Article 22(5): Delay In Considering Representation Against Detention Order A Ground To Nullify It, Says Karnataka HC
2 years, 3 months ago

Article 22(5): Delay In Considering Representation Against Detention Order A Ground To Nullify It, Says Karnataka HC

Live Law  

The Karnataka High Court has said that delayed consideration by authorities of the representation made by a detenu amounts to violation of Article 22 of the Constitution of India and constitutes a ground to nullify the order of detention. Jayamma vs. Commissioner of Police, Bengaluru and Leelavathi vs. Commissioner of Police, Bengaluru & others, the bench said: "A duty is cast on the State to consider the representation of the detenue and it has to be exercised at the earliest point of time. What is the 'earliest point of time' is necessarily subjective and the settled principle being that the representation has to be considered at the earliest point of time and if there is a delay in considering the representation, then the entire detention order would have to be set aside on that ground alone." "Thus non-consideration of the representation had adversely affected the right of petitioner No.1 due to the failure on the part of the State Government to consider the representation as nearly six months from the date of representation," said the bench The court also said that the petitioner was not given adequate time to submit his representation.

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History of this topic

Detaining Authority Must Show Likelihood Of Bail To Pass Preventive Detention Order Against Person Already In Custody: Gauhati HC Reiterates
Trending News
23 hours, 27 minutes ago

Detaining Authority Must Show Likelihood Of Bail To Pass Preventive Detention Order Against Person Already In Custody: Gauhati HC Reiterates

Live Law  

" The said personal liberty and individual freedom can be curtailed by preventive detention laws, which could be used to consign an individual to the confines of jail without any trial, on the basis of the satisfaction arrived at by the detaining authority on the basis of the material placed before him," the court underscored. “ The Detention Order No.I …

Kidnapping Case: Karnataka High Court Permits Bhavani Revanna To Enter Her Native Districts Of Mysuru, Hassan For 15 Days
3 weeks, 2 days ago

Kidnapping Case: Karnataka High Court Permits Bhavani Revanna To Enter Her Native Districts Of Mysuru, Hassan For 15 Days

Live Law  

The Karnataka High Court on Thursday relaxed a condition imposed in the anticipatory bail order of Bhavani Revanna, and permitted her to enter her native districts of Mysuru and Hassan for 15 days. In its order dated June 7, the court had while granting interim anticipatory bail to Bhavani in connection with a kidnapping case, had directed her not to …

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy
Top News
1 month, 1 week ago

‘Raining FIRS’: Supreme Court grants arrest shield to YSR Cong’s Sajjala B Reddy

Hindustan Times  

NEW DELHI: The Supreme Court on Monday shielded YSR Congress Party’s social media head Sajjala Bhargava Reddy from arrest for two weeks to enable him to approach the high court for bail, observing the interim protection was akin to allowing the petitioner to get first aid while the state government was “raining FIRs” on him. Former Andhra Pradesh chief minister …

Arrest info enough, grounds of arrest not necessary: Karnataka HC
1 month, 1 week ago

Arrest info enough, grounds of arrest not necessary: Karnataka HC

New Indian Express  

BENGALURU: The Karnataka High Court ruled that the verdicts of the Supreme Court, that grounds of arrest are to be informed to the accused, applies to the accused arrested under the Unlawful Activities Act and Prevention of Money Laundering Act and not for accused arrested under the Indian Penal Code and Karnataka Control of Organised Crimes Act, 2000. If grounds …

In-Subordination Is Contagious Malady In Public Service Resulting In Maladministration, Cannot Be Viewed Leniently: Karnataka High Court
1 month, 2 weeks ago

In-Subordination Is Contagious Malady In Public Service Resulting In Maladministration, Cannot Be Viewed Leniently: Karnataka High Court

Live Law  

The Karnataka High Court has dismissed with cost a petition filed by a delinquent employee of the State Administrative Tribunal, questioning the order passed by the Tribunal whereby his two annual increments with cumulative effect were withheld on charges of disobeying instruction of the Chairman, and employing rude language. A division bench of Justice Krishna S Dixit and Justice C …

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders
1 month, 2 weeks 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 …

