Reasonable Connection Between Concerned Act & Performance Of Official Duty Necessary For Public Servant To Avail Benefit Of S.197 CrPC: Gujarat HC
2 years, 9 months ago

Reasonable Connection Between Concerned Act & Performance Of Official Duty Necessary For Public Servant To Avail Benefit Of S.197 CrPC: Gujarat HC

Live Law  

The Gujarat High Court has reiterated that when a government servant is accused of a criminal offence, there has to be a reasonable connection between the act concerned and the performance of his official duty for him to claim that there is need of sanction to prosecute under Section 197 of CrPC. Significantly, to address the contentions of the Applicant regarding Sections 132 and 197, the Bench relied on Nagaraj Vs. State of Mysore, AIR 1964 SC 269 where the Apex Court had provided four parameters to gain the benefit of Section 132: "To get such a benefit and to put off a clear decision on the question whether his conduct amounts to an offence or not, the appellant has to show that there was an unlawful assembly or an assembly of five or more persons likely to cause a disturbance of the public peace ; that such an assembly was commanded to disperse ; that either the assembly did not disperse on such command or, if no command had been given; its conduct had shown a determination not to disperse ; and that in the circumstances he had used force against the members of such assembly." Further, regarding Section 197, the Court relied on Indra Devi vs State of Rajasthan and Anr 8 SCC 768: "Public servants have been treated as a special category in order to protect them from malicious or vexatious prosecution. The High Court concluded that for Section 197, the Petitioners will have to establish that the act/offence concerned was in discharge of public duty.

Assembly Court Public Servant State High Public Complainant Complaint Crpc Section 132 Section 197  duty  servant  s197  official  force  vs  reasonable  state  complaint  gujarat  crpc  high  necessary  court  assembly  public  prosecution  performance  hc

History of this topic

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025
1 week, 2 days ago

Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – February 2025

Live Law  

Supreme Court: S.156 CrPC v S.175 BNSS | BNSS Mandates Magistrate To Hear Police Officer On Refusal To Register FIR, Ensures Reasoned Order: Supreme Court Case Title: OM PRAKASH AMBADKAR VERSUS THE STATE OF MAHARASHTRA & ORS. Kerala High Court: S.187 BNSS | Default Bail Can Be Granted After 60 Days For Offence Punishable With Imprisonment Which May Extend To …

Supreme Court Weekly Round-up: March 03, 2025 To March 09, 2025
Top News
1 week, 4 days ago

Supreme Court Weekly Round-up: March 03, 2025 To March 09, 2025

Live Law  

Nominal Index Citations In Re Recruitment of Visually Impaired In Judicial Services v. The Registrar General The High Court of Madhya Pradesh, SMW No. Case Details: Devinder Kumar Bansal v. The State of Punjab Citation: 2025 LiveLaw 291 The Supreme Court upheld the denial of anticipatory bail to a public servant accused of demanding illegal gratification. Case Details: Vijay Bahadur …

Customs Officers Who Assaulted Complainant To 'Extract Truth' Cannot Be Said To Have Acted Outside Official Duties: Rajasthan High Court
1 month ago

Customs Officers Who Assaulted Complainant To 'Extract Truth' Cannot Be Said To Have Acted Outside Official Duties: Rajasthan High Court

Live Law  

The Rajasthan High Court has set aside criminal proceedings against customs officers who alleged to have committed assault and grievous hurt to the complainant while interrogating him, for the absence of sanction required under Section 197, CrPC. Similarly, in another Apex Court case of State of Orissa v Ganesh Chandra Jew, it was held that, “If in doing his official …

Supreme Court Annual Digest 2024: Unlawful Activities (Prevention) Act [UAPA]
1 month, 2 weeks ago

Supreme Court Annual Digest 2024: Unlawful Activities (Prevention) Act [UAPA]

Live Law  

Bail under UAPA, 1967 – Applicability of Section 43-D – Principles and Constitutional Considerations – Long Incarceration and Delay in Trial - Prima Facie Assessment - Fundamental Rights and Speedy Trial - Precedence of Constitutional Rights - The Supreme Court reiterated the principles governing the grant of bail under Section 43-D of the Unlawful Activities Act, 1967, emphasizing Courts must …

