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Showing posts from December, 2020

'General Category Employment in Govt Services open to all Classes', rules Supreme Court, says only condition for candidate is 'Merit'

 The Supreme Court has said the general category vacancies in public employment is open to all including aspirants belonging to reserved categories like other backward classes (OBCs) and Scheduled Castes (SCs) and Scheduled Tribes (STs).  A bench comprising of Justice U U Lalit, Justice Ravindra Bhat and Justice Hrishikesh Roy said that disallowing meritorious candidates of reserved categories to migrate and get selected under general category would amount to “communal reservation". “The principle that candidates belonging to any of the vertical reservation categories are entitled to be selected in “Open or General Category" is well settled. It is also well accepted that if such candidates belonging to reserved categories are entitled to be selected on the basis of their own merit, their selection cannot be counted against the quota reserved for the categories for vertical reservation that they belong," Justice Lalit, who wrote for himself and Justice Roy, said. Justice

'Courts can't interfere if an adult woman marries as per her choice and decides to convert religion', rules Calcutta High Court

 On Monday, the Calcutta High Court passed an order contradicting the recent row of 'Love Jihad' Laws which proposes stringent action against religious conversions upon marriage. The newly emerged legislation has now been a part of discussion for quiet some time- inviting criticism and debates. Social Activists have openly come against the Law while intellects too are finding it faulty.  The Calcutta High Court in its Monday order however reaffirmed that it is not for the Courts to interfere in matter of conversions upon Marriage. The Court said that if an adult woman decides to marry and convert to her choice of religion, Courts don't have a say in it. The Court was dealing with a petition moved by a Father to trace his 'missing' 19-year-old daughter. After she was traced, it was discovered that she married as per her choice and converted to her husband's religion. In her statement given to the Police Officer, she admitted it all happened as per her will and th

Brace for New Evidence Act clauses to tackle Cyber Crime and Dark Web Threats

 The NDA government is considering changes to the Evidence Act to make it easier to deal with cases of cyber crime. The main contention is that when law enforcement agencies have started accepting online complaints then a provision should exist for online submission of evidence also, a senior Home Ministry official said. The Indian Evidence Act framed in 1872 has been amended only once in 2000. An expert group constituted by the Ministry of Home Affairs (MHA) has made a number of recommendations, the foremost being an overhaul of the Act to make it dynamic. Expressing concern over the implications of the crime committed through “dark web,” the committee asked the security agencies to develop a mechanism to monitor it. Rise in cyber crime The committee headed by Dr. Gulshan Rai, National Cyber Security Coordinator, suggested that while there had been a 50 per cent rise in cases of cyber crime in 2014 compared with 2013, the conviction rate had been quite low for want of evidence. Cyber

Court's notice to Raj Thackeray after MNS Workers tear Amazon Posters

  Mumbai's Dindoshi Court has issued notice to Maharashtra Navnirman Sena (MNS) chief Raj Thackeray, directing him to remain present before it on Jan 5. The case pertains to a petition filed by e-commerce giant Amazon before the Court after their posters were allegedly torn by MNS workers as its app doesn't have Marathi language option.  . LEXIS AND COMPANY "ADVOCATES AND LEGAL CONSULTANTS" We are India’s Leading Law Firm “The firm has always strives to create and implement innovative and effective methods of providing cost-effective, quality representation and services for our clients and will continue to meet and exceed the expectations of our valued clients.” –    DR ANUPAM KUMAR MISHRA (ADVOCATE, FOUNDER-LEXIS AND COMPANY). Get in Touch LEXIS AND COMPANY. C/O: DR ANUPAM KUMAR MISHRA. OFFICE: A1B/26, JANAKPURI, GROUND FLOOR, NEW DELHI,, DELHI, 110058. INDIA. lexisandcompany@gmail.com CALL: +91-9830333388.

