Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court
1 year, 8 months ago

Correctness Of Allegations In FIR To Be Tested During Trial; Not By High Court While Exercising Jurisdiction U/S 482 CrPC: Kerala High Court

Live Law  

The Kerala High Court recently reiterated the view that the High Court, while exercising its power under Section 482 Cr.P.C. The counsels for the respondents also relied upon the decision in Minakshi Bala v. Sudhir Kumar & Ors., wherein it had been laid down that only in rarest of rare cases could the Court exercise the jurisdiction under Section 482 Cr.P.C to quash the proceedings in a case, where the Trial Court had already framed charge against the petitioners/accused under Sections 239 and 240 Cr.P.C. Relying upon a plethora of Apex Court decisions as regards the power vested upon the High Court under Section 482Cr.P.C., the Court observed, ".It is trite that the power of quashing criminal proceedings should be exercised with circumspection and that too, in the rarest of rare cases and it was not justified for this Court in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the Final report or the complaint. The Court also took note of the observation in Minakshi Bala case, that "once charges are framed under Section 240 CrPC the High Court in its revisional jurisdiction would not be justified in relying upon documents other than those referred to in Section 239 and 240 CrPC; nor would it be justified in invoking its inherent jurisdiction under Section 482 CrPC to quash the same except in those rare cases where forensic exigencies and formidable compulsions justify such a course".

High Court Jurisdiction Trial Court Allegations Kerala High Court Criminal Proceedings Case High Fir Petitioners V State Its Power Section 482 Cr Rare Cases Kerala V Minakshi Bala  court  power  case  high  crpc  petitioners  fir  tested  jurisdiction  correctness  trial  exercising  kerala  v  state  allegations

History of this topic

2020 Delhi Riots: High Court Upholds Order Framing Charges Against Accused, Says 'Evidence Will Be Filtered In The Crucible Of Trial'
4 days, 14 hours ago

2020 Delhi Riots: High Court Upholds Order Framing Charges Against Accused, Says 'Evidence Will Be Filtered In The Crucible Of Trial'

Live Law  

The Delhi High Court has upheld a trial court order framing charges against one Salim Malik booked in a case related to the 2020 North-East Delhi riots. Justice Anish Dayal rejected Malik's plea against the trial court order that framed charges against him for the offences under Sections 147, 148, 427, 435 ten rupees), 436, 450, 149 and 188 of …

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
6 days, 13 hours ago

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

Live Law  

The Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by …

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024
1 week ago

Kerala High Court Weekly Round-Up: December 09 - December 15, 2024

Live Law  

Nominal Index Manoj George v State of Kerala, 2024 LiveLaw 782 Manohari R v The Deputy Tahsildar, 2024 LiveLaw 783 DBS Bank India Ltd v The State of Kerala and Others, 2024 LiveLaw 784 M Shammy Kumar v State of Kerala & Connected Matter, 2024 LiveLaw 785 Nishad Padinjare Peediyekkal V Hyderiyya Masjid Mahall Committee, 2024 LiveLaw 786 State Bank …

Kerala High Court Suspends Sentence Of Man Accused Of Involvement In "Cutting Hand" Of Professor For Allegedly Insulting Prophet Mohammad
1 week, 3 days ago

Kerala High Court Suspends Sentence Of Man Accused Of Involvement In "Cutting Hand" Of Professor For Allegedly Insulting Prophet Mohammad

Live Law  

The Kerala High Court on Thursday suspended the sentence of M K Nasar who was convicted to life imprisonment by the Special Court of Trial of NIA Cases for chopping the hands of Professor T J Joseph. While suspending the sentence and granting bail to the accused, the Court observed thus: “The applicant has been undergoing incarceration, at the pre-conviction …

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC
1 week, 5 days ago

High Court Has Ample Power Under Article 226 To Issue Directions Not Specifically Sought Before Tribunal: Kerala HC