Karnataka HC reserves order on Prajwal’s bail pleas
3 months, 3 weeks ago

Karnataka HC reserves order on Prajwal’s bail pleas

New Indian Express  

BENGALURU: The Karnataka High Court on Thursday reserved order on three bail petitions filed by former Hassan MP Prajwal Revanna, who is facing sexual harassment and rape charges. Prajwal filed the petitions seeking anticipatory bail in two cases and regular bail in the third case. Prajwal approached the high court for bail in the case registered with the Holenarasipura police …

Prison takes nine months to send detenu’s representation, SC orders his release
3 months, 3 weeks ago

Prison takes nine months to send detenu’s representation, SC orders his release

The Hindu  

The Supreme Court has struck down the detention of a person under the anti-smuggling law on learning that the jail authorities delayed sending his representation against the restraining order for nine months. Justice Gavai, who authored the judgment, ordered the man to be released forthwith, observing that “in matters pertaining to personal liberty of the citizens, the authorities are enjoined …

[KAAPA] Police's Failure To Use Available Technology To Expedite Process Undermines Personal Liberty Of Accused In Preventive Detention Cases: Kerala HC
4 months, 1 week ago

[KAAPA] Police's Failure To Use Available Technology To Expedite Process Undermines Personal Liberty Of Accused In Preventive Detention Cases: Kerala HC

Live Law  

The Kerala High Court observed that the State Police uses an 'Integrated Core Policing System' that enables them to collect information about offenders promptly and efficiently without delay. The Court thus stated that with the technological advancements, the government cannot justify the delay in issuing the detention order by claiming that they spent time gathering case details. The Court was …

'No Sufficient Cause Was Shown Before Passing Detention Order': Patna High Court Orders Release Of Detenue Arrested Under PITNDPS Act
4 months, 3 weeks ago

'No Sufficient Cause Was Shown Before Passing Detention Order': Patna High Court Orders Release Of Detenue Arrested Under PITNDPS Act

Live Law  

The Patna High Court on Wednesday ordered the release of a detenue who was detained pursuant to the order passed by the Joint Secretary, Government of India, under Section 3 of the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The release was ordered because the opinion of the advisory board recommending the detention of the …

Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court
4 months, 4 weeks ago

Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court

Live Law  

The Jammu & Kashmir and Ladakh High Court recently quashed a detention order issued by District Magistrate Kathua, citing a failure in procedural compliance, specifically the communication of the grounds of detention in a language understood by the detenue. The court also highlighted the necessity of the Detaining Authority to ensure that the grounds of detention are communicated in a …

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench
7 months ago

Savukku Shankar’s Goondas detention: Chennai Police ask third judge to refer petition against detention back to a Division Bench

The Hindu  

The Greater Chennai City Police on Thursday, June 6, 2024, filed a sub application before the Madras High Court claiming that Justice G. Jayachandran had agreed with the view taken by Justice P.B. Balaji, in a habeas corpus petition filed against YouTuber ‘Savukku’ Shankar alias A. Shankar’s detention under the Goondas Act, and therefore, the case must now be referred …

Govt Must Enquire Whether Representation Has Been Made Against Detention By Detenue, Any Omissions Fatal For Detention Order's Validity: J&K High Court
9 months, 1 week ago

Govt Must Enquire Whether Representation Has Been Made Against Detention By Detenue, Any Omissions Fatal For Detention Order's Validity: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court released a young woman detained under the Jammu and Kashmir Public Safety Act, 1978 emphasising the "onus" on the government to ensure a detenue's representation reaches the Advisory Board before it confirms the detention order. A bench of Justice Rahul Bharti observed, “Onus is equally upon the Government to enquire from the …

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023
1 year, 1 month ago

Karnataka High Court Calls For Explanation From Trial Court Judge Who Failed To Comply With HC Directions To Conclude Trial By January 2023

Live Law  

The Karnataka High Court recently called for an explanation from the Trial Court for not obeying its direction of disposing of a criminal case registered against a man charged with the death of his wife, under Section 498A and 306 of the Indian Penal Code. Notably, although the Trial Court had been directed to dispose of the case within 31st …

Article 22(4) | State Must Confirm Order Under Kerala Anti-Social Activities Prevention Act Within 3 Months From Detention: High Court
1 year, 3 months ago

