23 January 2023


News

SC: Criminal Law Not for Money Recovery - 20.01.2023

Supreme Court while observing that recovery of money is essentially within the realm of civil proceedings, has held that there is no justification in adopting a course that for the purpose of being given the concession of pre-arrest bail, the person apprehending arrest ought to make payment.

Tags : Supreme Court Money Recovery Pre-Arrest Bail

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SC: Punishment by Disciplinary Authority Can be Interfered With Only if Grossly Disproportionate - 20.01.2023

Supreme Court has held that power of judicial review can be exercised by the Court against punishment imposed by disciplinary authority, only if it is 'strikingly disproportionate'.

Tags : Supreme Court Disciplinary Authority Punishment Disproportionate

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Ker. HC: Can’t Seek Return of Plaint & Refund of Court Fees After Dismissal of Suit - 20.01.2023

Kerala High Court has held that petitioner can’t pray for return of the plaint and court fee as the said course is untenable and impermissible in law, mainly because the petitioner has consciously paid the balance court fee, participated in the trial and has suffered a decree.

Tags : Kerala High Court Court Fees Return Dismissal

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SC: Chargesheet Not a Public Document - 20.01.2023

Supreme Court while observing that Chargesheets are not public documents has held that investigating agencies can’t be directed to upload chargesheets in a public platform for easy access by the general public.

Tags : Supreme Court Chargeshets Public Document

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Delhi HC: Award of Cost Not Containing Reasons is Arbitrary - 19.01.2023

Delhi High Court has held that awarding costs by a stroke of the pen, without stating reasons would fly in the face of section 31(3) as per which an arbitral award shall state the reasons on which it is based, apart from being opposed to well accepted canons of fairness and justice.

Tags : Delhi High Court Cost Arbitrary Reason

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Kar. HC: Individual Role of Each Accused Can’t Be Considered in Bail Application - 19.01.2023

Karnataka High Court has held that individual role of accused can’t be considered while deciding bail application filed by accused who was part of an unlawful assembly and allegedly committed the offence in pursuance of a common object.

Tags : Karnataka High Court Bail Common Object

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Delhi Court: Journalists Not Exempted from Disclosing Their Sources - 19.01.2023

Delhi Court has held that there is no statutory exemption to journalists from disclosing their sources to investigating agencies, especially if such disclosure is necessary for aiding and assisting in investigation of a criminal case.

Tags : Delhi Court Journalists Sources

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Delhi HC: Not Allowing Student to Exams on Ground of Arrear of Fees is Violative of Article 21 - 19.01.2023

Delhi High Court while observing that child’s future can’t be allowed to be spoiled and blemished by barring him from taking exam, has held that barring a student from taking exam on ground of non-payment of fees would be infringement of rights guaranteed under Article 21 of Constitution.

Tags : Delhi High Court Article 21 Exam Fees

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P&H HC: Person Can Raise Plea of Juvenility Even After Conviction - 18.01.2023

Punjab and Haryana High Court has held that plea of juvenility can be raised by a person even after his conviction and sentence, as per which plea, the authorities shall be bound to conduct an age determination inquiry.

Tags : Punjab and Haryana High Court Juvenility Conviction

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SC: Joining Force After Suppressing Criminal Cases is a Grave Misconduct - 18.01.2023

Supreme Court while observing that entering service of disciplined force like CISF by suppressing criminal cases is a gross misconduct, has held that power of judicial review against the orders of departmental enquiry committee is only limited to ensuring that individual receives fair treatment.

Tags : Supreme Court CISF Misconduct

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