'Sanction Not Required For Investigation,' Jharkhand To Supreme Court In Deoghar Airport Case Against MPs Nishikant Dubey, Manoj Tiwari
3 months, 3 weeks ago

'Sanction Not Required For Investigation,' Jharkhand To Supreme Court In Deoghar Airport Case Against MPs Nishikant Dubey, Manoj Tiwari

Live Law  

The Supreme Court on Wednesday heard State of Jharkhand's plea against Jharkhand High Court's decision to quash the FIR against BJP MPs Nishikant Dubey, Manoj Tiwari, and others in the Deoghar Airport case. In July 2023, the Court issued notice on a petition filed by the State of Jharkhand challenging the Jharkhand High Court's decision to quash the FIR against BJP MPs Nishikant Dubey, Manoj Tiwari, and others in the Deoghar Airport case. The State has argued that the High Court misapplied the principle of special law prevailing over general law by holding that the Aircraft Act, 1934, would supersede the IPC. High Court's Ruling The High Court analyzed Schedule II Rule 4 of The Aircraft Rules, 1937, which defines night flight as occurring between half an hour after sunset and half an hour before sunrise.

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History of this topic

SC dismisses Jharkhand govt.’s appeal against quashing of criminal trespass charges against BJP MPs
2 months ago

SC dismisses Jharkhand govt.’s appeal against quashing of criminal trespass charges against BJP MPs

The Hindu  

The Supreme Court on Tuesday, confirmed the quashing of a case of criminal trespass registered against found BJP MPs Nishikant Dubey, Manoj Tiwari and others for entering the Air Traffic Control room at Deoghar Airport in Jharkhand three years ago after the take-off of their chartered flight was delayed. While reserving the case for judgment on December 18 last year, …

SC upholds order quashing case against BJP’s Nishikant Dubey, Manoj Tiwari
2 months ago

SC upholds order quashing case against BJP’s Nishikant Dubey, Manoj Tiwari

Hindustan Times  

The Supreme Court on Tuesday upheld the Jharkhand high court order quashing a criminal case against Bharatiya Janata Party members of Parliament Nishikant Dubey and Manoj Tiwari for allegedly forcing Deogarh’s Air Traffic Control to approve take-off of their chartered flight in August 2022. A bench of justices Abhay S Oka and Manmohan dismissed the Jharkhand government’s appeal to revive …

Deoghar Airport Case : Supreme Court Affirms Quashing Of Jharkhand FIR Against BJP MPs, Asks Aircraft Act Authority To Decide On Filing Complaint
2 months ago

Deoghar Airport Case : Supreme Court Affirms Quashing Of Jharkhand FIR Against BJP MPs, Asks Aircraft Act Authority To Decide On Filing Complaint

Live Law  

The Supreme Court on Tuesday dismissed the appeals filed by the State of Jharkhand against the Jharkhand High Court's decision to quash an FIR against BJP MPs Nishikant Dubey, Manoj Tiwari, and other persons related to the 2022 Deoghar Airport incident. The Court however granted liberty to the State of Jharkhand to forward the materials collected by them during investigation …

Deoghar Airport Case : Supreme Court Reserves Judgment On Jharkhand's Plea Against MPs Nishikant Dubey & Manoj Tiwari
3 months ago

Deoghar Airport Case : Supreme Court Reserves Judgment On Jharkhand's Plea Against MPs Nishikant Dubey & Manoj Tiwari

Live Law  

The Supreme Court on Wednesday reserved its judgment in the plea filed by the State of Jharkhand challenging the Jharkhand High Court's decision to quash an FIR against BJP MPs Nishikant Dubey, Manoj Tiwari, and others in the 2022 Deoghar Airport case. The High Court had quashed the FIR on the grounds that it was filed without the requisite complaint …

Supreme Court To Hear Jharkhand IAS Officer's Plea Against HC Refusing To Hear Challenge To ECI Direction For Disciplinary Action
3 months, 2 weeks ago

Supreme Court To Hear Jharkhand IAS Officer's Plea Against HC Refusing To Hear Challenge To ECI Direction For Disciplinary Action

Live Law  

The Supreme Court today issued notice on a plea involving the issue as to whether the Election Commission of India's direction to state government to take disciplinary action against a District Election Officer ought to be challenged before the jurisdictional High Court or the Central Administrative Tribunal.A bench of Justices Hrishikesh Roy and Pankaj Mithal called for the response of …

Existence Of Arbitration Clause Doesn't Automatically Bar Criminal Proceedings: Jharkhand High Court
9 months, 3 weeks ago