Live Law  

The Kerala High Court has said that it is well-established that the High Court can under Article 226 of the Constitution consider the legality of orders passed by Tribunals, adding that it has ample powers to issue directions even when such reliefs are not specifically sought in the plea before the Tribunal. However, the High Court ordered that the disciplinary …

Magistrate Or Special Court's Power To Supervise Investigation Doesn't Include Right To Question FIR Validity: Delhi High Court
3 weeks, 3 days ago

Magistrate Or Special Court's Power To Supervise Investigation Doesn't Include Right To Question FIR Validity: Delhi High Court

Live Law  

The Delhi High Court has held that the power of a Magistrate or a Special Court to supervise an investigation does not include the right to question the validity of the FIR.A division bench headed by Justice Prathiba M Singh said that the Magistrate or Special Court must remain a “silent spectator” till filling of the final report under Section …

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference
3 weeks, 3 days ago

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference

Live Law  

The Allahabad High Court has observed that when a challenge lies to the entire proceeding of a case registered under the SC/ST Act, the High Court could entertain the case under its inherent jurisdiction under Section 482 CrPC to secure the end of justice.The Court held that there could be no hard and fast rule regarding the interference of the …

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders
3 weeks, 5 days ago

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders

Live Law  

The Karnataka High Court on Wednesday quashed proceedings initiated against Karnataka State BJP President B Y Vijayendra in connection with an FIR registered over an allegedly offensive post made on X, by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress. As per the prosecution case on April 19 MCC Nodal officer of Gandhinagar informed the complainant …

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts
3 weeks, 5 days ago

S.498A IPC | Ensure Husband's Distant Relatives Aren't Over-Implicated In Exaggerated Cases : Supreme Court Cautions Courts

Live Law  

The Supreme Court has sounded a word of caution to the Courts to ensure that distant relatives of a husband are not unnecessarily implicated in criminal cases filed at the instance of wife alleging domestic cruelty under Section 498A of the Indian Penal Code.A bench comprising Justice CT Ravikumar and Justice Rajesh Bindal made this observation while quashing the criminal …

Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court
4 weeks ago

Filing Complaint Against A Person Before Lawful Authority Does Not Attract The Offence Of Defamation: Kerala High Court

Live Law  

The Kerala High Court while quashing a case of defamation, observed that the complaint filed in the present case before a lawful authority which was enquired by it, will not attract an offence under Section 500 IPC. "Admittedly, in this case, a complaint is filed before the Chief Minister and before the Director of Pariyaram Medical College, where the 1st …

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court
1 month ago

Kerala Women's Commission Supports Registration Of FIRs On Statements Before Justice Hema Committee, Files Affidavit In Supreme Court

Live Law  

The Supreme Court is set to hear a petition challenging the Kerala High Court's direction to the police to register FIRs on statements made by women actors to the Justice Hema Committee regarding the abuses they faced in the Malayalam cinema industry on November 25, in which the Kerala Women's Commission has recently filed a counter affidavit.The Commission has filed …

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court
1 month ago

Bar Under Sec. 195 CrPC Not Attracted When High Court Has Directed Investigation Into Alleged Tampering : Supreme Court

Live Law  

While directing restoration of the criminal proceedings against Kerala MLA Antony Raju in an evidence tampering case, the Supreme Court today held that the bar on taking of cognizance under Section 195 CrPC was not attracted in the case, as the proceedings were initiated against Raju pursuant to a judicial order. "the initiation of the present proceedings in the present …

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr
1 month ago

Supreme Court Restores Criminal Proceedings Against Kerala MLA Antony Raju In Evidence Tampering Case, Directs To Conclude Trial In 1 Yr

Live Law  

The Supreme Court on Wednesday restored the criminal proceedings initiated against Kerala MLA and former Minister Antony Raju over alleged tampering of underwear evidence in a drugs case conducted by him as a junior lawyer in 1990.A bench of Justices CT Ravikumar and Sanjay Karol held that the Kerala High Court erred in holding that the criminal proceedings were barred …