SC poser to Bar Bodies in Delhi, Why you should be not punished for Contempt for striking work

 September,13,2015: Supreme Court today issued notice to Delhi Bar Association, Delhi High Court Bar Association and Bar Council of India asking why action for contempt of court cannot be taken against lawyers bodies for willful violation of the constitution bench judgment of Supreme Court prohibiting strike by lawyers.Lawyers face Contempt NGO Common Cause filed the Petition through its lawyer Prashant Bhushan. The PIL brought to the court’s notice recent prolonged strike of lawyers in Delhi High Court and all District Courts of Delhi on the tussle for pecuniary jurisdiction. The strike by Delhi Bar Association and High Court Bar Association had paralyzed work in Delhi High Court and subordinate courts in the national capital. Bhushan has sought contempt of court against the two bodies. “We are seeking initiation of contempt proceedings against the respondents for  willfully and deliberately disobeying the explicit direction of this Hon’ble Court issued vide judgment dated 17.12.2002

‘Step-motherly’ treatment to the student is unjust; HC asks NLSIU to promote student denied promotion due to short attendance

 The Karnataka HC in the matter between Dayan Warsi and VC, Registrar NLSIU, allowed a writ petition moved by a student of NLSIU, Bangalore, and asked the university to promote the student who was denied the same due to short attendance. The HC was dejected over the ‘step-motherly’ treatment made out against the petitioner Facts Petitioner, the student of NLSIU, Banglore approached the HC to seek relief against the decision of the university not to promote the student to 4th year due to shortage of attendance. Contention of University The VC and University through its counsel stated that the Academic Examination Regulations(AER) do not admit leniency and such matters should be left to the university alone. Contention of Student It was contended that since the doctor could not sign the medical application six days before the cutoff date the university rendered the contentions of the student of no value. Interference by HCThe HC mainly analyzed three things:- The Court stated that AER 20

Senior Judicial officer died in Court after suffering Heart Attack

 September,20,2015: An Additional District and Sessions Judge posted in Bulandshahr town of Uttar Pradesh died on Friday after suffering a cardiac arrest. Additional District Judge (Ist) Sh. Jagdish Singh was working in his chamber at the District Courts in Bulandshahr when he complained of chest pain and breathlessness. Before his staff could take him to a hospital, the 52-year-old Judge slumped on his chair. Rushed to the District hospital, he was pronounced dead on arrival by the doctors. The district police have ordered a post-mortem examination of the body. The Judges/Magistrates of Lower Judiciary are having stressful job, because of the heavy burden of cases. . LEXIS AND COMPANY "ADVOCATES AND LEGAL CONSULTANTS" We are India’s Leading Law Firm “The firm has always strives to create and implement innovative and effective methods of providing cost-effective, quality representation and services for our clients and will continue to meet and exceed the expectations of our v

HC seeks Dharma's response in Indian Singers Rights Association's plea seeking Royalty for performance in Gunjan Saxena

 The High Court of Delhi has asked Dharma Productions to file a response to the Indian Singers Rights Association's plea seeking royalty for the commercial exploitation of their performance in "Gunjan Saxena- The Kargil Girl." A single-Judge bench of Justice Mukta Gupta issued summons to Karan Johar-owned production house Dharma Productions on the plea filed by Indian Singers Rights Association's suit. The Court listed the matter for further hearing on March 12, 2021. However, the Court deferred passing any order/directions to the defendant to deposit the amount till the next date of hearing. The Court said that "Considering the fact that the rival contentions & the underlying agreements are yet to be considered by this Court, this Court, at this stage, is deferring passing any order/directions to the defendant to deposit the amount till the next date of hearing before which date parties will complete their pleadings". The Court was hearing the Indian Si

SC to decide tomorrow on Contempt Proceedings against Kunal Kamra over his recent tweets on Judges and Judiciary

 On Thursday, the Supreme Court reserved its order on contempt petitions filed against Comedian Kunal Kamra. The petitions against the stand-up comedian were filed by two law students Shrirang Katneshwarkar and Skand Bajpai and a lawyer Abhijudaya Mishra in regard to Kunal's constant tweets regrading Judges and Judiciary- specially the Supreme Court. In latest update, the Comeidan tweeted an objectionable picture dedicating it to the CJI and also allegedly criticized the Judiciary which the Attorney General said were in “bad taste”. Venugopal had last month given his consent for initiating Contempt proceedings against Kamra for his November 18 tweet, saying it was “grossly vulgar and obnoxious” and tended to lower the authority of the Supreme Court. Attorney General K K Venugopal had also said that "it was time people understood that attacking it brazenly will attract punishment." The consent of either the Attorney General or the Solicitor General is necessary, under sect

