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The matter has been placed before the Chief Justice of India for considering tagging it with Directorate of Enforcement v. Manpreet Singh Talwar [SLP(Crl.) No.5724 of 2023], wherein similar question is still pending before a three-Judge Bench of the Court.
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A quick legal roundup to cover important stories from all High Courts this week.
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“Non-examination of the Magistrate strikes a severe blow not only on the prosecution’s case but also on justice as irregularities committed in TI parade cannot be canvassed and discussed by the Trial Court in his absence from the witness box.”
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“Not necessary for a candidate to declare every item of movable property that he or his dependent family members owns, such as, clothing, shoes, crockery, stationery and furniture, etc., unless the same is of such value as to constitute a sizeable asset.”
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“The lack or absence of motive is inconsequential when direct evidence establishes the crime.”
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Abbas Ansari taken to Ghazipur with police security at 5 PM on April 09 to attend the ritual.
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Sabyasachi Panda has been in custody for the last nine years as an undertrial prisoner in 131 cases and was acquitted in 89 cases.
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“The length of the delay is a relevant matter which the court must take into consideration while considering whether the delay should be condoned or not.”
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The illegal constructions in Noida and Greater Noida were being done with topsoil, leading to large-scale illegal mining of the topsoil in and around the villages, resulting in deep, catastrophic pits.
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In Anshuman Singh Rathore v. Union of India, 2024 SCC OnLine All 857, U.P. Board of Madarsa Education Act, 2004 was held as unconstitutional for being violative of the principle of secularism, Articles 14, 21 and 21-A of the Constitution and violative of Section 22 of the University Grants Commission Act, 1956.
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Clause 3 of Schedule IV of the National Medical Commission (Compulsory Rotating Medical Internship) Regulations, 2021 provides for payment of stipend to all the interns, as fixed by the appropriate authority applicable to the institution/ University or State.
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Supreme Court set aside Bombay High Court’s 2021 decision whereby, Navneet Kaur Rana’s Scheduled Caste Certificate was cancelled for systematic fraud and fabrication of records.
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In the Consumer Protection Act, 2019, a body corporate was brought within the definition of ‘person’, indicating that the legislature realized the incongruity in the unamended provision and rectified the anomaly by including the word ‘company’ in the definition of ‘person’.
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“For attracting the provision of Section 420 of the IPC, the FIR/complaint must show that the ingredients of Section 415 of the IPC are made out.”
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It was alleged that a cartel was formed by violating provisions and the spirit of liquor policy, and all the conspirators had played an active role, causing huge losses to the Government exchequer and undue pecuniary benefits to the public servants.
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India Today in a sting operation had disclosed that certain lawmakers from Karnataka were bribed in exchange for votes.
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“If the word ‘may’ is read as ‘shall’, it will have drastic consequences, as in every complaint under Section 138, the accused will have to pay interim compensation up to 20 per cent of the cheque amount and such an interpretation will be unjust and contrary to the well-settled concept of fairness and justice, exposing the provision to the vice of manifest arbitrariness.”
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The Madhya Pradesh High Court on plea by Hindu Front for Justice, had directed for complete scientific investigation, survey and excavation of the Bhojshala complex.
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“The Court took suo- motu cognizance of the matter and had sought a report from the District Judge and directed for the preservation of the CCTV footage in safe custody.”
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Allegations against Tahir Hussain includes offences under Section 13, 16, 17 and 18 of the Unlawful Activities Prevention Act, 1967.
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