Justice Swarana Kanta Sharma stated that an accused should not simply be discharged in a rape case because the prosecutor did not state so in her FIR or during the medical-legal case (MLC). “This is because, in cases such as rape, where the victim is the only witness in the Read more…
On Wednesday, the Chief Justice of India (CJI), DY Chandrachud, stated that four special benches dealing with the matters of criminal appeal, land acquisition matters, motor accident claims tribunal cases, and direct and indirect tax will sit in the Supreme Court from next week. The Chief Justice also stated that Read more…
On 16th November, 2022 the Income Tax Appellate Tribunal (ITAT) , Kolkata headed by a two-member bench of Sonjay Sharma, judicial member and Rajesh Kumar, accountant member. The Tribunal pronounced the result in favour of the appellant making it clear that any income tax assessment made by an officer who Read more…
The Apex Court has issued a notice in the plea which challenges section 64 of the Code of Criminal Procedure on the ground that the section is discriminatory against women as it finds them incapable of accepting summons on behalf of other person. “Section 64 reads as: Service when persons Read more…
The bench of Justice Shivashankar Amarannavar while dealing with an appeal filed by the appellants challenging the order passed by the Principal District and Sessions Judge ruled out that bail can’t be granted merely because the wife of the accused is pregnant and due for delivery. The appellant was registered for the Read more…
The bench consisting of Justice Surya Prakash Kesarwani and Rajendra Kumar while hearing an appeal challenging the grant of divorce on grounds of mental cruelty summarized the the principles for grounds for divorce.The case in the hand was between a wife (appellant) and husband (respondent). The dispute between the spouses Read more…
Additional Sessions Judge Sanjay Sharma, while hearing a matter relating to sexual harassment against a man who threatened and abused a woman in 2019 made the observation that F**k Off is a sexually colored remark. The complainant made her complaint u/s 164 of the Code of Criminal Procedure and in Read more…
The bench of Justice Naresh Kumar Laka was dealing with an application in the case of Central Bureau of Investigation v. Mahesh Kumar Sharma & Anrs. when a question regarding the power of investigating authority to seek UserID of the computer system seized from the accused along with password of Read more…
FACTS OF THE CASE CONTENTION ISSUES The relevant provisions of Criminal Procedure Code are: Chapter XII of the Criminal Procedure Code have the provisions regarding the “Information to the police and their powers to investigate” and that of chapter XV is “Complaints to Magistrate”. Sections 156(3) and 202 are in Read more…
The Apex court Collegium headed by Chief Justice Uday Umesh Lalit has recommended to the Center the transfer of Orissa High Court Chief Justice (CJ) Justice S Muralidhar as CJ of Madras High Court, sources said on Thursday. . Sources told PTI that the collegium, which also included Read more…