1984 riots: CBI files closure report in case against Tytler

 The filing of the closure report by the investigating agency was protested by the victim’s counsel, who asked why this was done "secretly". For the third time in a row, the Central Bureau of Investigation (CBI) has filed closure report in a case against senior Congress leader Jagdish Tytler in connection with 1984 anti-Sikh riots in a Delhi court, which issued notice to the victim. The filing of the closure report by the investigating agency was protested by the victim’s counsel, who asked why this was done “secretly”. The CBI said it has conducted further probe in the case, as directed by a sessions court, and filed a closure report in the matter. In April 2013, CBI was directed by a session’s court to further investigate the case as it set aside its earlier closure report. Tytler had earlier got clean-chit twice from the CBI which had closed the case. The latest closure report was filed before Chief Metropolitan Magistrate who marked it to Additional Chief Metropolitan Mag

TRP Manipulation Scam: Court grants bail to Republic TV CEO

 On Wednesday, a Magistrate Court granted bail to Vikas Khanchandani, Chief Executive Officer (CEO) of ARG Outlier Media Pvt. Ltd, - the company that runs Republic TV and its Hindi counterpart Republic Bharat, after his arrest three days ago. Advocate Niranjan Mundargi appearing for the 44-year-old executive told the court that the malice of the Mumbai police is evident from the fact that Khanchandani was taken from his home by the police along with his laptop without informing his family if he is being taken away for questioning or being arrested. Khanchandani’s bail plea stated that the Maharashtra Human Rights Commission had taken note of the manner in which Khanchandani had been arrested and issued a notice to the DCP, Crime Branch seeking a detailed report on the matter. The executive had been arrested by the Mumbai Police on Sunday, a day before his anticipatory bail plea was scheduled to be heard before a sessions court. Along with the pre-arrest bail pleas of Khanchandani, the

Magisterial probe ordered into Chittoor encounter

 Chittoor District Collector Siddharth Jain on Tuesday ordered a magisterial inquiry into the death of 20 red sander smugglers, who were killed in an encounter with the Redsanders Anti-Smuggling Taskforce (RSASTF), 10 km off Srivari Mettu point at the foot of Seshachalam Hills. The District Revenue Officer was instructed to go into the details and proceed with the inquiry. Twenty woodcutters were allegedly killed when they tried to attack the Redsanders Anti-Smuggling Taskforce personnel in the forest with axes and sticks besides hurling stones at them. The incident led to injuries to six armed police personnel, who were rushed to SVIMS Hospital at Tirupati and their condition was said to be out of danger. Deputy Inspector General of Police (RSASTF) M. Kantha Rao told the media persons that the the special task force personnel entered the forests with full reinforcements late on Saturday night. "We had information that over 150 coolies from Tamil Nadu entered the forests guided by

Aditional District Judge’s car pelted with Stones

 An Additional District Judge in Nalanda escaped unhurt when his car was pelted with stones after a collision with a motorbike on Thursday evening. Jaikishore Dubey, the Additional District Judge (ADJ-1) of Hilsa Court, Bihar was returning home after work around 4.30 pm when the motorbike collided head-on with his vehicle near Hilsa Surya Mandir. According to the Police, the bike rider had a scuffle with the driver of the Judge’s vehicle, following which he threw a stone which damaged the rear windshield of the car. Soon, 5 accomplices of the biker joined in & attacked the driver. They reportedly also fired at the car. Confirming the incident, Hilsa SDPO Krishna Murari said the biker threw a stone at the Judge’s vehicle & said that some of the accomplices of the biker misbehaved with the driver. He added that “One of the miscreants fired a shot in the air after the judge had already left the spot. The process of lodging FIR & identifying the miscreants is underway". .

After 7 years, MACT awards ₹1cr to kin in case of Breadwinner's death in Road Crash

 Seven years after a 37-year-old accountant died after being knocked off his bike and run over by a dumper truck at Powai, the Motor Accident Claims Tribunal has granted his family a compensation of around Rs1.1crore. The tribunal said the fact that the dumper truck driver fled the spot without providing medical aid to the victim, Santosh More, showed he was guilty. More had an annual income of ₹3.5 lakh. The compensation was calculated under various heads, including loss of future prospects, losses suffered by family members, hospital and funeral expenses, etc. More’s wife Rupali and two daughters, one of whom was 18 months old at the time of his death, had submitted the claim in September 2013. Santosh’s mother, Madhuri, too, was part of the claim. His father died during its pendency and his name was deleted. The total compensation will have to be paid jointly by the owner of the offending vehicle, Bawa Earth Movers and the insurer, Reliance General Insurance Co Ltd. The tribunal cla