Article 22(4) | State Must Confirm Order Under Kerala Anti-Social Activities Prevention Act Within 3 Months From Detention: High Court

Live Law  

The Kerala High Court on Wednesday declared that the State Government ought to confirm the detention order issued under the Kerala Anti-Social Activities Act, 2007 within 3 months from the date of its execution.The Division Bench comprising Justice Anu Sivaraman and Justice C. Jayachandran observed that while Article 22 of the Constitution does not create. The Kerala High Court on …

Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped
1 year, 3 months ago

Madras High Court Quashes Lawyer’s Detention Under COFEPOSA, Says Live And Proximate Link Had Snapped

Live Law  

While setting aside a preventive detention order made by the State for detention of a lawyer in connection with smuggling under the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974, the Madras High Court noted that the live and proximate link between grounds of detention and purpose of detention had snapped. “In the case on hand, from …

Karnataka HC notice to govt. on plea against appointing ‘ineligible’ person as judicial member for special court for land grabbing cases
1 year, 4 months ago

Karnataka HC notice to govt. on plea against appointing ‘ineligible’ person as judicial member for special court for land grabbing cases

The Hindu  

The High Court of Karnataka on Wednesday ordered issue of notice to the State government on a PIL petition questioning the legality of appointment of one C.G. Hungund as a judicial member of the Special Court for the land grabbing cases. The Bench also ordered issue of notice to Mr. Hungund, who was appointed as a judicial member to the …

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court
1 year, 4 months ago

Court Can Review Detention Orders Despite Detaining Authority's Subjective Satisfaction: Jammu & Kashmir High Court

Live Law  

While acknowledging the principle of not ordinarily interfering with the detaining authority's subjective satisfaction, the Jammu and Kashmir and Ladakh High Court on Wednesday clarified that this principle does not preclude the court from examining the material that forms the basis of detention. “The subjective satisfaction though cannot be interfered normally by the court but at the same time it …

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court
1 year, 7 months ago

Unexplained Delay In Issuing Detention Order After Last Prejudicial Activity Of Detenu Is Ground For Quashing: Kerala High Court

Live Law  

The Kerala High Court on Monday held that a detention order issued against a person can be quashed on the basis of unexplained delay in issuing the order of detention after the last prejudicial activity of the detenu, as per the Kerala Anti-Social Activities Act, 2007. In other words, an unexplained delay in issuing the order of detention after the …

Person Confined Under Preventive Detention Law In Jammu & Kashmir Not Released Despite High Court's Quashing Order Passed Over A Year Ago
1 year, 7 months ago

Person Confined Under Preventive Detention Law In Jammu & Kashmir Not Released Despite High Court's Quashing Order Passed Over A Year Ago

Live Law  

Terming the non-release of a detainee whose detention order under Public Safety Act was quashed by it last year as a very "disturbing scenario", the Jammu and Kashmir and Ladakh High Court has ordered District Magistrate, Baramulla to be personally present before it and also produce the detainee before it next week. A bench comprising Justice Rahul Bharti observed, "Through …

Grounds In Detention Order Quashed By Writ Court Can't Be Considered While Passing Fresh Detention Order: Jammu & Kashmir High Court
1 year, 7 months ago

Grounds In Detention Order Quashed By Writ Court Can't Be Considered While Passing Fresh Detention Order: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir and Ladakh High has ruled that when a Court quashes a detention order using a high prerogative writ, the grounds of the previous order should not be considered, either in whole or in part, when determining new grounds for detention. Justice Moksha Kazmi Khajuria made these observations while hearing a Habeas Corpus petition seeking quashing of …

High Court reserves judgment in defamation case
1 year, 8 months ago

High Court reserves judgment in defamation case

Deccan Chronicle  

Hyderabad: Justice K. Surender of the Telangana High Court on Wednesday reserved orders on a petition seeking disposal of a defamation case filed against Firoz Bakht Ahmed, the Chancellor of Moulana Azad National Urdu University. Detention order in human trafficking case set aside A two-judge bench of the Telangana High Court on Wednesday set aside a detention order issued against …

