(01.04.2022)

The State has preferred the present appeal against the impugned judgment passed by the High Court by which the High Court has acquitted the Respondent.....

Tags : Conviction, Evidence, Credibility



Writ petition filed under Article 227 of Constitution before High Court is maintainable against the National Commission's Appellate Order(13.05.2022)

The original Respondent before the High Court has preferred the present appeal against impugned interim order passed by the High Court, by which the l.....

Tags : Jurisdiction, Writ petition, Maintainability



Vicarious liability arises only when the company or firm commits the offence as the primary offender(09.05.2022)

The issues raised in present appeal by the Appellant is against the impugned order of conviction under Section 138 of Negotiable Instruments Act, 1881.....

Tags : Vicarious liability, Conviction, Legality



Different statement given by the same prosecution witness in another case would not be a reason for recalling the witness(21.06.2022)

The Petitioner before present Court had challenged the order which has been passed in Sessions Trial before the High Court whereupon the impugned judg.....

Tags : Conviction, Evidence, Credibility



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



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



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



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



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



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



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



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



Unless any prejudice is shown to be caused, the High Court should not interfere with the award passed by the Tribunal on the ground of lack of territorial jurisdiction(01.02.2023)

The present appeal under Section 173 of the Motor Vehicles Act, 1988, preferred by the insurer, seeks to assail the award passed by the learned Motor .....

Tags : Award, Jurisdiction, Legality



If two reasonable conclusions are possible on the basis of the evidence on record, the Appellate Court should not disturb the finding of acquittal recorded by the trial court(03.03.2023)

The appeal challenges the judgment and order passed by the High Court thereby reversing the judgment and order passed by the trial court, vide which t.....

Tags : Conviction, Evidence, Credibility



High Courts are not precluded from considering the determination of the arm’s length price finalised by the Tribunal(19.04.2023)

The present batch of Civil Appeals arise out of judgments and orders passed by the various High Courts, dismissing the appeals challenging the finding.....

Tags : Arm length price, Determination, Jurisdiction



Application against the personal guarantor has to be filed before the Adjudicating Authority under whose jurisdiction, registered office of the Corporate Debtor is situated(19.04.2023)

Present Appeal has been filed by the Appellant challenging order passed by National Company Law Tribunal, by which on an Application under Section 95 .....

Tags : Commencement, Moratorium, Jurisdiction



Application against the personal guarantor has to be filed before the Adjudicating Authority under whose jurisdiction, registered office of the Corporate Debtor is situated(19.04.2023)

Present Appeal has been filed by the Appellant challenging order passed by National Company Law Tribunal, by which on an Application under Section 95 .....

Tags : Commencement, Moratorium, Jurisdiction



Mere recovery of currency note from an accused without proof of demand does not establish an offence under Prevention of Corruption Act(06.06.2023)

Present is an appeal under Section 374 of Code of Criminal Procedure, 1973 (CrPC) challenging the Judgment passed by learned Special Judge. Appellant .....

Tags : Illegal gratification, Conviction, Legality



No addition can be made by the Assessing Officer in absence of any incriminating material relating to completed assessments(24.04.2023)

The core issue involved in the present batch of appeals is the scope of assessment under Section 153A of the Income Tax Act, 1961. According to the Re.....

Tags : Assessment, Additions, Jurisdiction



An error on the face of record should not require any long-drawn process of reasoning to strike(05.07.2023)

Present are Review Petitions preferred by Review Petitioner praying for review of the judgment passed in Civil Appeal titled Gemini Bay Transcription .....

Tags : Review, Jurisdiction, Grounds



High Court can interfere into the order of Trial Court in the revisional jurisdiction only when Trial Court has exercised jurisdiction not vested in it by law(05.07.2022)

The present petition has been filed challenging the order whereby the learned Trial Court has rejected the request of the Petitioner for appointment o.....

Tags : Appointment, Local Commissioner, Jurisdiction



Courts cannot ordinarily doubt the bonafide need of landlord nor the Courts can dictate to landlord as to how the premise owned by him should be used(26.07.2023)

The judgment and decree of eviction on the ground of bonafide need passed by the Small Causes Court and confirmed by District Judge vide judgment and .....

Tags : Eviction, Bonafide need, Legality



If there is use of the design or supplies or advertising, within the jurisdiction of the Court, territorial jurisdiction cannot be disputed(04.07.2023)

The present suit by the Plaintiff-Escorts Ltd. is for a decree of permanent injunction restraining the Defendants from manufacturing, using or in any .....

Tags : Decree, Permanent injunction, Jurisdiction



To invoke the jurisdiction of Controlling Authority under the PG Act, 10 employees having being employed by establishment in preceding calendar year has to be established(15.06.2023)

Present petition questions the judgment passed by the Controlling Authority under Section 7 of the Payment of Gratuity Act, 1972 ["The PG Act"] whereb.....