Lawyer Shot Dead on Road in Greater Noida

 On Thursday, a lawyer was shot dead by a man on a road near his home in Greater Noida, with Police suspecting it to be a fallout of a property dispute, officials said. Lawyer Fateh Mohammad Khan lived in Sector 36 & had gone to meet a client when the incident took place around 11 am, they said. Deputy Commissioner of Police, Greater Noida, Rajesh Kumar Singh said that "The lawyer was on a service lane where he had gone to meet his client. He was shot at by a man who had followed him right from his home". Singh said, "The incident appears to be fallout of a rivalry over a property dispute involving the deceased lawyer. We are, although, investigating all possible links in the case". The officer said an FIR has been lodged at the local Beta 2 Police Station following a complaint by the son of the deceased lawyer & a suspect has also been identified. He added that further investigation is underway & the body has been sent for postmortem.  . LEXIS AND COMPA

'Possession of skin of dead Cows, Bullocks not an offence', rules Bombay HC

 Recently, the Nagpur bench of Bombay High Court held that that mere possession of a dead animal’s skin would not amount to an offence under the Maharashtra Animal Preservation Act, 1976, which prohibits slaughtering, importing, exporting and possessing beef. The bench comprising of Justice V. M. Deshpande & Anil S. Kilor noted that there is no prohibition for the possession of skin of dead animals unfer the Act and further noted that even if any circular/notification/order is issued by the state government, prohibiting possession of skin, such circular will not prevail over the provisions of the statute. The Court passed the judgment on December 14  after hearing a plea by one Shafiqullaha Kha, driver of the van allegedly carrying the skin of dead cows. The petitioner sought to quash FIR against him as per section 5A ( prohibition on transportation of cow, bull or bullock from any place within state for purpose of slaughter), 5B ( prohibition on export of cow, bull or bullock with

HC seeks state response on a plea for establishment of Special Courts addressing issue of Human Trafficking

 The Allahabad High Court has asked the State Government of Uttar Pradesh to file its response with in prescribed time limit about the steps taken to establish special Courts for the issues related to human trafficking in State. “We deem it appropriate to have response from the State. Let this petition for writ be listed on 18th January, 2021. The respondent-State in the meanwhile may file a counter affidavit to the petition for writ.” The above direction has passed by the Division Bench of Allahabad High Court Comprising of Chief Justice Govind Mathur and Justice Piyush Agrawal while dealing with the Public Interest Litigation Filed by Guria Swayam Sevi Sansthan, a NGO working for the victims of human trafficking and prostitution in state. This petitioner has approached the court for issuance of an appropriate writ, order or direction for respondents to insure establishment of more special courts in each and every districts of the State of Uttar Pradesh to adjudicate trials under Immo

Astrologer drags Twitter, Facebook and YouTube to Court for Defamation

 A 35-Year-old astrologer filed a civil defamation suit last week in the Bombay High Court against microblogging site Twitter, social media platform Facebook, Yahoo.com/Yahoo India Pvt Ltd and YouTube.com owned by Google, actor Karan Oberoi and multiple media houses. She has claimed damages to the tune of Rs 650 crore from Oberoi, whom she has accused of rape, and 25 others. It is apparently the first time that social media and microblogging sites have been made parties in a defamation suit. She plans to file a Criminal Defamation suit next, said her Advocate. In May 2019, the astrologer had filed a rape case against Oberoi at Oshiwara police station, following which he was arrested. A month later, the Mumbai police arrested the complainant and her advocate, Ali Kaashif Khan Deshmukh, for allegedly orchestrating an attack on herself in Oshiwara. The Astrologer's current counsel, Advocate Mansha Bhatia, told mid-day that 'her client's identity was revealed and her mobile num

HC: Petitioner can approach State authorities for execution of guidelines for protection of Safai Karamcharies and workers

