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i) In all cases where there is a Section 362 CrPC Does Not Bar
possibility of life sentence or Inherent Power Of High Court To
death sentence, learned Recall An Order
Advocates who have put in
New India Assurance Co. Ltd. vs.
minimum of 10 years practice at
Krishna Kumar Pandey
the Bar alone be considered to be
appointed as Amicus Curiae or The Supreme Court has observed
through legal services to represent that the High Court has inherent
an accused. power under Section 482 of the
Code of Criminal Procedure to
ii) In all matters dealt with by the
recall an order and the provisions
High Court concerning
of Section 362 Cr.P.C. would not
confirmation of death sentence,
bar it from exercise of such
Senior Advocates of the Court
powers.
must first be considered to be
appointed as Amicus Curiae. Right To Get Sample Tested Also
Available To Vendor Of
iii) Whenever any learned counsel
Misbranded Food Article When Its
is appointed as Amicus Curiae,
Testing Is Integral To Prove The
some reasonable time may be
Offence:
provided to enable the counsel to
prepare the matter. There cannot M/s Alkem Laboratories Ltd. vs.
be any hard and fast rule in that State of Madhya Pradesh
behalf. However, a minimum of
The Supreme Court observed that, prosecuted under Section 48 of
where examination of the the Act, 1974
contents/ingredients of the food
article is integral to proving the Private Counsel Engaged By
offence 'misbranding', the Victim To Assist Public
procedure prescribed under Prosecutor Cannot Make Oral
Sections 11-13 of the Prevention Argument/Cross Examine
of Food Adulteration Act has to be Witnesses
complied with, regardless of Rekha Murarka vs. State of West
whether 'adulteration' is alleged or Bengal
not.
The Supreme Court observed that,
Body Corporates Like City though a victim can engage a
Municipal Council/Corporation private counsel to assist the
Can Be Prosecuted U/s 47 Water prosecution, such counsel could
(Prevention and Control of not be given the right to make oral
Pollution) Act arguments or examine and cross-
Karnataka State Pollution Control examine witnesses. The bench of
Board vs. B. Heera Naik Justice Mohan M.
Shanthanagoudar and Justice
The Supreme Court observed that Deepak Gupta observed thus while
Body Corporate like City Municipal upholding the Calcutta High Court
Council and Corporation can be judgment dismissing the
prosecuted under Section 47 of application made by a victim in a
the Water (Prevention and Control criminal case seeking permission
of Pollution) Act, 1974. In this for her counsel to cross-examine
case, the Karnataka High Court witnesses after the Public
had quashed the complaint filed Prosecutor.
by Karnataka State Pollution
Control Board on the ground that SC Allows Centre's Review
Commissioner of Municipal Against Dilution Of SC/ST Act
Council, Chief Officer or Council [Read Judgment]
cannot be termed as Head of the Union of India vs. State of
Department and they cannot be Maharashtra
A three judge bench of the
Supreme Court consisting of
Justices Arun Mishra, M R Shah
and B R Gavai allowed Centre's
petition seeking review of its
March 20, 2018 judgement which
had virtually diluted provisions of
arrest under the SC/ST Act. The
March 20 judgment had held that
arrest of a public servant under
SC/ST Act should be after
approval of the appointing
authority and of a non-public
servant after approval of the SSP
and that a preliminary enquiry
must be held by the DSP to see
whether the allegations make out
a case under SC/ST Act.
1. Death penalty awarded to man
40 Important accused of rape and murder.
Kerala HC
Judgments Of 2019 The Kerala High Court commuted
comprising of Justices AM
Shaffique and P
ends of justice. But taking into refund of the amount along with
2. Banks liable for unauthorised High Court said that a bank cannot
comprising Chief Justice
proposal for premature release of
admissible in evidence in
speaker is also proved"
In this case the petitioners before does not exceed 7,500 kg would be
the High Court were all holders of a light motor vehicle and also
"declaring that the petitioners are Act for possessing one cover each
impunity and when the mandatory Kerala, Bail Appl. No. 8553 of
Court, Justice B Sudheendra
satisfaction within the meaning of
Section 141 deals with the liability the NI Act. Therefore, the Court
Court for an offence under Section 3847, 3852 of 2018, order dated 6
that Permanent Lok Adalat in the by the State does not culminate in
put in place by the state, for court directed that the state
Management Authority.
The bench observed that such
per the executive orders issued by Varma College noting that there is
Hostel Rules which barred girls 13. Auction sale cannot be held 3
boarders from going for the first Years after the end of financial
pendens'.
by Section 52, on the reasoning
like structure'.
The Court endorsed the view
structure. 2006.
(Case : AP Sreedhari Sivaraj v. The court noted that SIMI was
High Court, Justices AM
persons cannot be treated as
cancellation of policy has been who issues a cheque for the said
Court, Justice R. Narayana
Referring to the IPC provisions, the
Pisharadi held, immovable
court observed that the operation
property can be the subject matter
of section 405 is not restricted to
of commission of an offence of
'movable property.'
criminal breach of trust which is
without hearing the person is removing his name from the list.
fruitful results and the victim that the Kerala State Electricity
The High Court of Kerala took suo paper reports of the incident be
moto notice of the tragic death of appended to the writ petition and
Ramachandran observed that
The court further made it clear
State Information Commission is
that though it did not contemplate
expected to be autonomous and
to cause any investigation to the
resistant to any pressure from the
incident or to the events that led
Executive.
to the horrific accident, it wanted
the State electricity board to come In this case, the petitioner who is
Jayashankaran Nambiar,
vehicle bonafide in possession of
expatriates.
to the petitioner and tarnished his
Jayasankaran Nambiardismissed
not the High Court by way of
himself.
Justice R. Narayana Pisharadi,
In this case, the name of the payee single bench of the High Court of
seen struck off and the name of regard to the name of the payee,
agreed with the First Appellate accused. The court also observed
Court that, when the cheque that the filing of a complaint under
contained a correction with regard Section 138 of the Act through the
2019)
The case was on behalf of the
outside India will not be very few of the accused is affected in such
August 2019)
decisions on the question of
31. Kerala HC sets aside single single judge Justice B Kemal
bench direction for CBI probe into Pasha (since retired) within three
judgement was given on the basis tax returns and the bank account
The court also said that the fact alleged Maoist leader Roopesh of
the restrictions will not make them under Section 124 A of the Indian
(Case : Faheema Shirin v. State of The court said the time limit
judgement dated 19 September the UAPA read with Rules (3) and
September 2019)
The court held that the sanction
It was added that Sessions Judge police. The court ordered the CBI
cognizance of the offence under the parents of the slain youth, who
footage.
The court said, "CCTV footage in criminal offences, it is extensively
accept the logic of the prosecution The High Court of Kerala led by
ground of delay.
The court added, Electronic
records are created with every day In this case, the transaction
already filed before the court, under UAPA for alleged links with
2019)
The court added, "The
times satisfy the ingredients of the (Case : Thwaha Fasal and Anr. v.
Advocate Commission.