SC restores criminal proceedings against Kerala former Minister Antony Raju in 1990 evidence tampering case
1 month ago

SC restores criminal proceedings against Kerala former Minister Antony Raju in 1990 evidence tampering case

New Indian Express  

THIRUVANANTHAPURAM: In a setback to Antony Raju, former Minister and MLA of Kerala's ruling LDF, the Supreme Court on Wednesday reinstated criminal proceedings against him in a decades-old evidence tampering case. The Kerala High Court had earlier quashed the criminal case but allowed fresh proceedings to be initiated. The Supreme Court, however, noted that the High Court erred in holding …

Children's Courts Notified For Speedy Trial Of Offences, Jurisdiction Of Criminal Courts Conducting Trial Not Taken Away: Kerala High Court
1 month, 1 week ago

Children's Courts Notified For Speedy Trial Of Offences, Jurisdiction Of Criminal Courts Conducting Trial Not Taken Away: Kerala High Court

Live Law  

The Kerala High Court held that the Magistrate Court does not lose its jurisdiction to try criminal cases merely because the State Government has notified Children's Courts for the speedy trial of offences against children. However, the Court stated that it is proper that the offences be tried by the Children's Court.The state government issued a notification in 2009 made …

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates
1 month, 2 weeks ago

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Live Law  

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101 of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. He relied on Section 101 …

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates
1 month, 2 weeks ago

Same Charges & Evidence In Criminal & Dept Proceedings, Acquittal In Criminal Case Absolves Employee From Dept Proceedings: Kerala High Court reiterates

Live Law  

Kerala High Court: A Division Bench comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar upheld the Kerala Administrative Tribunal's order reinstating a police constable who was terminated from service, ruling that Section 101 of the Kerala Police Act, 2011 bars disciplinary action based on the same facts that led to acquittal in criminal proceedings. He relied on Section 101 …

High Court Rejects Plea to Quash FIR Based on Permission to Conduct Further Investigation
1 month, 2 weeks ago

High Court Rejects Plea to Quash FIR Based on Permission to Conduct Further Investigation

Live Law  

The Kerala High Court has ruled that an additional or subsequent police report cannot be held as invalid just because the investigation officer did not seek the court's permission before conducting further investigation. The court emphasized the need to obtain the court's permission as a practice, however held that even in the absence of such permission, the final report is …

26 FIRs Registered in Kerala Based on Justice Hema Committee Report
1 month, 3 weeks ago

26 FIRs Registered in Kerala Based on Justice Hema Committee Report

Live Law  

The Kerala government has registered 26 FIRs based on the Justice Hema Committee Report pursuant to the Court's direction. The State Government has submitted the SIT's Action Taken Report to the Special Bench, Justice A. K. Jayasankaran Nambiar and Justice C. S. Sudha. The Court has observed that the Report discloses commission of cognizable offences, which could be treated as …

High Court Rules on Framing of Charges in NDPS Act Case
2 months ago

High Court Rules on Framing of Charges in NDPS Act Case

Live Law  

The Kerala High Court has ruled that the framing of a charge by a Sessions Court having no jurisdiction to try the case does not affect the evidence recorded by a Special Court constituted under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The court observed that even if the trial court did not frame fresh charges, there would …

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws
2 months, 3 weeks ago

'Abuse Of Criminal Process, Vague Allegations' : Supreme Court Quashes Wife's S.498A Case Against In-Laws

Live Law  

Observing that a criminal case cannot be allowed to proceed based on vague and obscure complaints, the Supreme Court quashed a criminal case under Section 498A of the Indian Penal Code case against the in-laws of a complaint-wife.It was a case where the wife had initiated the proceedings against the appellants under Sections 498A, 323, 504, and 506 read with …

