Author: Kartik

Minister approaches court challenging the ED custody - Asiana Times

Recently, V Senthil Balaji, a Tamil Nadu Minister, has appealed to the apex court against the order of the Madras High Court. The Madras High Court had recently held that he may be detained by the Directorate of Enforcement in relation to the cash-for-jobs scheme. This special leave petition was filed on July 17 against the judgment of the Madras high court pronounced on July 14. This matter was listed before a division judge bench composed of Justice Nisha Banu and Justice Bhartha Chakravarthy. While hearing the case, there was a split decision. Justice Banu was of the opinion that…

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Supreme Court issue notice in Deoghar Case - Asiana Times

On Monday, the Supreme Court issued notice to the accused in the Deoghar Airport case. This case is filed as a petition challenging the Jharkhand High Court’s order which quashed the FIR against MPs Nishikant Dubey, Manoj Tiwari and others involved. This petition is filed by the State of Jharkhand. The petition was listed before the division bench of the supreme court composed of Justice Abhay Oka and Sajay Karol. The case involves the question of the intricacies of the Indian Penal Code of 1860 and the Aircraft Act, of 1934. The High Court had held that the offences listed…

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Adopting Child Directly From Biological Parents Not An Offence U/S 80 Of JJ Act: Karnataka High Court

On Monday, the High Court of Karnataka at Bengaluru allowed a petition made by a student to meet the ends of justice. In furtherance to this, the court also imposed an exemplary cost of Rs. 500000 on the college for fabricating the list of students. Also, the court directed the college to give an undertaking that hereinafter, the college will not admit students beyond the cut-off date. These petitions were filed under Article 226 of the Constitution and were listed before a single-judge bench of the court. The bench was presided over by the Hon’ble Justice Sachin Shankar Magadum. These…

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Kerala High Court passed direction on inquests - Asiana Times

On Monday, the High Court of Kerala at Ernakulam allowed a petition and directed the respondent to proceed following the law and conduct an investigation into the dowry death by a special team in the Crime Branch department. In addition to such directions, the court also noted that there was sufficient information to establish the elements of dowry death or aiding suicide, and the police should have filed an FIR and further examined the situation. This writ petition was listed before a single-judge bench of the high court consisting of Hon’ble Justice K Babu. The court, while hearing the matter,…

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False Case against Landlord Quashed: Karnataka High Court - Asiana Times

On Wednesday, the Karnataka High Court dismissed a case of Schedule Caste/Schedule Tribes (Prevention of Atrocities) Act, 1989. While quashing the criminal petition, the court observed that the permitting of investigation would amount to an abuse of the process of law. This case was filed by Sri V Jagadish Bhatija, son of vashdevdas, on 25th May 2024 through his advocate Sushant Venkatesh Pai. This petition was listed before a single-judge bench consisting of Hon’ble Justice M. Nagaprasanna. The hon’ble justice while hearing the petition had observed that the story in the complaint is quite bizarre and if the court permitted…

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Punit Goenka barred from the Managerial positions - Asiana Times

On Monday, the Securities Appellate Tribunal upheld a decision made by the Securities Exchange Board of India’s whole-time member. While upholding the decision, the tribunal noted that the ex parte ad interim order was passed based on urgency. No evidence is filed by the appellants, we do not find any illegality or irregularity in the impugned order. This appeal was listed before a coram consisting of Justice Tarun Agarwala, the presiding officer and Ms Meera Swarup, the technical member. Mr Janak Dwarkadas and Mr. Pesi Modi were appearing for the appellants, while Mr. Darius Khambata and Mr. Aditya Mehta were…

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Demanding money to withdraw a case is problematic - Asiana Times

Recently, the Karnataka High Court dismissed a petition under section 482 seeking the quashing of the criminal proceedings against the petitioner accused. The court, while dismissing the case, observed that the offence committed by the defendants cannot be treated lightly given that they filed a PIL, requested Rs. 5 crores to have the case withdrawn and were caught red-handed taking Rs. 10 lahks. The police have filed the charge sheet after conducting a comprehensive investigation. As a result, there is sufficient evidence to frame accusations against the accused. The proceedings cannot be quashed as a result. This petition was listed…

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Innocence in corruption does not bar prosecution - Asiana Times

Recently, the Delhi High Court dismissed a petition, observing that the failure to prosecute a public servant under the Prevention of Corruption Act, does not bar the proceeding under the penal code, especially of conspiracy and cheating. This matter was listed before a single-judge bench of the high court consisting of Justice Yogesh Khanna Khanna. The court further observed that allegations of conspiracy and claimed cheating by private accused would not be affected by the sanction qua public worker, and the only change would be that private individuals would no longer be prosecuted under Section 120B IPC for offences under…

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Apex Court issue contempt notice to Narsinghanand - Asiana Times

On Friday, the Supreme Court of India, in a contempt petition, issued a notice to Hindutva leader Yati Narsinghananad. The petition was filed by an activist S Nelli for the derogatory remarks made by Narsinghanand against the apex court. This petition was heard by a division bench composed of Justice A.S. Bopanna and M.M. Sundresh. The alleged statement made by the Hindutva leader was that people who support this system, including these politicians, the Supreme Court, and the Army, will all perish like dogs. Although a notice was issued, but no returnable date is given in the notice. Facts of…

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Conviction set aside for procedural non-compliance - Asiana Times

Recently, The High Court of Jammu & Kashmir and Ladakh set aside a judgment of conviction. The court observed that the judgment passed by the Additional Sessions Judge is not justifiable in the eyes of the law and is liable to be set aside. This appeal was filed before a single-judge bench presided over by Justice Rajnesh Oswal. The court while hearing the appeal observed that it is clear from reading the appellant’s statement recorded under section 342 Cr.P.C. that no incriminating evidence with a specific reference has been presented to the appellant, and the appellant has only been asked…

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