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Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court
6 days, 20 hours ago

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

Live Law  

Observing that the principle of res judicata is not strictly applicable to the criminal proceedings, the Supreme Court recently ruled that the dismissal of a previous petition does not preclude the filing of a subsequent petition under Section 482 of the Cr.P.C if it is prompted by a change in the law. The bench comprising Justice Dipankar Datta and Justice …

Law High Court Court High Appellants Petition Dismissed
Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court
Trending News
6 days, 20 hours ago

Dismissal Of Earlier S.482 CrPC Petition Doesn't Bar Subsequent Petition Filed Due To Change In Law : Supreme Court

Live Law  

Observing that the principle of res judicata is not strictly applicable to the criminal proceedings, the Supreme Court recently ruled that the dismissal of a previous petition does not preclude the filing of a subsequent petition under Section 482 of the Cr.P.C if it is prompted by a change in the law. The bench comprising Justice Dipankar Datta and Justice …

Law High Court Court Res Judicata High Appellants Supreme
Govts Engaging Temporary Workers For Long Periods Unfair; 'Uma Devi' Judgment Being Misapplied Against Long-Serving Workers : Supreme Court
2 weeks, 6 days ago

Govts Engaging Temporary Workers For Long Periods Unfair; 'Uma Devi' Judgment Being Misapplied Against Long-Serving Workers : Supreme Court

Live Law  

The Supreme Court has criticised the practice of government institutions engaging workers on a temporary basis for a prolonged period, which results in the infringement of various labour rights. While allowing the regularisation of certain workers who were employed on a temporary basis for about 14-20 years by the Central Water Commission, a bench comprising Justice Vikram Nath and Prasanna …

Judgment Court Employees Workers Appellants Cat Temporary
Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case
1 month, 3 weeks ago

Rajasthan HC clears accused of charges under SC/ST Act in 2011 ‘casteist slurs’ case

Hindustan Times  

The Rajasthan high court on Tuesday dismissed charges under the Scheduled Castes and Scheduled Tribes Act, 1989, against four individuals accused of using derogatory language toward public officials during an encroachment inspection in Jaisalmer. Justice Birendra Kumar observed that the alleged terms used — ‘bhangi’, ‘neech’, ‘bhikhari’ and ‘mangani’ — were not casteist slurs and therefore did not meet the …

Rajasthan Court Caste Charges Public Act
Absence Of Motive Becomes Less Significant When Prosecution Relies On Strong Eyewitness Account: J&K High Court
7 months, 2 weeks ago

Absence Of Motive Becomes Less Significant When Prosecution Relies On Strong Eyewitness Account: J&K High Court

Live Law  

Underscoring the principle that the absence of a proven motive can be inconsequential if the eyewitness testimony is credible the Jammu and Kashmir and Ladakh High Court has clarified that the absence of motive becomes less significant when the prosecution relies on a strong eyewitness account. Meticulously examining the prosecution's evidence the bench noted several critical shortcomings key among these …

High Court Prosecution Witness Testimony Sho Ahmed Eyewitness Dhar
TNREAT : If The Sale Agreement Stipulates Interest On Corpus Fund, Promoter Must Pay It, Whether They Earned Any Interest Or Not .
9 months, 3 weeks ago

TNREAT : If The Sale Agreement Stipulates Interest On Corpus Fund, Promoter Must Pay It, Whether They Earned Any Interest Or Not .