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel
3 months, 1 week ago

Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel

Live Law  

The Kerala High Court has quashed the criminal case filed against Superintendent of Police M. P. Sojan for making distasteful comments against the child victims in Walayar rape case. The Counsel for the complainant said that in Section 23, the words “any person” which signifies that the provision is not just applicable to the media persons but any other person …

ED’s ECIR need not be quashed just because FIR has been set aside, rules Madras High Court
3 months, 1 week ago

ED’s ECIR need not be quashed just because FIR has been set aside, rules Madras High Court

The Hindu  

The Enforcement Case Information Report registered by the Directorate of Enforcement under the Prevention of Money Laundering Act of 2002 cannot be quashed if the First Information Report registered by another agency for the predicate offence had been quashed only on technical or procedural grounds and not on substantive grounds, the Madras High Court has ruled. The petitioner had contended …

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC
3 months, 1 week ago

Duty Of Court To Restore Litigant For Loss Suffered Due To Negligence Of Court: Kerala HC

Live Law  

The Kerala High Court has observed that the concept of restitution of the litigant for the loss suffered due to negligence of the court is a fundamental principle of Indian Judiciary and Jurisprudence. This principle follows the legal maxim of Actus Curiae Neminem Gravabit which means that 'an act of Court shall prejudice no-one', that is, if a litigant suffers …

Hema Committee report: Kerala High Court raps govt for inaction, asks it to hand over full report to SIT
3 months, 1 week ago

Hema Committee report: Kerala High Court raps govt for inaction, asks it to hand over full report to SIT

The Hindu  

Slamming the Kerala government for not taking any action so far on the Hema Committee report on the problems faced by women in the Malayalam film industry, a Division Bench of the Kerala High Court on Tuesday directed the government to hand over the entire report to the special investigation team and file a report as to what action can …

Date Of Complaint Relevant For Determining Limitation U/S 468 CrPC To Prosecute An Offence, Date Of Cognizance Immaterial: Karnataka HC
3 months, 2 weeks ago

Date Of Complaint Relevant For Determining Limitation U/S 468 CrPC To Prosecute An Offence, Date Of Cognizance Immaterial: Karnataka HC

Live Law  

The Karnataka High Court has said that in a complaint where the offence is punishable with a maximum sentence of three years, the limitation for filing the complaint u/s 468 of the Criminal Procedure Code, is one year from the date of occurrence of the cause of action and any complaint filed beyond that period is not maintainable. It was …

Even Appeal For Registering FIR Under SC/ST Act Will Have To Be Video Recorded: Bombay High Court
3 months, 2 weeks ago

Even Appeal For Registering FIR Under SC/ST Act Will Have To Be Video Recorded: Bombay High Court

Live Law  

In a significant ruling, the Bombay High Court recently held that even the proceedings in an appeal seeking to register a First Information Report under the stringent Scheduled Caste Scheduled Tribe Act, will be needed to be "video-recorded." In his September 3 order, Justice Marne noted that a division bench of the Bombay High Court has in the case of …

Purpose Of Trial Is To Unearth Truth: Kerala High Court Orders To Give The Accused List Of Documents Not Relied On By Prosecution
3 months, 2 weeks ago

Purpose Of Trial Is To Unearth Truth: Kerala High Court Orders To Give The Accused List Of Documents Not Relied On By Prosecution

Live Law  

The Kerala High Court has held that the accused has a right to access all materials which was gathered during investigation, irrespective of whether the prosecution seeks to rely upon the same. It said the accused has a right of fair trial under Article 21 of the Constitution and thus, he should have the right to access even those materials …

Disproportionate asset cases: Supreme Court stays restoration of trials against T.N. Ministers Ramachandran, Thennarasu
3 months, 2 weeks ago

Disproportionate asset cases: Supreme Court stays restoration of trials against T.N. Ministers Ramachandran, Thennarasu