Person Against Whom Externment Order Is Passed Must Be Supplied 'Report' Leading To Such Decision: Karnataka High Court
1 year, 9 months ago

Person Against Whom Externment Order Is Passed Must Be Supplied 'Report' Leading To Such Decision: Karnataka High Court

Live Law  

The Karnataka High Court has made it clear that under Section 58 of the Karnataka Police Act, the report based on which a person is to be externed must be mandatorily supplied to such person along with the notice so issued. A single judge bench of Justice M Nagaprasanna allowed the petition filed by T Roopeshkumar @ Roopi and said …

Supreme Court Issues Notice In Karnataka Lokayukta’s Plea Challenging Interim Anticipatory Bail GrantTo BJP MLA In Bribe Case
1 year, 9 months ago

Supreme Court Issues Notice In Karnataka Lokayukta’s Plea Challenging Interim Anticipatory Bail GrantTo BJP MLA In Bribe Case

Live Law  

The Supreme Court, on Monday, issued notice, in a plea by Karnataka Lokayukta challenging the Karnataka High Court's order granting interim anticipatory bail to BJP MLA, K. Madal Virupakshappa, in a bribery case. While issuing notice the Bench comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia was concerned that though the petition was filed by the Karnataka Lokayukta the cause …

Domestic Violence Victims Must Be Addressed With Immediacy: Karnataka High Court Issues Directions For Timely Disposal By Magistrate Courts
1 year, 9 months ago

Domestic Violence Victims Must Be Addressed With Immediacy: Karnataka High Court Issues Directions For Timely Disposal By Magistrate Courts

Live Law  

The Karnataka High Court has issued directions to be followed by magistrate courts for disposal of applications being made by an aggrieved person under the Protection of Women from Domestic Violence Act, 2005, within 60 days from the date of its filing. Before issuing the directions the bench expressed “It becomes necessary for this Court to direct the Magistrates, to …

Cops issue detention notice to person already in jail; HC seeks govt clarification
1 year, 11 months ago

Cops issue detention notice to person already in jail; HC seeks govt clarification

Deccan Chronicle  

HYDERABAD: A two-judge bench of the Telangana High Court, comprising Justice Abhinand Kumar Shavili and Justice Pulla Karthik on Wednesday issued notices to the state government in a habeas corpus writ petition. The court directed the state to ascertain whether a detention order can be issued against a person, who is already in jail and asked the state to produce …

Detenu Aggrieved By Non-Supply Of Document Having Only 'Casual Connection' With Preventive Detention Must Explain Its Relevance: Kerala High Court
1 year, 11 months ago

Detenu Aggrieved By Non-Supply Of Document Having Only 'Casual Connection' With Preventive Detention Must Explain Its Relevance: Kerala High Court

Live Law  

The Kerala High Court recently held that a detention order can be invalidated on the ground that documents were not supplied to the detenu only if he can prove that prejudice was caused to him due to the non-supply of such documents. It is the obligation of the detenu to explain why such documents are relevant for issuing a detention …

Detention Order Passed For Pleasure Of Passing It, Grounds Not A Matter Of Wordplay: High Court Censures Kashmir Divisional Commissioner
2 years ago

Detention Order Passed For Pleasure Of Passing It, Grounds Not A Matter Of Wordplay: High Court Censures Kashmir Divisional Commissioner

Live Law  

The Jammu & Kashmir and Ladakh High Court recently quashed a detention order under Prevention of Illicit Traffic In Narcotic Drugs and Psychotropic Substances Act, observing that it seems to have been passed for the pleasure of passing an order. The court made the observations in its decision on a habeas corpus plea challenging the legality of the detention order …

KAAPA | Detaining Authority Duty-Bound To Consider Previous Opinion Of Advisory Board; Non-Consideration Of Relevant Materials Fatal: Kerala HC
2 years, 1 month ago

KAAPA | Detaining Authority Duty-Bound To Consider Previous Opinion Of Advisory Board; Non-Consideration Of Relevant Materials Fatal: Kerala HC

Live Law  

The Kerala High Court recently held that the previous opinion of the Advisory Board, which led to the revocation of the earlier detention order, and even the revocation of such detention order, are crucial materials which ought to be examined and considered by the detaining authority before it takes a decision for another detention under the Kerala Anti-Social Activities. The …