Tags : Gratuity, Grant, Jurisdiction



Person who has been authorized to frame the assessment can only do the same(12.06.2023)

In present case, the assessee has challenged the validity of the assessment framed under Section 158 read with Section 254 of the Income Tax Act, 1961.....

Tags : Assessment, Framing of, Jurisdiction



Court can exercise power under Section 482 of the CrPC, if the complaint on the face of it does not make out any case against the accused(03.07.2023)

The present petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), praying for quashing of the Criminal Complaint u.....

Tags : Complaint, Jurisdiction, Quashing



A completed assessment cannot be disturbed based on fancy or whimsical grounds or on the basis of 'reason to suspect'(09.08.2023)

Appeal has been filed by the assessee against the order of the learned Commissioner of Income Tax (Appeals) arising from the assessment order passed b.....

Tags : Re-assessment, Jurisdiction, Legality



Party can approach Apex Court under Article 136 of Constitution, only if, the order was passed by NCDRC in exercise of its original jurisdiction(26.07.2023)

Present petition seeking leave to appeal under Article 136 of the Constitution, 1950 is at the instance of Universal Sompo General Insurance Company L.....

Tags : Alternate remedy, Procedure, Jurisdiction



Once any gratification other than legal remuneration is proved to have been accepted by Accused, Court is entitled to raise the presumption under Section 20 of PC Act, 1988(21.09.2023)

The instant Appeal is directed against the judgment and order passed by the High Court, whereby the High Court had dismissed the Appeal filed by the A.....

Tags : Conviction, Evidence, Credibility



Suspicion towards possible escapement would not permit the Assessing Officer to reopen a completed assessment in defiance of statutory requirement(06.10.2023)

Present appeal has been filed by the assessee against the order of the learned Commissioner of Income Tax (Appeals). As per the grounds of appeal, the.....

Tags : Assessment, Jurisdiction, Legality



Once the seat of arbitration is fixed, the same would be in the nature of an exclusive jurisdiction clause binding the parties to a specific court(26.09.2023)

By way of present petition filed under Section 11(6) and (8) of the Arbitration and Conciliation Act, 1996 (Arbitration Act), the Petitioner seeks app.....

Tags : Appointment, Arbitration, Jurisdiction



Principles of Section 20 of CPC do not apply to the arbitration proceedings(31.10.2023)

Present petition is filed by the Petitioner under Section 9 of the Arbitration and Conciliation Act, 1996 seeking interim relief from this Court to re.....

Tags : Jurisdiction, Clause, Applicability



Accused must apply for anticipatory bail in the State where the FIR has been lodged.(20.11.2023)

The facts giving rise to the present appeal is that the complainant was who is a victim of harassment, torture, assault and demand of dowry and was th.....

Tags : Anticipatory Bail, Transitory Anticipatory Bail, Territorial Jurisdiction



Writ Courts while exercising jurisdiction under Article 226 of Constitution can interfere in the decisions of the Disciplinary Committee, only if, the same are contrary to law.(20.11.2023)

The present writ petition has been filed under Article 226 of the Constitution of India for challenging the order passed by Paralympic Committee suspe.....

Tags : Writ jurisdiction, writ court, Paralympic Committee, Article 226 of Constitution



Detention under the preventive detention laws is not punitive but is essentially a precautionary measure intended to prevent and intercept a person(13.01.2020)

In present case, the Superintendent of Special Customs Preventive Unit, Kannur intercepted the jeep. The second accused was the driver of the jeep. Th.....

Tags : Conviction, Evidence, Credibility



Determination of the seat vests exclusive jurisdiction upon the courts located at the designated seat to supervise the arbitration proceedings(08.01.2024)

The Petitioner has invoked the jurisdiction of this Court under Section 11 of the Arbitration and Conciliation Act, 1996 ["Arbitration Act"] for appoi.....

Tags : Appointment, Arbitrator, Jurisdiction



When the evidence of the eye-witnesses is of sterling quality, an adverse inference need not be drawn(13.12.2023)

Present is an appeal preferred by the Accused Nos. 1 and 2. The learned Trial Court convicted Accused No. 3, for the offence punishable under Section .....

Tags : Common intention, Conviction, Legality



Jurisdiction vested in NCLT while dealing with a resolution plan is wide and any question of law or fact in relation to the insolvency resolution has to be determined by the NCLT(15.12.2023)

The subject matter of the present suit is an assignment deed dated 3rd February, 2023, which is stated to have been executed between the Defendant no......

Tags : Jurisdiction, Provision, Bar



Revisional Court cannot substitute its opinion simply because another view is possible(02.01.2024)

The Applicant-Original accused has questioned the legality, correctness and propriety of the judgment and order passed by the Sessions Court. Learned .....