Existence Of Arbitration Clause Doesn't Automatically Bar Criminal Proceedings: Jharkhand High Court

Live Law  

The Jharkhand High Court bench of Justice Sanjay Kumar Dwivedi held that held that the existence of an arbitration clause does not automatically bar criminal proceedings. Therefore, the Petitioners approached the Jharkhand High Court to quash the entire criminal proceeding, including the cognizance order by which the Judicial Magistrate took cognizance of offenses under Sections 409, 420, and 120-B of …

Section 498-A IPC Being Misused As A Weapon By Disgruntled Wives: Jharkhand High Court
1 year, 4 months ago

Section 498-A IPC Being Misused As A Weapon By Disgruntled Wives: Jharkhand High Court

Live Law  

Expressing its concern against misuse of Section 498A IPC, the Jharkhand High Court recently said that this provision of law is being misused as a weapon, rather than a shield, by 'disgruntled wives'. There is a phenomenal increase in matrimonial disputes in recent years and it appears that in many cases, the object of Section 498-A of the Indian Penal …

Objections U/S 36 Of The A&C Act Permissible Only On Issues Relating To Patent Or Inherent Lack Of Jurisdiction Of The Tribunal: Jharkhand High Court
1 year, 7 months ago

Objections U/S 36 Of The A&C Act Permissible Only On Issues Relating To Patent Or Inherent Lack Of Jurisdiction Of The Tribunal: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that the objections under Section 36 of the A&C Act permissible only on issues relating to patent or inherent lack of jurisdiction of the tribunal. The Bench of Justice Anubha Rawat Choudhary held that challenge to an arbitral award can only be on the grounds enshrined under Section 34 of the Act, nevertheless, it …

Deoghar Airport Case : Supreme Court Issues Notice On Jharkhand Govt's Plea Challenging HC Order Quashing FIR Against BJP MPs
1 year, 8 months ago

Deoghar Airport Case : Supreme Court Issues Notice On Jharkhand Govt's Plea Challenging HC Order Quashing FIR Against BJP MPs

Live Law  

The Supreme Court on Monday issued a notice in the petition filed by the State of Jharkhand challenging the Jharkhand High Court's order quashing the FIR against BJP MPs Nishikant Dubey, Manoj Tiwari and few others in the Deoghar Airport case. State's Contentions Offenses under IPC distinct and separate from Aircraft Act: Aircraft Act won’t prevail The State contended that …

'All Preventive Detention Laws Necessarily Harsh': Supreme Court Emphasises Strict Adherence To Procedure In Preventive Detention Cases
1 year, 8 months ago

'All Preventive Detention Laws Necessarily Harsh': Supreme Court Emphasises Strict Adherence To Procedure In Preventive Detention Cases

Live Law  

In a plea regarding the continued detention of a person under a preventive detention law in Jharkhand, the Supreme Court emphasized the importance of strictly adhering to procedural requirements in cases concerning preventive detention laws. The bench, comprising Justice Aniruddha Bose and Justice Sudhanshu Dhulia, acknowledged that preventive detention laws are inherently stringent as. The bench, comprising Justice Aniruddha Bose …

Counter case against official in secrets act over Deoghar airport row
2 years, 6 months ago

Counter case against official in secrets act over Deoghar airport row

Hindustan Times  

The Delhi Police has registered a case against Deoghar’s deputy commissioner Manjunath Bhajantri on the charge of sedition and under the Official Secrets Act following BJP MP Nishikant Dubey’s complaint, officials said. Based on the complaint received by Nishikant Dubey, Delhi Police registered a zero FIR against Deoghar’s deputy commissioner Manjunath Bhajantri According to the Delhi Police’s ‘zero FIR’, which …

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court
2 years, 10 months ago

Order 7 Rule 11 CPC | Power Of Rejection Of Plaint Mandatory, Can Be Exercised At Any Stage Before Conclusion Of Trial: Punjab & Haryana High Court

Live Law  

The Punjab and Haryana High Court has held that powers of the Court conferred under Order 7 Rule 11 of CPC are mandatory in nature and can be exercised at any stage of the suit, but before the conclusion of the trial.The observation was made while dealing with two revision petitions filed under Article 227 of the Constitution, challenging an …

Himachal Pradesh & Uttarakhand High Courts: 50 Important Decisions Of 2021
3 years, 2 months ago