Madras High Court Monthly Digest: January 2025
1 month, 2 weeks ago

Madras High Court Monthly Digest: January 2025

Live Law  

Citations: 2025 LiveLaw 1 To 2025 LiveLaw 38 NOMINAL INDEX S Ve Shekar v State, 2025 LiveLaw 1 Thol.Thirumavalavan v. Dr.V.Vedha @ Dhamodharan, 2025 LiveLaw 2 Mark Studio India Private Limited v. Income Tax Officer and Others, 2025 LiveLaw 3 Dr Jenbagalakshmi v The State of Tamil Nadu and Another, 2025 LiveLaw 4 M. Nagappan v. The Management, 2024 LiveLaw …

Supreme Court Annual Digest 2024: Service Law
1 month, 3 weeks ago

Supreme Court Annual Digest 2024: Service Law

Live Law  

SERVICE LAWS - SUPREME COURT ANNUAL DIGEST 2024 Administration Constitution of India - Article 16, 16 and 335 - Efficiency of Administration - Article 335 does not limit sub-classification; rather, it reinforces the importance of inclusion and equality in public services in line with Article 16. Indian Council of Agricultural Research v. Rajinder Singh, 2024 LiveLaw 611 : AIR 2024 …

S. 205 CrPC | No Strict Bar For Dispensation Of Personal Attendance Of Accused In Cases Under SC/ST Act: Orissa High Court
2 months ago

S. 205 CrPC | No Strict Bar For Dispensation Of Personal Attendance Of Accused In Cases Under SC/ST Act: Orissa High Court

Live Law  

The Orissa High Court has recently clarified that there is no strict statutory embargo barring dispensation of personal attendance of accused under Section 205 of the CrPC in cases involving offences under the Scheduled Caste and Scheduled Tribe Act. While setting aside a trial Court order disallowing application of the appellants seeking dispensation of personal appearance, the Single Bench of …

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court
2 months ago

Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court

Live Law  

The Indore Bench of Madhya Pradesh High Court has held that violation of service rules would not come within the purview of violation of discharge of public functions. The service conditions of an employee is governed by the Service rules and violation of service rules would not come within the purview of violation of discharge of public functions and, therefore, …

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
2 months, 2 weeks ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court
Trending News
2 months, 2 weeks ago

Chargesheet Cannot Be Based On Bald Assertions Of Connivance: Supreme Court

Live Law  

sThe Supreme Court recently held that offences in the chargesheet cannot be based on bald assertions of connivance. The Supreme Court referred to the ample judgments interpreting Section 197 namely Manohar Nath Kaul v. State of Jammu & Kashmir, Shambhoo Nath Misra v. State of U.P. Having considered the application of Section 197, the Court opined that the arguments of …

Supreme Court Yearly Digest 2024: Negotiable Instruments Act, 1881
2 months, 3 weeks ago

Supreme Court Yearly Digest 2024: Negotiable Instruments Act, 1881

Live Law  

Director of the company not responsible for its day-to-day affairs cannot be held liable for dishonour of cheque. Prem Raj v. Poonamma Menon, 2024 LiveLaw 272 : 6 SCC 143 Section 138 – Dishonouring of cheque – Held, existence of any “enforceable debt or other liability” not found. Raj Reddy Kallem v. State of Haryana, 2024 LiveLaw 336 Section 147 …

Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024
3 months ago

Supreme Court Weekly Round-up: December 9, 2024 To December 15, 2024

Live Law  

Index Citations Kunhimuhammed @ Kunheethu v. State of Kerala 2024 LiveLaw 964 National Highways Authority of India v. G Athipathi and Others, Civil Appeal No. Case Details: Kirpal Singh v. Government of India Citation: 2024 LiveLaw 970 The Supreme Court has held that Section 14 of the Limitation Act, 1963 is applicable to the Arbitration and Conciliation Act, 1996. Case …

Public Servant Exceeding Powers While Performing Official Duties Would Be Protected U/S 197 CrPC: J&K High Court
3 months, 1 week ago

Public Servant Exceeding Powers While Performing Official Duties Would Be Protected U/S 197 CrPC: J&K High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court has ruled that Section 197 of the Code of Criminal Procedure provides protection not only for acts performed by public servants in the discharge of their official duties but also for those done in the purported discharge of such duties. Justice Sanjay Dhar, while quashing an order directing the registration of an …

