Legal Update as on 10.11.2022

legal-updates
  1. KAR HC – KARNATAKA HC SETS ASIDE LOWER COURT ORDER BLOCKING TWITTER ACCOUNTS OF CONGRESS & BHARAT JODO YATRA – Karnataka High Court while allowing the appeal by Indian National Congress against civil court order directing Twitter to block Congress party’s and Bharat Jodo Yatra’s user account, subject to party removing content from their handles that violates MRT Music’s copyrights.
    M/S MRT MUSIC V. THE INDIAN NATIONAL CONGRESS & OTHERS
  1. SC – SECTION 145/146 CRPC PROCEEDINGS MUST END ONCE CIVIL COURT IS SEIZED OF MATTER – The Supreme Court has held that the Civil Court will ultimately decide the parties’ rights to title or possession, even though it has been noted that these proceedings must end once the Civil Court is seized of the matter.
    MOHD. ABID VS RAVI NARESH
  1. SC – EVEN IF DRAFT CRIMINAL RULES ARE NOT ADOPTED, THE ACCUSED HAS A RIGHT TO RECEIVE MATERIALS FROM THE PROSECUTION – Even though the Draft Rules of Criminal Practice have not yet been enacted, the Supreme Court has ruled that an accused person has the right to get a list of all statements, documents, materials, etc. that the prosecution is in possession of.
    P PONNUSAMY VS STATE OF TAMIL NADU
  1. SC: JUDGES CAN’T PENALIZE ACCUSED PEOPLE ON THE BASIS OF SUSPICION – The Supreme Court held that courts cannot punish suspects based on their moral convictions while acquitting three death row inmates in the 2012 Chawla gang rape and murder case. It also ruled that the trial court had permitted improper witness questioning and the use of forensic evidence by the police.
    RAHUL VS STATE OF DELHI MINISTRY OF HOME AFFAIRS AND ANR
  1. HC: ENGAGING IN CRIME AMOUNTS TO SUPERVENING CIRCUMSTANCE FOR CANCELLATION OF BAIL – The Kerala High Court has ruled that engaging in illegal activity while on bail, breaking the terms of the order, would constitute a “supervening circumstance” that would require the cancellation of the accused’s bail.
    SREEJA MANNANGATH V. STATE OF KERALA & ANR
  1. J&K&L HC: POLICE REPORT SCRUTINY MUST BE THE BASIS FOR DETAINING AUTHORITY SATISFACTION – The Jammu and Kashmir and Ladakh High Court has ruled that certain activities cannot be deemed detrimental to the maintenance of peace, public order, and serenity in the lack of evidence corroborating the claims made or describing the specifics of the incident.
    SAJAD AHMAD BHAT VS UT OF J&K
  1. SC–SC SETS ASIDE COURT-MARTIAL PROCEEDINGS AGAINST ARMY OFFICER – The Supreme Court has disallowed court martial proceedings against an army officer on the grounds that they were barred by a limitation imposed by Section 122 of the Army Act.
    COL ANIL KUMAR GUPTA VS UNION OF INDIA

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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