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“A prosecution witness, who was examined already, cannot be recalled by exercising the powers under Section 233 CrPC. However, such an exercise can be done under Section 311 CrPC at any stage, including that of Section 233, provided all the requirements and parameters of Section 311 are otherwise satisfied.”
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“Merely because the disciplinary authority has the power to order suspension, does not lead to the situation that he should be kept under suspension till the disciplinary proceedings are concluded.”
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“It is most unfortunate that the convicts had to undergo incarceration in prison for a period of about 14 years due to the failure of the authorities concerned to take note of the fact that they were juveniles at the time of the commission of the crime.”
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“It is true that, when the parties are in rivalry, false implication of one among them in a serious crime would be resorted to wreak vengeance and to see the obliteration of the opponent. At the same time, there may be occurrences otherwise also.”
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“The applicant [MK Nasar] has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored.”
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A quick legal roundup to cover important stories from all High Courts this week.
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“Hearing these cases, we realize how much rigid gender roles and patriarchy have trickled down into societies and guide our thoughts and actions, even in ways we do not understand, at times. We unfortunately continue to follow and perpetuate such unconsciously, which surely warrants continuous education and close introspection.”
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“When the proceedings under the DV Act are found to be an abuse of process of Court, in order to secure the ends of justice and to save the parties being put into a frivolous litigation, the High Court must exercise its power under Section 482 of CrPC or under Section 528 of BNSS, otherwise abuse of process of Court would not be addressed or prevented”.
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“Based on the statement of a lady, that also after 17 years, the present case is registered. It is true that the investigation is going on. But, everybody must remember that the pride and dignity is not only to woman, but to men also.”
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‘Being careful while giving reasons to candidates for which they have not been appointed would help in avoiding such litigation which entails cost for candidates who may not be able to afford it.’
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“Under Section 173(1) of BNSS, the police cannot refuse to register an FIR on the ground of “not having territorial jurisdiction” over the offence for the reason that some part of the offence was committed outside the local jurisdiction of that concerned police station.”
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There is a difference between entertainability and maintainability of a writ petition. Powers under Article 226 of the Constitution of India can be exercised in restricted circumstances and within well-defined parameters, even if there exists an alternate remedy.
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Court reiterated out that availability of an alternative remedy, would not be an embargo on the High Court’s power to entertain the petition under Article 226 in certain contingencies.
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The bail application of the Founder-Chairman has been denied for the fourth time. Earlier, his bail was denied twice by the Court and once by the Supreme Court.
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The Court questioned the authorities as to why the initial FIR was lodged only against the former Secretary and the recovery proceedings were referred to the joint secretary who had no authority.
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Madras High Court noted that in this case, the Headmaster of the School at the time of occurrence, neither informed about the sexual assault committed by the accused persons to the authorities concerned nor taken any action against them
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A quick legal roundup to cover important stories from all High Courts this week.
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The Insolvency Bankruptcy Board of India (‘IBBI’) and INSOL India held the 2nd International Conclave in Delhi on 7th December to engage in the path-breaking discourse surrounding the ever-evolving space of insolvency and bankruptcy.
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Personal jewellery which is not found to have been acquired on an overseas trip and was always a used personal effect of the passenger would not be subject to the monetary prescriptions incorporated in Rules 3 and 4 of Baggage Rules, 2016.
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This conference entailed an in-depth discussion of the various modern-day topics in the field of Alternative Dispute Resolution such as the new amendment in the Arbitration Act, the upcoming Mediation Act, issues which plague the mechanisms, technological innovations and more.
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