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024
3 months, 1 week ago

Supreme Court Weekly Round-up: December 02, 2024 To December 08, 2024

Live Law  

Index Citations Ashok v. State of Uttar Pradesh, Criminal Appeal No. Case Details: Irfan Khan v. State Citation: 2024 LiveLaw 945 The Supreme Court quashed the Arms Act case against the person accused of possessing a buttondar knife. Setting aside the High Court's decision, Mehta J. in the judgment observed that "the notification whereby, a buttondar knife having blade dimensions …

Supreme Court Monthly Round-up: November 2024
3 months, 2 weeks ago

Supreme Court Monthly Round-up: November 2024

Live Law  

Index Citations Manish Kumar Rai v. Union of India & Ors. Case Details: Nabha Power Ltd and another v. Punjab State Power Corporation Ltd. Citation: 2024 LiveLaw 861 The Supreme Court held that a press release issued by the Government of India about certain changes in the mega power policy did not constitute 'law' and 'change in law' in terms …

Madras High Court Weekly Round-Up: November 11 - November 17, 2024
4 months ago

Madras High Court Weekly Round-Up: November 11 - November 17, 2024

Live Law  

Citations: 2024 LiveLaw 431 To 2024 LiveLaw 446 NOMINAL INDEX Union of India v Abdul Razak and Others, 2024 LiveLaw 431 M Samudi v The District Collector and Others, 2024 LiveLaw 432 Union of India v. C.V.L. Ltd, 2024 LiveLaw 435 The Triplicane Permanent Fund Ltd. v. The Tamil Nadu Sales Tax Appellate Tribunal, 2024 LiveLaw 436 Nalin Gupta v. …

High Court Rejects Plea to Dismiss Murder Case, Says Prosecution Must Follow Due Process
4 months, 2 weeks ago

High Court Rejects Plea to Dismiss Murder Case, Says Prosecution Must Follow Due Process

Live Law  

The Karnataka High Court has ruled that a complaint for an offence punishable under Section 138 of the Negotiable Instruments Act would be maintainable, notwithstanding the civil suit filed for recovery of the money. The court also held that initiating prosecution under Section 304-A (causing death by negligence) of the Indian Penal Code, against the owners/manager of a factory is …

Madras High Court Weekly Round-Up: August 5 to August 11, 2024
7 months, 1 week ago

Madras High Court Weekly Round-Up: August 5 to August 11, 2024

Live Law  

Citations: 2024 LiveLaw 299 To 2024 LiveLaw 306 NOMINAL INDEX M Kathirvel v The Inspector General of Registration, 2024 LiveLaw 299 Kompress India Private Limited Versus Union of India, 2024 LiveLaw 300 NT Stalin Barathi v The District Collector, 2024 LiveLaw 301 P.Sibiga Dharshini v The District Collector and Another, 2024 LiveLaw 302 Suo Motu RC v Additional Superintendent of …

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024
8 months, 3 weeks ago

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024

Live Law  

Nominal Index: State Vs Raj Kumar 2024 LiveLaw 166 Yunius Hussain Vs UT of J&K 2024 LiveLaw 167 Manzoor Hussain Vs UT Of J&K 2024 LiveLaw 168 ABDUL ROUF SHAH Vs ATIQA HASSAN & OTHERS 2024 LiveLaw 169 Vinod Kumar Vs Somi Devi 2024 LiveLaw 170 Sunil Kumar Vs Department of Agriculture J&K 2024 LiveLaw 171 NAZIR AHMAD DAR & …

Gujarat High Court Weekly Roundup: May 20 - May 26, 2024
9 months, 3 weeks ago

Gujarat High Court Weekly Roundup: May 20 - May 26, 2024

Live Law  

Nominal Index Deputy Collector & Anr. Vs Union of India & Ors 2024 LiveLaw 70 Dipen Champaklal Shah Vs State of Gujarat 2024 LiveLaw 71 Black Stone Corporation Private Limited Vs State Of Gujarat & Ors 2024 LiveLaw 72 Judgments/Orders Stamp Authorities Cannot Levy Duty Twice On The Same Sale Consideration For Transfer Of An Immovable Property: Gujarat High Court …