 The Allahabad High Court while disposing the plea filed for the issuance of direction to provide certain facilities and protection to the Safai Karamcharies and workers, keep the petitioner at liberty to approach the competent authorities for the same. The Division bench comprising of Chief Justice Govind Mathur and Justice Piyush Agrawal has refused to pass any direction as demanded in plea. It was stated by the Bench that, “We deem it appropriate to dispose of this petition for writ by keeping the petitioner at liberty to approach the competent authorities of the Government of India as well as the State of Uttar Pradesh for getting protection guidelines executed in accordance with the protocol introduced and the Statute & law, if any, applicable.” The petitioner has submitted that the sanitation of Safai Karamcharies and workers protection from scavengers is necessary because they are required to visit not only colonies in different cities, but also the residential houses wh

District Judge uses Car of booked Person, Suspended

 On Tuesday, the High Court of Uttarakhand placed Dehradun District Judge Prashant Joshi under suspension following charges that he used a private car, against whose owner an FIR is registered, for travelling from Dehradun to Mussoorie to attend a camp Court. The office memorandum released by Registrar General Hira Singh Bonal reads as “Sri Prashant Joshi, District Judge, Dehradun, against whom, disciplinary proceeding is contemplated, with regard to following charges, is put under suspension with immediate effect…” The charges against the District Judge reads that he was supposed to use his official vehicle to attend the camp Court at Mussoorie on Dec 21 & Dec 22, but he travelled from Dehradun in a private vehicle. On the said Audi car, whose owner is Kewal Krishan Soin, official board of District Judge, Dehradun was fitted, which may be intended to protect the owner & the occupants of the car from nefarious activities. The memorandum adds that an FIR under Section 420, 467,

Court sends Ex-BARC CEO Partho Dasgupta to Police custody in alleged TRP Scam

 On Friday, a Magistrate’s Court remanded Partho Dasgupta, an Ex-CEO of the rating agency Broadcast Audience Research Council (BARC), to Police Custody till December 28 in the alleged fake TRP scam. Dasgupta was arrested by the Mumbai crime branch from Pune district on Thursday and produced before the court on Friday. The police sought his remand for further probe, saying his custodial interrogation was required to understand his role in the scam. Dasgupta’s Lawyer Kamlesh Ghumre argued that the offences of cheating and criminal breach of trust for which he has been booked were not made out against him. The probe was harassment and use of pressuring tactics by police, the lawyer alleged. The police sought his remand for further probe, saying his custodial interrogation was required to understand his role in the scam. Dasgupta’s lawyer Kamlesh Ghumre argued that the offences of cheating and criminal breach of trust for which he has been booked were not made out against him. The probe wa

Woman left Home on free will, High Court told

 On Thursday, a report was filed before the High Court of Calcutta saying that a woman, whose father had complained that she had been unduly influenced by a man to leave her home, had gone of her free will. Public prosecutor-in-charge Saibal Bapuli filed the report that the woman, who is married, has stated to him that she left her matrimonial home willingly owing to matrimonial discord and bitterness. The report said that the woman has said that she was staying under the care and shelter of another man against whom she has no grievance. Directing that the petition will appear for the next hearing a week after the Christmas vacation, the division bench comprising justices Sanjib Banerjee and Arijit Banerjee observed that "since it does not appear that the lady was coerced into making any statement or was under any apparent undue influence or pressure, there may not be much future in the matter". Hearing the petition by the father alleging that his daughter had been unduly inf

HC: Unemployment & low income not acceptable grounds when it comes to paying maintenance to wife & children under Section 125 Cr.P.C.

 In a Judgment passed recently by Karnataka High Court it was held that father has a personal responsibility to maintain his minor child and the same cannot be shunned by saying that he is working as a coolie. Case of the Petitioner The Court was dealing with a revision petition filed by the petitioner, wherein it was prayed to reverse an order passed by a Family Court which directed him to pay Rs. 3,500 to his minor son till he attains the age of majority. The counsel pleaded that order of the Family Court is passed erroneously as it failed to consider the oral and the documentary evidence available on record. Further it was contended that the petition instituted by his son should not be entertained as they have obtained divorce mutually. Lastly it was submitted that his client is not in a position to pay maintenance to his minor child as he is working as a coolie and his earning a mere amount. Case of the Respondents After obtaining a mutual divorce, the husband and wife parted their

HC: Hapless that dependants of ex- govt. employees have to repeatedly knock doors of the authorities in order to receive service benefits