Live Law  

The Tamil Nadu Real Estate Appellate Tribunal bench, comprising of Justice M. Duraiswamy and R. Padmanabhan, has held that if the sale agreement stipulates that the promoter will earn interest on the corpus fund, then the promoter is liable to pay interest on the corpus fund, regardless of whether they actually earned any interest from it. The appellant filed an …

Appeal Maintenance Interest Tribunal Fund Rera Promoter
Clothes Torn During Free Fight Not Necessarily Offence Of 'Outraging Modesty' U/S 354 IPC: Jharkhand High Court
11 months, 3 weeks ago

Clothes Torn During Free Fight Not Necessarily Offence Of 'Outraging Modesty' U/S 354 IPC: Jharkhand High Court

Live Law  

The Jharkhand High Court, in acquitting an accused under Section 354 IPC, has noted that the mere tearing of clothing during a spontaneous altercation does not necessarily constitute an offence of outraging a woman's modesty. Justice Gautam Kumar Choudhary observed, “For offence under Section 354 IPC, intention to outrage modesty of a woman, is the fundamental ingredient. If in a …

Counsel Court Ipc Appellants Act Offence Modesty
No Apprehension Of Arrest, 41A CrPC Notice Issued: Madhya Pradesh High Court Denies Anticipatory Bail, Directs Cooperation In Investigation
1 year ago

No Apprehension Of Arrest, 41A CrPC Notice Issued: Madhya Pradesh High Court Denies Anticipatory Bail, Directs Cooperation In Investigation

Live Law  

Noting that the appellants who sought anticipatory bail had been given notice under Section 41-A CrPC, the Madhya Pradesh High Court observed that there was no necessity to grant the relief of anticipatory bail. The single-judge bench of Justice Vishal Dhagat noted that the accused have already received Section 41-A CrPC notice from the investigating officer and a direction to …

Investigation Court Appellants Madhya Pradesh Crpc Section 41
Bombay High Court Refuses Stay on Release of The Railway Men
1 year, 1 month ago

Bombay High Court Refuses Stay on Release of The Railway Men

Deccan Chronicle  

In a recent development, the Bombay High Court, through a vacation bench headed by single judge Justice **Arif Doctor**, has declined to stay the release of the Hindi web series "The Railway Men - The Untold Story of Bhopal 1984," scheduled for November 18, 2023. The High Court rejected this argument, emphasizing that the web series's release was announced by …

Series Mumbai Court Railway Men
Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court
1 year, 3 months ago

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court

Live Law  

The Telangana High Court has held that a mother cannot legally relinquish the property rights on behalf of her minor children in light of the amendments to the Hindu Succession Act, 2005 which granted daughters equal rights to sons in ancestral property, strengthening their claim to a share in such properties. Justice P. Sree Sudha held that the mother's purported …

Property Court Rights Mother Share Appellants Respondent
High Court Slams Kolkata Municipal Corporation For Engaging Contractual Employees To Permanent Posts, Restrains Their Termination As One Time Measure
1 year, 6 months ago

High Court Slams Kolkata Municipal Corporation For Engaging Contractual Employees To Permanent Posts, Restrains Their Termination As One Time Measure

Live Law  

The Calcutta High Court has pulled up the Kolkata Municipal Corporation for its practice of engaging contractual workers to carry out the tasks of permanent employees against the settled position of law in various rules of recruitment, as well as precedents laid down by the Supreme Court from time to time. However, we direct that the present services of the …

Court Workers Contractual Appellants Supreme Corporation Municipal
NGT Dismisses Film Studio's Appeal Against MCZMA Order Declining Extension Of Temporary Sets For Shooting
1 year, 9 months ago

NGT Dismisses Film Studio's Appeal Against MCZMA Order Declining Extension Of Temporary Sets For Shooting

Live Law  

The Western Zone bench of the National Green Tribunal has rejected the plea made by Balaji Tirupati Cinemas and Expression Studio against the Maharashtra Coastal Zone Management Authority's order of 12.09.2022. Rejecting the appellant’s argument, The bench of Justice Dinesh Kumar Singh, Dr.Vijay Kulkarni said that, “We are not in agreement with this argument because in 159th meeting of MCZMA, …

Structure Order Tribunal Ngt Temporary Permission Mczma
'Remarks During Live-Streaming Have Far Reaching Effects; Be Cautious While Making Adverse Comments' : Supreme Court Advises Judges
1 year, 9 months ago