The Hindu  

The Supreme Court, on Friday, stayed the operation of an August 9 judgment of the Madras High Court reviving the criminal prosecution of Tamil Nadu Ministers K.K.S.S.R. A Bench headed by Justice Hrishikesh Roy froze the implementation of the judgment by the High Court’s Single Judge Bench of Justice N. Anand Venkatesh, which had invoked suo motu powers of revision …

Supreme Court Stays HC Order Which Set Aside Discharge Of TN Ministers KKSSR Ramachandran & Thangam Thenarasu In DA Case
3 months, 2 weeks ago

Supreme Court Stays HC Order Which Set Aside Discharge Of TN Ministers KKSSR Ramachandran & Thangam Thenarasu In DA Case

Live Law  

The Supreme Court on Friday stayed the order of the Madras High Court which set aside the discharge of Tamil Nadu Ministers KKSSR Ramachandran,Thangam Thenarasu and their spouses in disproportionate assets cases.A bench comprising Justices Hrishikesh Roy and Prashant Kumar Mishra passed the interim order while issuing notice on their special leave petitions.Senior Advocates. The Supreme Court on Friday stayed …

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request
3 months, 3 weeks ago

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request

The Hindu  

The High Court of Karnataka, on the request made by the Special Public Prosecutor, on Friday adjourned till September 5 further hearing on the petition filed by former Chief Minister B.S. “If Mr. Yediyurappa is destined to go to jail he will, I am ready to argue the case,” said Mr. Nagesh while pointing out that on the one hand, …

Supreme Court Disposes Of ED's Plea, Tamil Nadu Govt Says District Collectors Will Share Documents Relating To Sand Mining Cases
3 months, 3 weeks ago

Supreme Court Disposes Of ED's Plea, Tamil Nadu Govt Says District Collectors Will Share Documents Relating To Sand Mining Cases

Live Law  

The Supreme Court today disposed of the Enforcement Directorate's plea assailing stay of summonses issued to District Collectors of Tamil Nadu in connection with alleged illegal sand mining-money laundering cases.The bench of Justices Bela M Trivedi and Satish Chandra Sharma closed the proceedings, noting that most of the documents sought by ED from the District Collectors had been supplied. The …

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court
4 months ago

CrPC | S.482 Cannot Be Invoked When Alternative Remedy For Compounding Offenses U/S 320(1) Is Available: Himachal Pradesh High Court

Live Law  

The Himachal Pradesh High Court recently ruled that the inherent powers under Section 482 of the Cr.P.C. The petitioners had also cited the Supreme Court's ruling in Gian Singh v. State of Punjab,, to support their argument that the High Court could quash FIRs even in cases involving compoundable offences. Joshi v. State of Haryana,, to reinforce that the inherent …

Balagopal contradicts the Kerala government’s position on the Hema Committee report, says State empowered to register case based on depositions
4 months ago

Balagopal contradicts the Kerala government’s position on the Hema Committee report, says State empowered to register case based on depositions

The Hindu  

Thiruvananthapuram On Thursday, Finance Minister K.N. Balagopal appeared to contradict the government’s refrain that the absence of a specific complaint from those who deposed before the Justice K Hema Committee had precluded the State from initiating prosecution based on the panel’s incriminating findings, including instances of pervasive sexual exploitation of women and minors in the film industry. His observation seemed …

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13
4 months, 1 week ago

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13

The Hindu  

The Kerala High Court is set to pronounce its verdict on Tuesday on a petition filed by a film producer challenging the State Information Commission’s order to release contents of the Hema Committee report containing issues facing women in the Malayalam film industry. Arun reserved the order for August 13, 2024 after conclusion of the hearing on a petition filed …

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13
4 months, 2 weeks ago

Kerala High Court to pronounce verdict on plea against making Hema committee report public on August 13