 The Punjab and Haryana Court recently ridiculed the State Government for their deferred inaction with respect to releasing of sums due to the dependants of deceased government employees. Case of the Petitioner A plea was instituted by a petitioner, a mother of a deceased servant. Petitioner pleaded to the officials to release the son’s pensionary amounts and other service benefits due. Case of the Respondent The counsel for the Respondent stated in one of the hearings that the payment procedure was deferred as the petitioner did not submit necessary documents. Observation of the Court In the words of the Court: “This Court is sad to observe that the officials have lost all the compassion. It is unfortunate that the dependant/heirs of an Ex-employee, who died in harness, are being made to run from pillar to post. It is, thus, apparent that the State of Punjab has to put its house in order lest the Court compelled to take a serious view of the matter”. The Court further stated in disapp

POCSO Court awards 14 Years Jail term for attempting Rape of an infant

 On Thursday, the district court awarded rigorous imprisonment of 14 years to a 46-year-old man under Protection of Children from Sexual Offences (POCSO) Act for attempting to rape an 18-month-old girl child in 2016. The incident took place on September 21, 2016. An FIR was registered under Indian Penal Code Sections 376,354 and POCSO Act at Sector 24 police station against the accused, Sohan Pal. The complainant, the mother of the girl child, stated that on the same day around 3pm her 18-month-old daughter was playing in the room.Sohan Pal, her neighbour, took her to his room and attempted to sexually assault her. She caught Sohan Pal with the child. Although, he tried to flee the spot, he was caught and handed over to the police.The doctor confirmed the rape attempt on the girl child upon medical examination. The court stated that prosecution has succeeded in proving the charges against accused beyond doubt. “Additional district judge Vineet Chaudhary today held the accused, Sohan Pa

Session Court Acquits AAP Ex-MLA Manoj Kumar in 2014 Assault Case

 A Session Court decided to set aside the Magistrate Court Order & acquitted Aam Aadmi Party (AAP) ex- MLA Manoj Kumar in a case of assaulting a woman in 2014 under Section 352. Additional Session Judge Geetanjali Goel in an order passed on Dec 22 allowed the appeal of Kumar & set aside the judgment dated 13.08.2019 by which the appellant Kumar was convicted for the offense under Section 352 of IPC. Earlier in 2019, the Magistrate Court had held guilty/convicted him for the offence punishable under Section 352 Indian Penal Code & sentenced him to 7 days simple imprisonment. The Magistrate Court had said that the lawmaker was "a public servant & therefore it was his duty to behave fairly & courteously to those who approach him with their problems". Kumar has been convicted for commission of the offense of under section 352 (punishment for assault or criminal force otherwise than on grave provocation) of the IPC, magistrate Court had said. While convicting K

SC notifies New Roster; to be effective from Jan 4th, 2021: CJI to remain taking up PILs, Election, Arbitration, Contempt, Habeas Corpus Cases

 The Supreme Court of India has notified new Roster to be effective from January 5th, 2021. The Roster which is indentical to the one released in October suggests CJI SA Bobde shall continue to head matters concerning to Elections and Habeas Corpus and Social Justice. The Bench shall be headed by either CJI SA Bobde, Justice Ramana, Justice Nariman, Justice Lalit, Justice Khanwilkar, Justice Chandrachud, Justice Ashok Bhushan and Justice Nageswara Rao in matters pertaining to PILs and Letter Petition. Contempt of Court Cases shall be taken up by Benches headed by CJI SA Bobde and Justice UU Lalit while Arbiration Matters are allotted to Benches of CJI, Justice Ramana, Justice R F Nariman, Justice Indu Malhotra and Justice Indira Banerjee. Benches headed by Justice N V Ramana, Justice UU Lalit, Justice D Y Chandrachud and Justice Ashok Bhushan are to deal with matters concerning to Religious and Charitable Endowment. The second Seniormost Judge, Justice N V Ramana has been asserted a to

Bizarre: Police arrested and Jailed in-laws for Dowry Death but Women found alive

