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Posts Archive
Draconian Provisions Of NDPS Act Misused: Calcutta High Court Orders Mandatory Videography Of Recovery Procedure
https://www.livelaw.in/news-updates/ndps-act-draconian-misused-calcutta-high-court-mandatory-videography-of-recovery-202185
How The President Of India Is Elected?
https://www.livelaw.in/know-the-law/explainer-how-the-president-of-india-is-elected-202038?infinitescroll=1
Kerala High Court Grants
Anticipatory Bail To Actor-Producer Vijay Babu
In Rape Case Subject To Conditions
The Kerala High Court on Wednesday granted pre-arrest bail subject to conditions to
Malayalam actor-producer Vijay Babu's plea in the case where an actress accused him of
sexually exploiting her.
Justice Bechu Kurian Thomas allowed the anticipatory bail plea with a condition that
limited custody of the actor shall be available to the investigating officer.
The following conditions have also been imposed on the actor:
1 The petitioner can be interrogated for the next seven days, i.e, from 27/6 to 3/7 from
9 am to 7 pm every day.
2 The petitioner shall be deemed to be under custody during the aforesaid period for
facilitating requirements of the investigation
3 If Investigating Officer intends to arrest the petitioner, then he shall be released on
bail on executing a bond for Rs. 5 lakhs with two solvent sureties each with the like
sum.
In the wake of the political crisis unfolding in Maharashtra, certain remarks made by the
Supreme Court regarding the emerging trend of poaching of legislators and engineering
of rebellion to destabilize elected governments assume relevance.
The Court's remarks came in the cases related to Karnataka and Madhya Pradesh, which
witnessed scenes of a group of MLAs within the ruling coalition announcing a sudden
rebellion, followed by the rebel MLAs remaining incommunicado and confining
themselves in locations (often resorts) in other states and the government collapsing
after falling short of required numbers. Similar scenes are playing in Maharashtra as well,
with the rebel leader Eknath Shinde and his supporters remaining untraceable before
being found in Gujarat. During the wee hours of today, the rebel MLAs were taken to
Assam by flight.
The Central Government has notified the transfer of Justice Satish Chandra Sharma as
the new Chief Justice of the Delhi High Court. Justice Sharma has been serving as the
Chief Justice of the Telangana High Court.
Magistrate Can't Refer Defamation Complaint To Police For Investigation U/S 156(3) CrPC Even If Other Offences Are Also Alleged: Karnataka High Court
The Karnataka High Court has said the bar under Section 199 CrPC on a Magistrate from exercising powers under section 156(3) of the Criminal Procedure Code (CrPC) on a complaint involving offences punishable under Section 500 of the Indian Penal Code, would be applicable even in cases where offences are alleged for other offences in addition with Section 500 of the IPC.
Section 199 stipulates that no Court shall take cognizance of an offence punishable under Chapter XXI (Defamation) of IPC except upon a "complaint" made by some person aggrieved by the offence.
Magistrate Must Afford Opportunity Of Hearing & Record His Satisfaction About Alleged "Nuisance" Before Passing Order U/S 133 CrPC: Karnataka HC
The Karnataka High Court has said that the power under Sections 133, 138 and 139 of CrPC to prevent public nuisance has to be exercised by affording sufficient opportunities to the parties and to record evidence and to arrive at a legal finding that the action of the person has resulted in nuisance to the general public at large.
A single judge bench of Justice V. Srishananda made the observation while allowing the petition filed by Achut D. Nayak and others challenging the order passed by the Sub-Divisional Magistrate, directing closure of the poultry farm on grounds of causing public nuisance. The order was confirmed by the Additional District and Sessions Judge.
Supreme Court Grants Relief To Student With Learning Disability; Declares She Passed Masters In Design Invoking Article 142
The Supreme Court recently granted relief to a student suffering from a learning disability named "Dyscalculia" by declaring that she has completed the Masters of Design course in the Indian Institute of Technology.
A bench comprising Justices Uday Umesh Lalit, S Ravindra Bhat and PS Narasimha invoked the extraordinary powers under Article 142 of the Constitution to grant relief to the candidate. The candidate had earlier approached the High Court of Bombay in 2013 seeking a direction to admit her to the Masters of Design course in IIT. The petitioner's case before the High Court was that she has passed the entrance exam based on the qualifying marks for physical disability category.
She was given special privileges for Class X, XII and also the Bachelor Degree in Product Design as a person with learning disability.