'Remarks During Live-Streaming Have Far Reaching Effects; Be Cautious While Making Adverse Comments' : Supreme Court Advises Judges

Live Law  

The Supreme Court on Tuesday cautioned judges against passing adverse remarks in court, unless accompanied by a proper justification, in the right forum, and necessary to meet the ends of justice. Before directing the remarks made by the Karnataka High Court against the appellants to be expunged, the apex court bench held: “Remarks passed in court, due to the live …

Justice Supreme Court Court Bail Parties Courts Virtual Hearings
Media Or Govt Agencies Have No Right To Peep Into Private Lives Of Citizens Without Any Valid Reason: Kerala High Court Slams Online Media Channels
1 year, 9 months ago

Media Or Govt Agencies Have No Right To Peep Into Private Lives Of Citizens Without Any Valid Reason: Kerala High Court Slams Online Media Channels

Live Law  

The Kerala High Court recently came down heavily on certain online media channels for broadcasting private moments of a woman and said it is disheartening to note that some online news channels "are in the habit of publishing sleaze more than news. The Kerala High Court recently came down heavily on certain online media channels for broadcasting private moments of …

Media Publishing Court Kerala High Court Content State Appellants
43 policemen convicted for killing 10 Sikhs in 1991
2 years ago

43 policemen convicted for killing 10 Sikhs in 1991

The Hindu  

The Allahabad High Court on Thursday convicted 43 policemen for culpable homicide in a case relating to killing of 10 Sikhs in Pilibhit district of Uttar Pradesh in 1991. “When they saw the terrorists come out from the forest area, they challenged them and all of a sudden, the terrorists opened fire and in retaliation and in self-defence, the appellants …

Court Accused Deceased Terrorists 43 Policemen 10 Sikhs
Supreme Court Emphasizes Importance Of Conducting Psychological Evaluation Of Convicts Awarded Death Sentences
2 years, 2 months ago

Supreme Court Emphasizes Importance Of Conducting Psychological Evaluation Of Convicts Awarded Death Sentences

Live Law  

In a recent order, the Supreme Court of India has reiterated the importance of conducting a psychological evaluation of convicts who have been awarded death sentences. "However, we are of the view that the assessment as regards conduct of the accused, if made before the final submissions are advanced, will go a long way in rendering assistance……In series of death …

Death Court Psychological Evaluation Bench Sentence Nashik
GST Proceedings Initiated By Anti Evasion And Range Office For The Same Period Is Not Permissible: Calcutta High Court
2 years, 3 months ago

GST Proceedings Initiated By Anti Evasion And Range Office For The Same Period Is Not Permissible: Calcutta High Court

Live Law  

The Calcutta High Court has held that since the audit proceedings under Section 65 of the CGST Act have already commenced, it is appropriate that the proceedings should be taken to their logical end. The proceedings initiated by the Anti-Evasion and Range Office for the same period will not be continued.The division bench of Justice T.S. In the meantime, the …

Appellants Period Department Proceedings Gst Calcutta High Court Three Wings
Writ Maintainable Against An Award Passed By Statutory Arbitrator Violating The Principles Of Natural Justice: Calcutta High Court
2 years, 3 months ago

Writ Maintainable Against An Award Passed By Statutory Arbitrator Violating The Principles Of Natural Justice: Calcutta High Court

Live Law  

The Calcutta High Court has held that an award passed by the statutory arbitrator under the National Highways Act, 1956 where neither the notice of arbitration was served nor the copy of the award was given to the appellants is violative of principles of natural justice. The Bench of Justices Arijit Banerjee and Kausik Chanda held the availability of an …

Justice High Court Court Natural Justice High Appellants Act
Training Can Act As A Distinguishing Factor To Maintain Separate Seniority List In The Same Department: J&K&L High Court
2 years, 4 months ago

Training Can Act As A Distinguishing Factor To Maintain Separate Seniority List In The Same Department: J&K&L High Court