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court
9 months, 3 weeks ago

Absence Of Prior Sanction U/s 197 CrPC Renders Cognizance For Offences U/s 323 & 504 IPC By Magistrate For Initiating Criminal Prosecution Of Public Servant, Non-Est: Rajasthan High Court

Live Law  

Finding that the entire series of events have nexus with each other and the action of petitioner was done in discharge of his official duties, the Rajasthan High Court held that the cognizance for offences under Sections 323 and 504 IPC, taken by the Judicial Magistrate against a public servant, posted as Station House Officer, is unsustainable in law, in …

Gujarat High Court Weekly Roundup: May 6 - May 12, 2024
10 months, 1 week ago

Gujarat High Court Weekly Roundup: May 6 - May 12, 2024

Live Law  

Nominal Index Executive Engineer - Uttar Gujarat Vij Company Ltd Versus Patel Rasikbhai Rangabhai & Anr. 2024 LiveLaw 63 Kamlesh Jivanlal Dave and Others v. State of Gujarat and Others 2024 LiveLaw 64 Rajkot Municipal Corporation Versus Rajeshbhai Ramjibhai Purabiya 2024 LiveLaw 65 Judgments/Orders ID Act When Charges Of Serious Nature Are Not Proved And Punishment Is Disproportionate, Labour Court …

High Court's Jurisdiction Under Article 226 Of Constitution Much Beyond Confines Of Mere Administrative & Executive Review: J&K High Court
10 months, 1 week ago

High Court's Jurisdiction Under Article 226 Of Constitution Much Beyond Confines Of Mere Administrative & Executive Review: J&K High Court

Live Law  

Underscoring the expansive jurisdiction of Article 226 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has ruled that the jurisdiction granted to Courts under the said Article is not restricted only to the review of the administrative actions and executive decisions of the State in the light of the extended applicability of the "doctrine of …

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]
10 months, 1 week ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]

Live Law  

SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 Citations 2024 LiveLaw 269 to 2024 LiveLaw 290 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Pankaj Singh v. State of Haryana, 2024 LiveLaw 274 Criminal procedure Code 1973; Section 439 and National Investigation Agency Act, 2008; Section 21 …

Gujarat High Court Weekly Round-Up: April 29 - May 5, 2024
10 months, 2 weeks ago

Gujarat High Court Weekly Round-Up: April 29 - May 5, 2024

Live Law  

Nominal Index Gujarat Water Supply & Sewerage Board v. Man Industries Ltd 2024 LiveLaw 53 MOHAMAD IMRAN SHAIKH Versus STATE OF GUJARAT 2024 LiveLaw 54 Director General R.P.F & Ors. 2024 LiveLaw 58 Shalibhadra Adinath Enterprise and Shalibhadra Apartment Through Member Versus Kanan Maruday Padaram 2024 LiveLaw 59 Judgments/Orders Under Section 33 Of The A&C Act, The Arbitrator Can Interpret …

Gujarat High Court Weekly Round-Up: April 22 - April 28, 2024
10 months, 3 weeks ago

Gujarat High Court Weekly Round-Up: April 22 - April 28, 2024

Live Law  

Nominal Index Shiv Crackers Vs Chief Commissioner of CGST & C.E. 2024 LiveLaw 50 M/s Ghakun Steels Pvt Ltd v. State of Gujarat 2024 LiveLaw 51 The Principal Commissioner Central Gst And Central Excise Versus M/S Nayara Energy Ltd. 2024 LiveLaw 52 Judgments/Orders 'Payment Of Pre- Deposit Can Be Made By Utilizing The Electronic Credit Ledger': Gujarat High Court Reiterates …

The Complete Supreme Court Annual Digest- 2023 [Part-IX]
11 months ago

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

Live Law  

CRZ Notification CRZ Notification 2011: Storage facility for edible oil not allowed outside port area; Supreme Court affirms quashing of post-facto clearance. High Court Bar Association v. Union of India, 2023 LiveLaw 276 : 2 SCC 536 Supreme Court affirms mandatory e-filing in DRTs & DRATs, says other courts should replicate it. Subhash Desai v. Principal Secretary, Governor of Maharashtra, …

Jharkhand High Court Weekly Roundup: March 18 - March 24, 2024
11 months, 3 weeks ago