Detaining Authority Must Be Aware That Detenu Is Already In Custody & Must Show Compelling Reasons To Pass Preventive Detention Order: Kerala HC
2 years, 1 month ago

Detaining Authority Must Be Aware That Detenu Is Already In Custody & Must Show Compelling Reasons To Pass Preventive Detention Order: Kerala HC

Live Law  

The Kerala High Court recently reiterated the settled position that an order of preventive detention can be passed against a person who is already in custody, subject to the condition that the detaining authority is aware of the detenu already being in detention, and secondly, that there are compelling circumstances justifying such preventive detention. ".it is by now well settled …

Tamil Nadu Govt Misusing Preventive Detention Laws, Will Order State To Pay Compensation Whenever Detention Is Found Frivolous: Madras High Court
2 years, 1 month ago

Tamil Nadu Govt Misusing Preventive Detention Laws, Will Order State To Pay Compensation Whenever Detention Is Found Frivolous: Madras High Court

Live Law  

Expressing shock over Tamil Nadu government's abuse of preventive detention laws, the Madras High Court has said that it will impose costs on the State whenever a preventive detention order is found to be illegal. The division bench of Justice MS Ramesh and Justice Anand Venkatesh gave the ruling in two habeas corpus petitions filed by relatives of the detenues …

14 Days Inordinate & Unexplained Delay In Considering Detainee's Representation Sufficient To Quash Preventive Detention Order: Madras HC
2 years, 2 months ago

14 Days Inordinate & Unexplained Delay In Considering Detainee's Representation Sufficient To Quash Preventive Detention Order: Madras HC

Live Law  

The Madras High Court recently set aside a preventive detention order after observing that there was an inordinate and unexplained delay of 14 days in considering the representation made on behalf of the detenu.In the subject case, admittedly, there is an inordinate and unexplained delay of 14 days in considering the representation by the Hon'ble Minister for Home, Prohibition and. …

Kerala High Court Directs Writer-Activist Civic Chandran To Surrender Before Police For Interrogation In Sexual Harassment Case
2 years, 2 months ago

Kerala High Court Directs Writer-Activist Civic Chandran To Surrender Before Police For Interrogation In Sexual Harassment Case

Live Law  

Cancelling author and social activist Civic Chandran's anticipatory bail in a sexual harassment case, the Kerala High Court on Thursday directed him to surrender before the Investigating Officer within seven days for subjecting himself for interrogation.Justice A. Badharudeen while allowing the petitions moved by the victim and the Government against the grant of anticipatory bail to Chandran. Cancelling author and …

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court
2 years, 2 months ago

Prosecution Under Karnataka Control Of Organised Crime Act Can't Be Sustained When Proceedings For Predicate Offences Quashed: High Court

Live Law  

The Karnataka High Court has made it clear that when criminal proceedings for predicate offences are quashed, the prosecution initiated under the Karnataka Control of Organised Crime Act, 2000 cannot be sustained. The offences under the IPC and or any other enactment being a predicate offence for the purpose of exercise of powers under Section 24 and or Section 3 …

Preventive Detention Will Be Vitiated By Unexplained Delay In Passing Order, Withholding Of Relevant Material : Supreme Court
2 years, 3 months ago

Preventive Detention Will Be Vitiated By Unexplained Delay In Passing Order, Withholding Of Relevant Material : Supreme Court

Live Law  

The Supreme Court observed that unreasonable and unexplained delay in passing the order of detention from the date of the proposal can vitiate the detention order.The bench of CJI Uday Umesh Lalit, Justices S. Ravindra Bhat and JB Pardiwala observed that there should be "live and proximate link" between the grounds of detention and the purpose of detentionIn this case, …

Inordinate Delay In Lodging "Extortion" Complaint Gives Rise To Doubts As To Its Veracity: Karnataka High Court
2 years, 5 months ago

Inordinate Delay In Lodging "Extortion" Complaint Gives Rise To Doubts As To Its Veracity: Karnataka High Court