Live Law  

The Jammu and Kashmir and Ladakh High Court recently ruled that ruled that training can act as a distinguishing factor to enable Govt to frame a separate seniority list in the same Department and the Government therefore is well within its rights to frame such rule/principle provided that such principle/rule is reasonable, fair and non-discriminatory. The Government, by making DDR …

Training Writ Seniority Appellants Department List Post
Karnataka Municipalities Act | Contesting Candidates Must Lodge Accounts Of Electoral Expenses With Returning Officer In 30 Days Of Result: High Court
2 years, 7 months ago

Karnataka Municipalities Act | Contesting Candidates Must Lodge Accounts Of Electoral Expenses With Returning Officer In 30 Days Of Result: High Court

Live Law  

The Karnataka High Court has upheld the order of State Election Commission, disqualifying four persons from continuing as the elected members of Municipality over their failure to lodge a true and correct account of electoral expenditure with the Returning Officer within prescribed time.In doing so, a division bench of Chief Justice Ritu Raj Awasthi and Justice Ashok S Kinagi upheld …

Appeal Election Writ Process Appellants 30 Days Karnataka State
Land Acquisition | Right To Property Is A Valuable Right, State Cannot Deny Compensation Merely On The Ground Of Delay: Calcutta HC
2 years, 7 months ago

Land Acquisition | Right To Property Is A Valuable Right, State Cannot Deny Compensation Merely On The Ground Of Delay: Calcutta HC

Live Law  

The Calcutta High Court has recently observed that since the right to property is a valuable right guaranteed under Section Article 300A of the Constitution of India, merely on the ground of delay the State cannot deny its obligation to provide compensation for land acquisition. A Bench comprising Justice Arijit Banerjee and Justice Kausik Chanda was adjudicating upon an appeal …

India Compensation Court Land Acquisition Land Acquisition Right
Wrongful Availment Of ITC: Chhattisgarh High Court Refuses Bail
2 years, 8 months ago

Wrongful Availment Of ITC: Chhattisgarh High Court Refuses Bail

Live Law  

The Chhattisgarh High Court bench headed by Chief Justice Arup Kumar Goswami and Justice Gautam Chourdiya has refused to grant bail to a person allegedly involved in availment of fraudulent Input Tax Credit. The appellants created several fictitious and physically non-existent trading company firms in Chhattisgarh, Jharkhand, Madhya Pradesh, West Bengal and Maharashtra, got them registered in GSTN portal online …

Court Bail Appellants Fir Filed Offence Raipur
'Judge Is Required To Be Dispassionate' : Karnataka HC Advises Trial Judges To Not Get Morally Swayed While Trying Heinous Offences
4 years, 2 months ago

'Judge Is Required To Be Dispassionate' : Karnataka HC Advises Trial Judges To Not Get Morally Swayed While Trying Heinous Offences

Live Law  

A division bench of Justice S Sunil Dutt Yadav and Justice P Krishna Bhat while deciding an appeal filed by two brothers challenging their conviction for charges of murder, said "It is difficult to remain uninfluenced by impressions, passions, inclinations, predilections, tides, currents, events and even what is commonly regarded as "personal baggages" to which the human mind is a …

Justice Evidence Court Case Judge Ipc Appellants
'Register As COVID-19 Warrior & Work In Covid-19 Disaster Management': Madhya Pradesh HC Imposes Bail Condition [Read Order]
4 years, 7 months ago

'Register As COVID-19 Warrior & Work In Covid-19 Disaster Management': Madhya Pradesh HC Imposes Bail Condition [Read Order]

Live Law  

In a first, the Madhya Pradesh High Court on Monday allowed a bail application moved by accused under the SC & ST Act while directing them to register themselves as "COVID-19 Warriors" and work in the "COVID-19 Disaster Management", as per directions of the concerned District Magistrate. Accordingly he imposed the following condition, "The appellants shall register themselves with the …

Disaster Management Court Order Appellants Register District Magistrate District Magistrate Guna