Jharkhand High Court Weekly Roundup: March 18 - March 24, 2024

Live Law  

Nominal Index Binod Kumar Mishra vs The State of Jharkhand 2024 LiveLaw 44 Sachindra Singh @ Sacha @ Sachchi Singh Versus The State of Jharkhand 2024 LiveLaw 45 Julekha Khatoon v. The State Of Jharkhand 2024 LiveLaw 46 Sudhir Narayan vs. the State of Jharkhand 2024 LiveLaw 47 Md. The State of Jharkhand 2024 LiveLaw 50 Rahul Gandhi vs The …

Indirect Tax Cases Weekly Round-Up: 17 To 23 March 2024
11 months, 3 weeks ago

Indirect Tax Cases Weekly Round-Up: 17 To 23 March 2024

Live Law  

Supreme Court Case Title: M/s Global Technologies and Research versus Principal Commissioner of Customs, New Delhi Citation : 2024 LiveLaw 239 Recently, the Supreme Court held that under the Customs Act, the Importer's Bill of Entry of subsequent imported goods can be discarded if the subsequent imported goods are undervalued to the previously imported identical or similar goods. Allahabad High …

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old
1 year ago

Madras High Court Removes Observation In Judgment That Origin Of Caste System Is Less Than A Century Old

Live Law  

The Madras High court has now removed the remarks made about the origin of caste system from its recent judgement in the pleas challenging the continuation of office of Minister Udayanidhi Stalin, Minister Sekar Babu and MP A Raja. In the judgment uploaded on March 6th, Justice Anita Sumanth had observed as under, "This Court agrees unequivocally that there are …

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 12 to 18]
1 year ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [February 12 to 18]

Live Law  

Administrative Law Recruitment - Reserved Female Category - Non-Creamy Layer - The Appellant i.e., a candidate who was scrupulously following the terms and conditions of the Impugned Acquittal Appeal from acquittal – Principles of deciding – Appreciation of evidence is the core element of a criminal trial and such appreciation must be comprehensive i.e. Directorate of Enforcement v. Niraj Tyagi, …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

Job Predominant Source Of Livelihood, Snatching It Away Offends Fundamental Right To Life: Karnataka High Court On Dismissal Sans Inquiry
1 year, 2 months ago

Job Predominant Source Of Livelihood, Snatching It Away Offends Fundamental Right To Life: Karnataka High Court On Dismissal Sans Inquiry

Live Law  

The Karnataka High Court has said that Grama Panchayat cannot dismiss an employee only if a criminal case is registered against him. A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit dismissed the appeal filed by Attikaribettu Grama Panchayath challenging a Single Judge's order whereby one Ganesha's dismissal from service was set aside with a …

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]
1 year, 2 months ago

Karnataka High Court Weekly Round-Up: [January 2 To January 7, 2024]

Live Law  

Citations: 2024 LiveLaw 01 To 2024 LiveLaw 09 Nominal Index: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka. 2024 LiveLaw 9 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. I …

Madras High Court Weekly Round-Up: December 25 to December 31, 2023
1 year, 2 months ago

Madras High Court Weekly Round-Up: December 25 to December 31, 2023

Live Law  

A weekly round-up of important cases from the Madras High Court Citations: 2023 LiveLaw 407 To 2023 LiveLaw 413 NOMINAL INDEX Pandiarajan C v The District Collector and Others, 2023 LiveLaw 407 University of Madras v Dr. UT Manisundar and others, 2023 LiveLaw 408 M/s.Cognizant Technology Versus Assistant Commissioner of Income Tax, 2023 LiveLaw 409 PK Mukmuthu Sha v PS …

S.205 CrPC | Provision For Exemption From Personal Appearance Meant To Avoid Undue Harassment Of Accused: Jharkhand High Court
1 year, 3 months ago

S.205 CrPC | Provision For Exemption From Personal Appearance Meant To Avoid Undue Harassment Of Accused: Jharkhand High Court

Live Law  

The Jharkhand High Court has noted that the intention behind the exemption from personal appearance of accused, as outlined in Section 205 of the Criminal Procedure Code, is to ensure that accused individuals are not subjected to unnecessary harassment and that the complainant does not suffer any undue prejudice. Justice Sanjay Kumar Dwivedi observed, “The purpose of exemption under Section …

Gujarat High Court Refuses To Discharge Former IAS Officer Pradeep Sharma In Land Allotment Case
1 year, 4 months ago