 In another instance of a botched-up investigation by Bihar police, a woman, whose in-laws were arrested for her alleged murder over dowry, was found alive in Muzaffarpur. Police had earlier claimed that her in-laws had dumped her body in river Dabra after killing her. In May 2019, a married woman named Sweety Kumari, along with her younger son Pawan (7), had gone missing from her house in a village under the Bheldi police station area of Saran district. Two days later, body of an unidentified woman was found near the banks of Dabra river in the area, following which, a case was lodged against unknown persons on May 17. Following a news report on the unidentified body washing ashore, Sweety’s father, a resident of Parsa police station area, identified the body as of his missing daughter’s and registered a fresh complaint at Bheldi police station, accusing five persons of her murder, said Marhaurua sub divisional police officer (SDPO) Indrajit Baitha. After three months of investigation

'Mere possession of Fake Currency Notes not liable for IPC charges', rules High Court

 The Bombay high court (HC) recently granted bail to a 19-year-old man who was booked and arrested for allegedly possessing counterfeit notes. The Court held that mere possession of counterfeit notes does not mean that there was an intention of knowingly using the notes on the part of the accused and hence the charges under Section 489B (using as genuine, forged or counterfeit notes) of the Indian Penal Code (IPC) doesn't apply to him. A bench comprising of Justice Bharati Dangre, while hearing the bail application of a man named Vachkal, was informed by his advocate Murtuza Nazmi that his client had been booked and charge sheeted with two others for allegedly possessing counterfeit notes. Vachkal and others were booked under Sections 489B and other Sections of IPC. According to the charge sheet, the anti-narcotic cell, Pune, had seized counterfeit notes of ₹500 and ₹2,000 denominations from the dashboard of a car during a raid. The officers found that Vachkal was in possession of

Court issues Non-Bailable Warrant in Cheque Dishonour Case

 Additional Chief Judicial Magistrate (Surat) issued a non-bailable warrant (NBW) against Sunil Jariwala, who was convicted by the Court on Monday in a cheque dishonour case. As per the case, Sunil Jariwala, a proprietor of Taxo Fab, was convicted under Section 255 (2) of the CrPC, 1973 for the charge levied under section 138 of Negotiable Instrument Act & was sentenced for simple imprisonment for fifteen months with Rs 30 lakh as fine. For the non-payment of fine the accused have to undergo simple imprisonment of 5 months separately. The Court ordered that "As the accused did not remain present before this court, a non-bailable warrant is to be issued for execution of Sentence". A complaint was lodged by Jindal Polyweaves Pvt Ltd which is engaged in the business of Grey cloth, against Sunil Jariwala for dishonoured cheque for Rs 15. 93 lakh in 2018. Jariwala used to take goods from the complainant company on credit & had given goods worth Rs.15.93 lakh in 2018. Jariw

HC sentences School Teacher to 20 years for Sexually Assaulting three Minors

 Nagpur bench of the Bombay High Court (HC) has reversed the acquittal of a school teacher on the charge of sexually assaulting three of his minor girl students and sentenced him to 20 years rigorous imprisonment, without any parole or furlough leave in the first decade of his jail term. The bench comprising of Justice ZA Haq and Justice Amit Borkar convicted the teacher, Gopal Janbandu, primarily on the strength of the testimony of the survivors. According to the prosecution, on December 2, 2017, one of the three survivors informed her mother about intermittent sexual assaults being committed by the teacher on her and two other students from her class, during school recess. The women then spoke to parents of the two other girls and they lodged police complaints. Jalbandu was arrested and prosecuted. The prosecution examined 12 witnesses, including the three survivors, but on January 5, 2019, an additional sessions judge at Gondia acquitted the teacher of all the charges levelled again

Tablighi Jamaat Case: Patna High Court quashes FIR against 18 Foreign Nationals

 The Patna High Court has quashed the first information report (FIR) filed against 18 Bangladeshi and Malaysian nationals arrested from Araria district of Bihar for violating visa rules during the nationwide lockdown triggered by the outbreak of COVID-19. The court has found no basis to prosecute the foreign nationals under Section 14 and 14C of the Foreigners Act, 1946, and directed the government to take necessary steps to deport the foreign nationals to their respective countries if they are not wanted in any other case. “In light of the discussions made herein above, this Court comes to a conclusion that so far as the foreign nationals are concerned, their prosecution for the offences alleged under Section 14 and 14C of the Act of 1946 has no basis to proceed. Accordingly, the order taking cognizance and issuance of summons as also the entire criminal prosecution against them are hereby quashed,” Justice Rajeev Ranjan Prasad wrote in his 68-page order on December 22. Soon after the