Legal Update as on 08.03.2023

Legal Update
  1. SEIZED ARTICLES NOT PRODUCED IN FRONT OF THE COURT MAY BE RELEASED, EVEN IF AN INVESTIGATION IS RUNNING. – According to the Gauhati High Court, if the seized items are not brought before the court, the criminal court has the authority under Section 457 CrPC to release the items even while the case is still being investigated.
    The State of Assam & Anr. v. Ram Sankar Maurya and Other related petitions
  1. JKL HC: CAUSE OF ACTION NOT GRANTED SOLELY ON THE BASIS OF REPEATED REPRESENTATION – According to the Jammu and Kashmir and Ladakh High Court, a cause of action cannot be established by repeatedly contacting the relevant authorities because each fact must be established in order to support the right being argued in court.
    Jammu Development Authority Vs Jag Mohan Wazir & Anr.
  1. Virtual witness examination during a trial has no impact on the accused’s rights, according to KER. HC – The Kerala High Court ruled that the rights of the accused would not be affected if a witness were to be cross-examined during a trial using video connection technology.
    Gopal C V Central Bureau of Investigation.
  1. HC: BREACH TO TRANSPORT GOODS WITHOUT APPROPRIATE E-WAY BILL – While noting that transporting goods in a vehicle without a correct E-way bill is a statutory violation, the Calcutta High Court has determined that there is no legal necessity to ascertain the cause of such a violation and that it must be handled in accordance with the statute.
    Asian Switchgear Private Limited Versus State Tax Officer
  1. DELHI HC TO STATE: HELP FILL PWD VACANCIES THROUGH RECRUITMENT DRIVES – The Chief Secretary of the Delhi Government has been ordered by the Delhi High Court to organise a special recruitment campaign to fill open positions for people with disabilities (PwDs) in various ministries or organisations.
  1. HC: WEB SERIES “COLLEGE ROMANCE” LANGUAGE FAILS THE COMMUNITY TEST OF THE COMMON MAN – Although noting that the language used in the web series “College Romance” doesn’t pass the ordinary man’s test and crosses into obscenity, the Delhi High Court remarked that the use of vulgar language on social media platforms accessible to young children should be regarded seriously.
  1. JKL HC: NOT TO MAKE FALSE PROMISES TO MARRY – The Jammu and Kashmir and Ladakh High Court has noted that the suggestion of a live-in relationship to determine how the relationship will work out demonstrates the absence of any commitment of marriage at the time their relationship was initiated.
    Syed Shahid Hamdani Vs UT of J&K.
  1. SC: If found to be punitive, an order of compulsory retirement may be overturned. – According to the Supreme Court, a mandatory retirement order can be overturned if it is punitive in nature and was made to avoid the Officer’s ongoing disciplinary processes and secure his rapid dismissal.
    Captain Pramod Kumar Bajaj v. Union of India And Anr
  1. Just attempting to silence a kidnapped child is insufficient to establish a threat to life, according to SC. – The Supreme Court ruled that the intimidation of the kidnapped child victim in order to silence him is insufficient to satisfy the requirement under Section 364A IPC that the threat must reasonably cause the victim to fear that they will be killed or injured.
    Ravi Dhingra v. State Haryana | Criminal Appeal No. 987 of 2009
  1. SC UPOLDS ADANI POWER COMPENSATION FOR “CHANGE IN LAW” – The Supreme Court upheld “Change in Law” Compensation for Adani Power while criticising State Distribution Companies for adopting a position that was in conflict with that of the Union regarding the grant of “Change in Law” compensation to power production companies.
    Maharashtra State Electricity Distribution Company Limited v. Adani Power Maharashtra Limited And Ors.

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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