Himachal Pradesh & Uttarakhand High Courts: 50 Important Decisions Of 2021

Live Law  

As the end of the year 2021 is nearing, LiveLaw brings to you a bunch of important Cases from the Himachal Pradesh & Uttarakhand High Courts. Uttarakhand Forest Fire: High Court Asks State To Fill All Vacancies In Forest Department Within 6 Months "For, until and unless sufficient manpower and physical infrastructure are not provided to the Forest Department, it …

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court
3 years, 5 months ago

Attempt To Murder: "Offence Against Society, Can't Quash Proceedings Only On Ground Of Compromise": Delhi High Court

Live Law  

Observing that an offence of Attempt To Murder will fall under the category of heinous offence, and therefore, has to be treated as a crime against society, the Delhi High Court on Monday refused to quash an FIR registered for an offence under 307/34 IPC. Court's observations At the outset, the Court noted that there was a conflict of opinions …

Section 420 IPC- In The Absence Of Allegation Of Deception From The Inception No Offence Is Established: Jharkhand High Court
3 years, 8 months ago

Section 420 IPC- In The Absence Of Allegation Of Deception From The Inception No Offence Is Established: Jharkhand High Court

Live Law  

The Jharkhand High Court has held that in the absence of any allegation of deception, false promise, or inducement at the time of the transaction, merely the breach of undertaking to repay the loan in the manner claimed cannot be a basis for conviction under Section 420 of the Indian Penal Code. A bench of Justice Anubha Rawat Choudhary, while …

Plea In Jharkhand High Court Challenges Constitutional validity of Armed Forces Tribunal Act, 2007
4 years, 2 months ago

Plea In Jharkhand High Court Challenges Constitutional validity of Armed Forces Tribunal Act, 2007

Live Law  

A former non-commissioned Officer of the Indian Air Force has moved the Jharkhand High Court, challenging the vires of the Armed Forces Tribunal Act, 2007, as being violative of Articles 14, 19 & 21 of the Indian Constitution. Benches of Armed Forces Tribunal not within the accessible reach Section 5 of the Act provides that the Benches of the Tribunal …

"Present Matter Has Pan India Ramifications, This Court Has No Territorial Jurisdiction To Adjudicate The Same'[Read Jharkhand HC Order Dismissing Plea Against NLAT]
4 years, 6 months ago

"Present Matter Has Pan India Ramifications, This Court Has No Territorial Jurisdiction To Adjudicate The Same'[Read Jharkhand HC Order Dismissing Plea Against NLAT]

Live Law  

"The present matter has pan India ramifications and petitioners have failed to make out a strong ground so as to invoke the extraordinary writ jurisdiction of this Court which is otherwise plenary in nature, it would not be appropriate for this Court to interfere with the notice dated 03.09.2020 issued by NLSIU, Bengaluru", Jharkhand High Court said while dismissing the …

Charge Under IPC Can Continue Even If Sanction In Respect Of Offence Under Prevention Of Corruption Act Is Not Forthcoming: SC [Read Order]
4 years, 7 months ago

Charge Under IPC Can Continue Even If Sanction In Respect Of Offence Under Prevention Of Corruption Act Is Not Forthcoming: SC [Read Order]

Live Law  

The Supreme Court has observed that the charge against an accused for offence punishable under the Indian Penal Code can continue irrespective of the fact that sanction in respect of offence punishable under Prevention of Corruption Act,is not forthcoming.The bench comprising of Justice AM Khanwilkar, Dinesh Maheshwari and Sanjiv Khanna agreed with the view taken by Jharkhand High Court. The …

Heinous & Serious Offences, Offences By Public Servants Can't Be Quashed On The Ground Of Compromise Between Parties: SC Issues Guidelines
6 years ago

Heinous & Serious Offences, Offences By Public Servants Can't Be Quashed On The Ground Of Compromise Between Parties: SC Issues Guidelines

Live Law  

A three Judge Bench of Supreme Court of India on Tuesday has issued guidelines regarding quashing of Criminal Proceedings on the ground of compromise between the parties. The Bench has then issued the following Guidelines i) that the power conferred under Section 482 of the Code to quash the criminal proceedings for the non-compoundable offences under Section 320 of the …

High Court drops certain charges against Lalu, upholds CBI plea to continue proceedings
10 years, 4 months ago

High Court drops certain charges against Lalu, upholds CBI plea to continue proceedings

India TV News  

Ranchi: The Jharkhand High Court today upheld the CBI plea to continue proceedings in the trial court against former Bihar chief minister Lalu Prasad under two sections while dropping other charges on the ground that a person cannot be tried twice for the same offence. The charges are in connection with RC 64A/96 pertaining to fraudulent withdrawal of Rs 96 …

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