legal-updates

MP HC – CAN’T OBJECT TO JURISDICTION AFTER PARTICIPATING IN ARBITRAL PROCEEDINGS WITHOUT PROTEST – According to the Madhya Pradesh High Court, a party that has participated in the arbitration procedures without objecting to or contesting the tribunal’s jurisdiction cannot do so for the first time under Section 37 of the A&C Act. STATE OF […]

KERALA HC PUBLISHES DIRECTIONS FOR SABARIMALA CROWD MANAGEMENT – The Kerala High Court ordered the District Administration to make sure that all pilgrims had a comfortable journey and darshan, anticipating that Sabarimala Temple will experience high visitor traffic in the coming days due to the Mandala festival. SUOMOTO VS STATE OF KERALA ALL HC –

MEGHALAYA HC – AIDED COLLEGES TEACHERS CAN PARTICIPATE IN ELECTION, BUT NOT BEARERS OF OFFICE OF PROFIT – According to the Meghalaya High Court, staff of educational institutions do not occupy an Office of Profit, and as long as they meet the necessary requirements, they are not prohibited from running for office or holding elections.

HC: The magistrate denied remanding the accused after 30 days once UAPA offences were added to the complaint. – According to the Calcutta High Court, once UAPA offences are included to the FIR, the Magistrate loses the authority to remand an accused person for an extended period of time because they are not authorised to

SIKKIM HC: IF TRIAL COURT AWARDED MINIMUM PUNISHMENT REQUIRED BY LAW, CANNOT REDUCE SENTENCE – According to the Sikkim High Court, the Appellate Court cannot lessen the minimum term that must be given to those who violate the law. It was found that the courts cannot modify a sentence that the legislature has set as

KERALA HC – SEIZURE & CONFISCATION PROCEEDINGS CANNOT BE AFFECTED BY THE NON-CONSTITUTION OF SPECIAL COURTS – The Mines and Minerals (Development and Regulation) Act, 1957’s Section 30B Special Courts are not constitutional, according to the Kerala High Court, however, this does not affect seizure and confiscation procedures under the Act. RAHUL P.U. V. THE

SC – IF NO ACT OF THE ACCUSED IN THE FIR IS DISCLAIMED, THE PROCEEDINGS MAY BE QUASHED. – The Supreme Court has ruled that when the complaint upon which a FIR was filed does not disclose any act of the accused or their involvement in the commission of crime, the criminal proceedings may be

MUMBAI COURT – WOMEN MAY BE CHARGED WITH OUTRAGING ANOTHER WOMEN’S MODESTY. – The Mumbai Court found a mother of three guilty of violating another woman’s modesty and sentenced her to one year of severe imprisonment while pointing out that Section 354 of the IPC is gender neutral qua the offender. STATE OF MAHARASTRA VS

KERALA HC – IN FUTURE INVESTIGATIONS, POLICE CAN INCLUDE APPROPRIATE MATERIAL – According to the Kerala High Court, it is acceptable to include information in an additional charge sheet that was filed after the initial final report as long as the evidence gathered and subsequent events point to indicate to the commission of the crime

J&K&L HC – WHEN DETERMINING CLAIMS FOR JUVENILITY, SCHOOL RECORDS HAVE PREFERENCE OVER VILLAGE RECORDS. – According to the Jammu and Kashmir and Ladakh High Court, courts should give priority to the certificate granted by the educational institution that the accused first attended in order to evaluate charges of juvenile. SANJAY RAINA VS STATE OF