Tags : Conviction, Evidence, Credibility



Conviction can be based on solitary testimony of a credible witness though uncorroborated(15.01.2024)

Appeal has been preferred under Section 374(2) read with Section 482 of Code of Criminal Procedure, 1973 (Cr.P.C.) challenging the judgment and order .....

Tags : Conviction, Sentence, Legality



In a case based on circumstantial evidence, non- explanation or false explanation of accused under Section 313 of CrPC cannot be used as an additional link to complete chain of circumstances(24.01.2024)

Present appeal challenges the judgment and order, passed by the Division Bench of the High Court thereby dismissing the appeal filed by the Appellant,.....

Tags : Conviction, Evidence, Credibility



In case of defamation, it is not the publication itself but the communication of the alleged libelous material is relevant(05.02.2024)

The Appellant is aggrieved by the impugned order vide which the Trial Court rejected of the plaint of the Appellant. The Learned Trial Court further h.....

Tags : Plaint, Rejection, Jurisdiction



Once the seat of arbitration is replaced by mutual agreement, changed venue becomes 'seat of arbitration'(13.04.2021)

The present appeal arises out of the impugned judgment passed by the High Court of Gujarat at Ahmedabad in which Special Civil Application filed by th.....

Tags : Venue, Jurisdiction, Mutual agreement



Confession of an accused recorded by a Police Officer is not admissible as evidence(01.03.2024)

Present appeals take exception to the final impugned judgment passed by the High Court rejecting the Criminal Appeal preferred by the appellants assai.....

Tags : Conviction, Evidence, Credibility



Appellate Court cannot overturn order of acquittal only on basis that another view is possible(10.04.2024)

In present case, the Appellants, who are father and son, were prosecuted for the offence punishable under Section 302, read with Section 34 of the Ind.....

Tags : Conviction, Evidence, Credibility



A Company can file complaint under Consumer Protection Act(20.03.2024)

Present appeal under Section 67 of the Consumer Protection Act, 2019 has been preferred by the Appellant for assailing final order rendered by Nationa.....

Tags : Complaint, Filing of, Jurisdiction



Sole admission under Section 313 of CrPC in absence other corroborative piece of evidence, cannot be made basis of conviction(18.03.2024)

Judgment and order passed by Additional Sessions Judge, thereby convicting husband and in-laws (Appellants) for offence punishable under Section 498A .....

Tags : Conviction, Evidence, Credibility



If parties to a dispute agree to choose jurisdiction of a particular Court, that Court alone has jurisdiction to decide the dispute(23.04.2024)

The limited question that arises in the present petition filed under Article 227 of the Constitution of India, 1950 invoking the supervisory jurisdict.....

Tags : Jurisdiction, Parties, Intention



An award can be set aside only if the award is against the public policy of India(11.01.2022)

The Appellant - Haryana Tourism Limited ('Corporation') invited tenders/quotations for the supply of Aerated Cold Drinks at its Tourist Complexes for .....

Tags : Award, Arbitrator, Jurisdiction



Disputes arising out of purely contractual obligations cannot be entertained by High Court in exercise of the extra ordinary writ jurisdiction(09.05.2024)

The brief controversy presented for adjudication in present appeals is whether the High Court in exercise of writ jurisdiction, was entitled to entert.....

Tags : Writ jurisdiction, Dispute, Contractual obligation



Mere bald allegations without narrating details, would not be sufficient to gravitate charge under Section 498A of IPC(19.06.2024)

Appellant is challenging the judgment and order of conviction recorded by trial Court, thereby convicting for offence punishable under Sections 498A a.....

Tags : Conviction, Evidence, Legality



Validity of a notice issued under Section 263 of IT Act based on incorrect grounds or unsupported evidence can be questioned(06.08.2024)

Present appeal is filed by the Assessee as against the order passed by the Principal Commissioner of Income Tax, in exercise of his revisionary jurisd.....

Tags : Assessment, Review, Jurisdiction



Merely because the Petitioner had not raised an objection or participated in proceedings would not validate any orders passed without jurisdiction by the Tribunal(16.08.2022)

Petitioner - The National Institute of Technology, Tripura, impugns judgment passed by the Central Administrative Tribunal. Learned counsel for the Pe.....

Tags : Jurisdiction, Objection, Proceedings



When the evidence of the official witnesses is trustworthy and credible, there is no reason not to rest the conviction on the basis of their evidence(03.07.2020)

In facts of instant case, the Excise Circle Inspector (PW3) of Hosdurg Excise Range found the Petitioner/accused with a can containing three litres of.....

Tags : Conviction, Evidence, Credibility



Once it was undisputed that, the insurer is having an office at Delhi, the Tribunal ought to have entertained the claim(13.04.2023)

The present petition under Section 173 of the Motor Vehicles Act, 1988 preferred by the wife and the two minor sons of the deceased Sh. Krishna Kumar .....

Tags : Adjudication, Disputes, Jurisdiction



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