Gujarat High Court Refuses To Discharge Former IAS Officer Pradeep Sharma In Land Allotment Case

Live Law  

The Gujarat High Court refused to exonerate former IAS officer Pradeep Nirankarnath Sharma in a land allotment case, asserting that a prima facie offence existed against him, the trial was in progress with the presentation of evidence, and therefore, it was not appropriate to intervene in the lower courts' orders. The Revisional Court partially granted his appeal, discharging him from …

Gujarat High Court Weekly Round-Up: October 16 - October 22, 2023
1 year, 4 months ago

Gujarat High Court Weekly Round-Up: October 16 - October 22, 2023

Live Law  

Judgements/Orders This Week Court Cannot Force Medical Tests To Ascertain Mental Stability Of Corpus: Gujarat High Court Case Title: Padmaben Rajendrabhai Vyas Versus State Of Gujarat LL Citation: 2023 LiveLaw 165 The Gujarat High Court, in a significant dissenting opinion from a previous order issued by the Coordinate Bench, has ruled that individuals under a Habeas Corpus petition cannot be …

Jharkhand High Court Weekly Round-Up: October 8 To October 15, 2023
1 year, 5 months ago

Jharkhand High Court Weekly Round-Up: October 8 To October 15, 2023

Live Law  

Nominal Index Pratul Shahdeo @ Pratul Nath Shahdev vs. Versus Central Coalfields Limited 2023 Livelaw 59 Judgements/Orders This Week ‘Ingredients Of SC/ST Act Absent’: Jharkhand High Court Quashes FIR And Criminal Proceedings Against BJP Leader Pratul Shahdeo Case Title: Pratul Shahdeo @ Pratul Nath Shahdev vs. Former Ranchi Deputy Commissioner's Bail Plea Rejected By Jharkhand High Court In Army Land …

Patna High Court Weekly Round-Up: September 25 To October 01, 2023
1 year, 5 months ago

Patna High Court Weekly Round-Up: September 25 To October 01, 2023

Live Law  

Nominal Index Prushotam Yadav @ Chotu Vs. The Union of India 2023 LiveLaw 117 Rohitash Kumar Vs The State of Bihar 2023 LiveLaw 118 Judgements/Orders This Week Order Of Sessions Judge To Transfer Case Not Appealable U/S 407 CrPC: Patna High Court Case Title: Prushotam Yadav @ Chotu Vs. S.34 POCSO Act Mandatory, Trial Court Bound To Determine Victim's Age …

Gujarat High Court Weekly Round-Up: September 25 To October 01, 2023
1 year, 5 months ago

Gujarat High Court Weekly Round-Up: September 25 To October 01, 2023

Live Law  

Nominal Index Rajan Ankleshwaria v. Vinni Ankleshwaria 2023 LiveLaw 155 Krinaben W/O Tushar Suryakant Trivedi Versus N P Garasiya, Police Sub Inspector, Special Investigation Team 2023 Livelaw 156 Nipun Praveen Singhvi Versus State Of Gujarat 2023 Livelaw 157 Kutubuddin Ansari Versus State Of Gujarat 2023 Livelaw 158 Bhavesh Kamleshbhai Patel Versus Commissioner, Municipality Administration 2023 Livelaw 159 LL Citation: 2023 …

Supreme Court Monthly Digest June 2023
1 year, 5 months ago

Supreme Court Monthly Digest June 2023

Live Law  

SUBJECT WISE INDEX Advocate Bar Council of India can prescribe that only graduates from recognized law colleges can enrol as advocates. Mamta Devi v. Reliance General Insurance Company Ltd., 2023 LiveLaw 486 STATUTE WISE INDEX Advocates Act, 1961 - Bar Council of India can prescribe that only graduates from recognized law colleges can enrol as advocates. Coal India Ltd v. …

Jammu & Kashmir And Ladakh High Court Weekly Roundup: August 14 - August 20, 2023
1 year, 7 months ago

Jammu & Kashmir And Ladakh High Court Weekly Roundup: August 14 - August 20, 2023