Live Law  

The Karnataka High Court has said that unexplained delay in registering a complaint of extortion under Section 384 of the Indian Penal Code, gives rise to embellishment to a particular complaint. Findings: The bench perused the two complaints filed against the petitioners and said, "What merits consideration is the contention of the learned senior counsel that the complainants are ghost …

No "Live Link" With Past Incidents: MP High Court Quashes Preventive Detention Order U/S 3(2) Of National Security Act, Awards 10K Cost
2 years, 6 months ago

No "Live Link" With Past Incidents: MP High Court Quashes Preventive Detention Order U/S 3(2) Of National Security Act, Awards 10K Cost

Live Law  

The Madhya Pradesh High Court, Indore Bench recently set aside an order of Preventive Detention under the National Security Act and further imposed a cost of Rs. The Court observed that there was no live link between the earlier alleged incidence on the part of the Petitioner and the incidence in respect of which his detention order had been passed. …

Karnataka High Court Upholds Compulsory Retirement Of Civil Judge For Preparing Order Sheets Of Proceedings That Did Not Even Take Place
2 years, 6 months ago

Karnataka High Court Upholds Compulsory Retirement Of Civil Judge For Preparing Order Sheets Of Proceedings That Did Not Even Take Place

Live Law  

The Karnataka High Court has dismissed a petition filed by a former Civil Judge, Junior Division questioning the order dated March 22, 2021 passed by the state government ordering compulsory retirement from service. In 2019, he was posted as Additional Civil Judge, JMFC, Virajpet and by a Notification dated June 22, 2019, he was placed in charge as Civil Judge …

Non-Supply Of Documents Relied Upon In Detention Order Affects Detenus' Right Under Art.22(5): Kerala High Court
2 years, 7 months ago

Non-Supply Of Documents Relied Upon In Detention Order Affects Detenus' Right Under Art.22(5): Kerala High Court

Live Law  

The Kerala High Court has recently ruled that failure to supply the documents which were relied upon by the detaining authority for arriving at the subjective satisfaction to pass the detention order affects the rights of the detenus under Article 22 of the Constitution of India, particularly when they were specifically requested for by them. The Court noted that the …

Non-Supply Of Vital Documents To Detenue Hampers His Right To Make Representation: J&K&L High Court Quashes Preventive Detention Order
2 years, 8 months ago

Non-Supply Of Vital Documents To Detenue Hampers His Right To Make Representation: J&K&L High Court Quashes Preventive Detention Order

Live Law  

Jammu and Kashmir High Court recently quashed a preventive detention order declaring it to be illegal on ground that all important documents related to the matter were not provided to the detenue. Justice Sanjay Dhar observed: "Contention of the petitioner that whole of the material relied upon by the detaining authority, while framing the grounds of detention, has not been …

If Ground Of Delay In Filing S.138 NI Act Complaint Is Raised For First Time In Appeal, Case May Be Remanded Back For Consideration U/S 142(b): Karnataka HC
2 years, 9 months ago

If Ground Of Delay In Filing S.138 NI Act Complaint Is Raised For First Time In Appeal, Case May Be Remanded Back For Consideration U/S 142(b): Karnataka HC

Live Law  

The Karnataka High Court has said that if a party, opposing the proceedings instituted under Section 138 of the Negotiable Instruments Act, fails to raise the ground of delay in filing the complaint before the court of first instance, the Court in Appeal is empowered to remand the matter back for fresh consideration on the issue of condonation of delay …

Madhya Pradesh High Court Quashes Order Of Preventive Detention As District Magistrate Failed To Forward The Order To Govt. Forthwith
2 years, 10 months ago

Madhya Pradesh High Court Quashes Order Of Preventive Detention As District Magistrate Failed To Forward The Order To Govt. Forthwith

Live Law  

The High Court of Madhya Pradesh recently set aside the order of preventive detention passed by the District Magistrate, holding that he failed to discharge his obligation, in as much as forwarding the case to the State Government after nearly 10 days of passing the respective order. Bansal was essentially dealing with a writ petition filed by the Petitioner, wherein …

'Even A Single Act Against Public Peace & Order Can Be Sufficient Ground For Detention': Jammu & Kashmir & Ladakh High Court
3 years ago

'Even A Single Act Against Public Peace & Order Can Be Sufficient Ground For Detention': Jammu & Kashmir & Ladakh High Court