The Hindu  

The Kerala High Court on Wednesday reserved its verdict on a writ petition challenging the State Information Commission’s order directing the Kerala government to make public the Justice K. Hema Committee report on women’s working conditions in the Malayalam film industry with limited redactions. The Kerala Women’s Commission and the Women in Cinema Collective, which were impleaded in the case, …

Court Should Not Interfere With State Bar Council's Timeline For Enrolment Of Advocates: Kerala High Court
4 months, 2 weeks ago

Court Should Not Interfere With State Bar Council's Timeline For Enrolment Of Advocates: Kerala High Court

Live Law  

The Kerala High Court held that it cannot interfere with the timeline fixed by the Bar Council of Kerala for enrollment. The Court noticed that the Bar Council fixed the timeline based on the instructions of the Bar Council of India and the Court should not interfere with it. It was stated that based on these instructions, the Bar Council …

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules
4 months, 3 weeks ago

Punjab & Haryana High Court Quashes Order To Lodge FIR Against Police Officer For Faulty Investigation, Cites Non-Compliance Of HC Rules

Live Law  

The Punjab and Haryana High Court has quashed the direction of a trial court to file case against a Police Officer who allegedly conducted faulty investigation in a criminal intimidation case.Trial Court had, while acquitting the accused persons in the case, said that an unfair and faulty investigation was conducted by both the investigating officers and the SHO concerned, thereby …

Police should now give a copy of FIR along with notice while asking any person to come for questioning: Karnataka High Court
4 months, 3 weeks ago

Police should now give a copy of FIR along with notice while asking any person to come for questioning: Karnataka High Court

The Hindu  

In a judgment aimed at checking the abuse of power by the police, the High Court of Karnataka has now made it mandatory for the State police to provide a copy of the first information report along with the notice summoning a person to appear for questioning or investigation either as a witnesses or a suspect in connection with a …

Kerala HC stays release of Hema Committee report on women’s working conditions in film industry
4 months, 4 weeks ago

Kerala HC stays release of Hema Committee report on women’s working conditions in film industry

The Hindu  

The Kerala High Court on July 24 stayed for one week the State Information Commission’s order directing the Kerala government to disclose the Justice K. Hema Committee report on women’s working conditions in the film industry with limited redactions. Justice P.M. Manoj passed the order on a writ petition filed by film producer Sajimon Parayil challenging the SIC’s order. The …

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court
5 months ago

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court

Live Law  

The Bombay High Court has held that under Section 9-A CPC Act, 2018), a Trial Court cannot frame an issue which has the effect of disposing of the suit only in part. The petitioners/plaintiffs challenged the order of the Trial Court in allowing the application of respondents/defendants to frame a preliminary issue of limitation under Section 9-A CPC in the …

NEET UG 2024 row: SC issues notice on NTA pleas seeking transfer of case in Rajasthan HC to top court
5 months, 1 week ago

NEET UG 2024 row: SC issues notice on NTA pleas seeking transfer of case in Rajasthan HC to top court

India TV News  

The Supreme Court on Monday issued notice on the petitions filed by the National Testing Agency, which sought the transfer of pending cases before the Rajasthan High Court, related to the NEET-UG 2024 examination. The Supreme Court had also asked the CBI, the Central government and the NTA to file affidavits and listed the matter on July 11. Later on …

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court
5 months, 1 week ago

Court Should Not Go Into 'Correctness' Of Prosecution Materials In A Petition To Quash Criminal Proceedings: Kerala High Court

Live Law  

Kerala High Court has held that while Court is exercising its power to quash proceedings, the Court cannot examine the correctness or genuineness of the complaint. to quash criminal proceedings, the High Court would have to proceed entirely on the basis of the allegations made in the complaint or the documents accompanying the same per se. It has been further …

Madras High Court Grants Four More Months To Complete Trial In Money Laundering Case Against Former TN Minister Senthil Balaji
5 months, 3 weeks ago

Madras High Court Grants Four More Months To Complete Trial In Money Laundering Case Against Former TN Minister Senthil Balaji