Live Law  

Nominal Index: MANAGING DIRECTOR JK HANDICRAFTS Vs AGA SYED MUSTAFA & ANR 2023 LiveLaw 215 Aamir Javid Waza and ors. Vs Gousia Jan and Ors 2023 LiveLaw 216 MOHAMMAD ASHRAF RESHI Vs STATE OF J&K 2023 LiveLaw 217 Abdul Rashid Dar and others Vs Ghulam Qadir Dar and others 2023 LiveLaw 218 Inder Jeet Singh Vs ICICI Lombard and another …

Gujarat High Court Weekly Round-Up: August 07 To August 13
1 year, 7 months ago

Gujarat High Court Weekly Round-Up: August 07 To August 13

Live Law  

Nominal Index Mihir Surendrabhai Shah Versus State Of Gujarat & 2 Other 2023 LiveLaw 129 M/s FTA HSRP Solutions Pvt. Ltd. vs Union Of India 2023 Livelaw 130 Birju Salla @ Amar Soni S/O Kishor Salla Vs. State Of Gujarat And Another 2023 LiveLaw 131 Anokhi Realty Private Limited vs. Income Tax Officer 2023 LiveLaw 132 Judgements/Orders This Week Trade …

Tax Cases Weekly Round-Up: 6 August To 12 August, 2023
1 year, 7 months ago

Tax Cases Weekly Round-Up: 6 August To 12 August, 2023

Live Law  

Delhi High Court Case Title: PCIT Versus M/S Eltek Sgs Pvt. Case Title: Anokhi Realty Private Limited vs. Income Tax Officer 2023 LiveLaw 132 Case Citation: 2023 LiveLaw 132 The Gujarat High Court has quashed the income tax reassessment notice against a non-existent entity. Case Title: Commissioner Of Income Tax Versus Star Rays The Gujarat High Court has held that …

Gujarat High Court Half Yearly Digest: January To June 2023 [Citations 1 - 109]
1 year, 7 months ago

Gujarat High Court Half Yearly Digest: January To June 2023 [Citations 1 - 109]

Live Law  

Citations 2023 LiveLaw 1 to 2023 LiveLaw 109 NOMINAL INDEX Perfect Importers and Distributors Pvt. RTI | Personal Info Not Serving Public Interest Can't Be Disclosed: Gujarat HC Tells Judicial Officer Who Sought Transfer Communications Of Other Officers Case Title: High Court of Gujarat v. Gujarat Information Commission and 1 other Case Citation: 2023 Livelaw 12 Allowing a petition preferred …

Gujarat High Court Dismisses Plea Seeking Implementation Of District Education Officer’s Order To School For Refund Of Additional Fees
1 year, 7 months ago

Gujarat High Court Dismisses Plea Seeking Implementation Of District Education Officer’s Order To School For Refund Of Additional Fees

Live Law  

The Gujarat High Court has dismissed a plea seeking directions for implementation of a District Education Officer's order for refund of the fees additionally charged from the students by a school Justice Nikhil S. Kariel said though the order may have been passed upon a complaint filed by the petitioner but he is is not a person who could be …

Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court
1 year, 8 months ago

Person Summoned Under Sec 69 CGST Act Cannot Seek Anticipatory Bail Under S 438 CrPC; Only Remedy Is Under Art 226 : Supreme Court

Live Law  

The Supreme Court on Monday held that if a person is summoned under Section 69 of the CGST Act, 2017 for the purpose of recording of his/her statement, the provision of Section 438 of Criminal Procedure Code, 1973 cannot be invoked.A division bench of Justice J B Pardiwala and Justice Prashant Kumar Mishra observed: “Thus, the position of law is …

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC
1 year, 10 months ago

Recent Important Judgments On The Inherent Powers Of High Court Under Section 482 CrPC

Live Law  

“In the exercise of this wholesome power, the High Court is entitled to quash a proceeding if it comes to the conclusion that allowing the proceeding to continue would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed. The Supreme Court held that even when the …

21% Posts In Police Department Vacant: Gujarat Govt Informs High Court
1 year, 10 months ago

21% Posts In Police Department Vacant: Gujarat Govt Informs High Court

Live Law  

The Gujarat government has informed the High Court that 21.3 percent of total posts in the Police Department are vacant and it is taking appropriate steps to fill up the same. The division bench of the Acting Chief Justice A. J. Desai and Justice Biren Vaishnav was hearing a Suo Motu PIL which was initiated as per the directions issued …

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