Shashank Maheshwari

Chhattisgarh High Court: The Special Judge under Section 14 of the SC & ST Atrocities Act Has the Jurisdiction to Pass Order under Section...

  Facts of the Case The facts surround the land dispute between the two parties and it dates back to the year 2012. The petitioner in the case started working on the land property which was in the name of the...

Non Examination of Investigation Officer Does Not Put Any Dent on the Prosecution Case : Bombay High Court

A Single Bench of the Bombay High Court, at Goa, consisting of Justice M.S. Sonak heard the appeal filed instead of the sentence given by the CBI Special Court under the Prevention of Corruption Act, 1988. Facts of the Case The...

Just Because the Deceased Did Not Have License, Does Not Imply He Was Negligent: Chhattisgarh High Court

In the case of Hemlal & Others v. Dayaram & Others, a Single Bench of Chhattisgarh High Court consisting of Justice Sanjay S. Agrawal annunciated various interpretations in regards to “contributory negligence” in Motor Vehicle Accident.  Facts of the Case The Claimants had...

State Cannot Issue Directions on Rate of Charge of Non-COVID Patients in Private Hospitals: Bombay High Court

On 23rd October 2020, the Nagpur Bench of Bombay High court at Nagpur, consisting of Justice R.K. Deshpande and Justice Pushpa V. Ganediwala gave a judgment with regards to the constitutionality of various provisions issued by the State government...

Under-Trial/Convicted Persons Do Not Have Absolute Right To Parole in Light of Coronavirus : Bombay High Court

An important judgment was given by the Division Bench of the Nagpur bench of Bombay High Court concerning the constitutionality of Rule 19 of Maharashtra Prisons (Bombay Furlough and Parole) Rules, 1959 (Amended in 2020). Facts of the Case In this...

Bombay High Court Sets Aside Conviction Stating Lack of Satisfactory Explanation by Prosecution

A single-judge bench of Justice Smt. Vibha Kankanwadi of the Aurangabad seat of the Bombay High Court pronounced judgment in the case of Ramchandra v. State of Maharashtra and examined the loopholes in the story of the prosecution.   Facts of...

Bombay HC Seeks Explanation for Delay in Execution of Order Under COFEPOSA

A division bench of Bombay High Court consisting of Justice S.S. Shinde and M.S. Karnik passed an order on 1st October 2020 in the case of Suresh Gulabchand Jaiswal v. Union of India & Others in which the court interpreted the...

Intention To Murder Is Necessary To Invoke Section 307 of the IPC: Bombay High Court

A single bench of Justice Vinay Joshi of the Nagpur seat of the Bombay High Court pronounced judgment on 29th September 2020 in the case of Ajit & Bhaiyyasaheb Ganpatrao Jadhao v. the State of Maharashtra, wherein the court...

Immoral Traffic (Prevention) Act Does Not per se Criminalize Prostitution : Bombay High Court

A single bench of the Bombay High Court of Justice Prithviraj K. Chauhan passed the final order in the case of Kajal Mukesh Singh & Ors. v. State of Maharashtra. In the present case, the Court interpreted various provisions...

Setting a Woman on Fire Clearly Shows Intention To Cause Death: Bombay HC

A criminal appeal was heard by the division bench of the Bombay High Court consisting of Justice Ravindra V. Ghuge and Justice B.U. Debadwar on the ground that the decision given by the session court convicting the appellant under...

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SC: Under-21 Convicts Can Be Given Less Than Minimum Sentence, Resorts To Probation of Offenders Act

The Supreme Court resorted to the Probation of Offenders Act to sidestep the mandate under Section 397 of the Indian Penal Code that mentions a sentence of not less than 7 years to those convicted of armed robbery, to give a chance to two young convicts to reform their lives.
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Environment Protection Act Passed at the Instance of Foreign Powers: NHAI in Karnataka HC

The National Highways Authority of India (NHAI) claimed in a submission that the Environment Protection Act 1986 was passed not only for the protection of the environment by the parliament but also at the instance of foreign powers. This statement was made while referring to a UN conference and got the NHAI into great trouble in the Karnataka High Court.

Delhi High Court To Implement a Hybrid System Through Virtual and Physical Hearing

On Friday the Delhi High Court said that they have initiated steps to implement a mode wherein hearing can be done by virtual as well as physical mode. The Delhi High Court is aiming to implement the Hybrid mode. It stated that when the particular bench is conducting a virtual hearing the lawyer may opt for this mode after giving prior intimation about the same.

Mercy Plea of Rajiv Gandhi Assassination Case To Be Decided in Four Weeks, TN Governor To Supreme Court

Tamil Nadu Governor Banwarilal Purohit on Thursday told the Supreme Court that a decision on the mercy petition of one of the convicts serving a life sentence for the assassination of former Prime Minister Rajiv Gandhi, AG Perarivalan will be taken within four weeks. The petition has been pending with the Governor since December 30, 2015.

Bombay High Court Questions FIR Over Journalist Alleged of Communist Comment on WhatsApp

An FIR lodged against the editor of Marathi newspaper, Rajkumar Chhajed has been questioned by the Bombay High Court. The Maharashtra Police has accused Chhajed of creating a rift between the two communities based on a WhatsApp message.