Live Law  

The Jammu & Kashmir & Ladakh High Court has recently upheld the detention order of a habitual offender on the grounds that he has been creating a sense of alarm and feeling of insecurity in the minds of people in the area, causing a chronic fear among them. Relying on various apex court judgments like Debu Mahato v. State of …

Karnataka High Court Stays Proceedings Against Bengaluru Police Commissioner Kamal Pant For Alleged Delay In Ramesh Jarkiholi Case
3 years, 1 month ago

Karnataka High Court Stays Proceedings Against Bengaluru Police Commissioner Kamal Pant For Alleged Delay In Ramesh Jarkiholi Case

Live Law  

The Karnataka High Court on Thursday by way of interim relief stayed the operation, execution and all further proceedings which may be initiated against Bengaluru Police Commissioner Kamal Pant and two other police officers, pursuant to the order dated November 23, passed by the Magistrate court. Additional Chief Metropolitan Magistrate court had directed the Cubbon park police to investigate a …

Bengaluru Police Commissioner Moves Karnataka HC Against Magistrate's Order To Probe Complaint Alleging Delay In Ramesh Jarkiholi Case
3 years, 1 month ago

Bengaluru Police Commissioner Moves Karnataka HC Against Magistrate's Order To Probe Complaint Alleging Delay In Ramesh Jarkiholi Case

Live Law  

Bengaluru Police Commissioner,Kamal Pant and two other police officers have approached the Karnataka High Court seeking to quash the order passed by the Additional Chief Metropolitan Magistrate court. The court had directed the Cubbon park police to investigate a private complaint filed against them under section 156 of the Criminal Procedure Code for allegedly delaying registration of First Information Report …

"Unexplained Delay Of 4 Days": Allahabad HC Quashes NSA Detention Of Man Who Allegedly Protested, Assaulted Police Force
3 years, 2 months ago

"Unexplained Delay Of 4 Days": Allahabad HC Quashes NSA Detention Of Man Who Allegedly Protested, Assaulted Police Force

Live Law  

The Allahabad High Court last week quashed the detention order passed under the National Security Act on account of 4 days of unexplained delay in disposing of the petitioner/detenue's representation by the Union of India.This order was passed by the Bench of Justice Ramesh Sinha and Justice Saroj Yadav while hearing the habeas corpus plea filed by the detenue Sonu …

National Security Act: Failure To Communicate Rejection Of Detenu's Representation In Time Bound Manner Will Vitiate Detention Order : Supreme Court
3 years, 2 months ago

National Security Act: Failure To Communicate Rejection Of Detenu's Representation In Time Bound Manner Will Vitiate Detention Order : Supreme Court

Live Law  

The Supreme Court observed that failure of Government to communicate rejection of a detenu's representation in a time-bound manner is sufficient to vitiate the order of detention passed under National Security Act.The three judges bench headed by Justice DY Chandrachud said that the detenu has right to have his representation considered expeditiously- failing which the detention order would. The Supreme …

The Concept Of 'Detention' Under Section 167 (2) Cr.P.C. And Its Scope, Range And Legality – Part - II [Webinar Video And Notes]
3 years, 2 months ago

The Concept Of 'Detention' Under Section 167 (2) Cr.P.C. And Its Scope, Range And Legality – Part - II [Webinar Video And Notes]

Live Law  

Whether it is permissible for the Magistrate to grant "police custody" of the accused in the same case after the first 15 days of detention. Whether the bar against granting "police custody" beyond the first 15 days of detention under Clause of the first proviso to Section 167 Cr.P.C. Whether it will be illegal if a Magistrate orders "house arrest" …

Karnataka High Court Issues Directions To Scrutinize Fresh Files Of Civil Contempt Of Court
3 years, 4 months ago

Karnataka High Court Issues Directions To Scrutinize Fresh Files Of Civil Contempt Of Court

Live Law  

The Karnataka High Court has issued directions to the registry in respect to raising of office objections while scrutinizing the fresh files of Contempt of Court Cases. The relevant text of the circular regarding directions is reproduced below: *Whenever it is alleged in a Contempt Petition that an officer of the State Government in his official capacity has committed a …

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