Live Law  

The Madras High Court on Wednesday granted four more months to the Chennai Principal and Sessions Court to complete trial in the money laundering case initiated by the Enforcement Directorate against former Tamil Nadu Minister Senthil Balaji. In February this year, while dismissing the bail application of Balaji, Justice Anand Venkatesh had asked the trial court to complete the trial …

Karnataka High Court quashes drug case against actress Sanjana Galrani and two others for procedural lapses by police
5 months, 4 weeks ago

Karnataka High Court quashes drug case against actress Sanjana Galrani and two others for procedural lapses by police

The Hindu  

Applying its 2022 judgement of quashing criminal proceedings, against a party organiser, on technical reasons in the 2020 drug racket case, the High Court of Karnataka has also quashed the criminal proceedings against actress Sanjana Galrani, realtor Shivaprakash alias Chippi and financial manager in a tech company Adithya Mohan Agarwal. Though the police had registered the FIR in 2020 on …

[NDPS Act] Before Conducting Search Of Person, Accused Must Be Informed Of Right To Seek Presence Of Magistrate Or Gazetted Officer: Kerala High Court
6 months ago

[NDPS Act] Before Conducting Search Of Person, Accused Must Be Informed Of Right To Seek Presence Of Magistrate Or Gazetted Officer: Kerala High Court

Live Law  

A single bench of Justice Mary Joseph of the Kerala High Court has held that before conducting the body search of a person, the person has to be informed of his right to have the presence of either the Magistrate or a Gazetted Officer to witness his body search. The Court held that it is settled law that a person …

Kerala High Court Directs Registry To Number Criminal Miscellaneous Cases Only After Producing Witness Statements And Documents Along With Final Report
6 months, 2 weeks ago

Kerala High Court Directs Registry To Number Criminal Miscellaneous Cases Only After Producing Witness Statements And Documents Along With Final Report

Live Law  

The Kerala High Court on Monday directed the Registry to number criminal miscellaneous cases only after producing the final report along with witness statements and documents. “In view of the matter, Registry is directed to number Crl.M.Cs only after producing the final report along with witnesses statements and documents, hereinafter. This direction shall be complied strictly hereinafter.” The Court stated …

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]
7 months, 2 weeks ago

The Complete Supreme Court Annual Digest- 2023 [Part-XIV]

Live Law  

Municipal Corporation Act Municipal Corporation Act - Delhi Municipal Corporation Regulations - These provisions make it abundantly clear that the election of the Mayor has to be held first. Mina Pun v. State of U.P., 2023 LiveLaw 724 Narcotic Drugs and Psychotropic Substances Act, 1985 - Conviction liable to be set aside if samples weren't drawn in magistrate's presence as …

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench
8 months, 1 week ago

S.397 CrPC | FIR Won't Stand Quashed If Revision Court Sets Aside Magistrate's Order For Police Investigation Into Cognizable Offence: Bombay HC Full Bench

Live Law  

The Bombay High Court held recently that a court in its revisional jurisdiction cannot quash an FIR registered pursuant to the magistrate's order to police under section 156 CrPC to investigate a cognizable offence.A full bench of Justice Revati Mohite-Dere, Justice NJ Jamadar and Justice Sharmila U Deshmukh observed that FIR is a statutory power of the investigating agency and …

Karnataka Excise Act | Police Can't File FIR Solely On Basis Of Seizure Panchnama: High Court
8 months, 1 week ago

Karnataka Excise Act | Police Can't File FIR Solely On Basis Of Seizure Panchnama: High Court

Live Law  

The Karnataka High Court has set aside the conviction handed down to two accused under Sections 32, 34 and 38-A of the Karnataka Excise Act, holding that the police cannot file an FIR on the basis of seizure panchanama. The petitioners are acquitted for the offences punishable under Sections 32, 34 and 38-A of Karnataka Excise Act.” The prosecution alleged …

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