High Courts
Accused Doesn't Have Right Of "Pre-Audience" To Dictate Manner Of Investigation: Madhya Pradesh High Court
The Madhya Pradesh High Court at Jabalpur has held that suspects or accused individuals cannot be given a pre-audience to determine the manner or agency of their investigation.Justice G. S. Ahluwalia passed the order in a plea by the petitioner seeking directions on the police to conduct a 'free and fair' investigation, even before an FIR was registered against him. The legal question...
DV Act | Couple Cohabiting During Subsistence Of Previous Marriage Do Not Share Domestic Relationship In Nature Of Marriage: Kerala High Court
Kerala High Court held that a couple who did a marriage ceremony when their previous marriages were subsisting and lived together for a considerable period of time cannot be said to have a 'relationship in the nature of marriage' as mentioned in the definition of 'domestic relation' in Section 2(f) of Protection of Women From Domestic Violence Act (PWDV Act).Justice P. G. Ajithkumar relied...
'Material Contradiction In Medical & Eyewitness Evidence Creates Doubt On Prosecution's Case': Allahabad HC Sets Aside Conviction U/S 304 (I) IPC
On Tuesday, the Allahabad High Court set aside an accused's conviction under Section 304 (I) IPC based on the martial inconsistency between witnesses' oral testimony and medical evidence on record. Relying upon the Supreme Court's 2021 Judgment in Viram @ Virma v The State of Madhya Pradesh LL 2021 SC 677, a bench of Justice Ashwani Kumar Mishra and Justice Dr. Gautam Chowdhary...
Preventive Detention A Colonial Law, Can't Be Applied To Everyone Booked For False News: Madras HC Says In Savukku Shankar Case
While reserving orders on the habeas corpus petition challenging the preventive detention of Youtuber and whistle blower Savukku Shankar, the Madras High Court criticised the state's approach in detaining Shankar for his statements.The bench of Justice SM Subramaniam and Justice V Sivagnanam commented that the Preventive Detention Act itself is a colonial law and such detaining powers should...
Mother Of IAS Officer Shot Dead In Chandigarh Court Moves High Court Seeking Police Protection
The Punjab and Haryana High Court today directed a one Kuldeep Singh, who allegedly “hand in glove” with the accused in the Chandigarh Court firing case to remain present in the police station tomorrow.The development comes in a protection plea filed by the mother of Harpreet K. Singh, an IAS officer who was shot dead in the harrowing incident on August 3. The shots were allegedly fired...
No Public Interest In Disclosing Justice Hema Commission Report On Problems Faced By Women In Malayalam Film Industry: Kerala HC Told
Malayalam film producer, Sajimon Parayil submitted before the Kerala High Court that there is no public interest involved in disclosing the contents of the Justice Hema Commission Report.The Justice K. Hema Committee was established in 2017, and tasked with studying and suggesting solutions for issues faced by women in the Malayalam film industry. Justice V G Arun was hearing a plea...
'No Intention To Cause Bodily Injuries; Single Blow In Sudden Provocation Proved Fatal': Allahabad HC Converts Murder Conviction To S.304 (II) IPC
The Allahabad High Court on Monday modified the conviction of a man, who stabbed the deceased in the abdomen with a chhuri (dagger), from Section 302 (Murder) to Section 304 Part II (Culpable Homicide Not Amounting to Murder) of the IPC. The court observed that the accused's intention was to intimidate the deceased by brandishing the chhuri, and not to inflict bodily harm. However,...
Allahabad High Court Stays Demand Of Rs. 47 Crores Service Charge Against IIT Rorkee
Recently, the Allahabad High Court has granted interim relief to Indian Institute of Technology, Roorkee against the demand of service charge amounting to Rs. Rs. 47,06,67,775/- raised by the Municipal Corporation, Saharanpur.The Municipal Commissioner, Municipal Corporation, Saharanpur, raised certain demand notices against IIT Rorkee imposing service charge of Rs. 3,26,43,795/- per...
Financial Liabilities Do Not Justify Lowering Maintenance Payments U/S 125 CrPC: Uttarakhand High Court
Addressing a revision petition against an interim maintenance order passed by the Family Judge, Haldwani, the Uttarakhand High Court has ruled that existing loans and other financial liabilities do not justify lowering maintenance payments under Section 125 of The Code of Criminal Procedure, 1973.The case arose from an application filed by the revisionist's wife seeking maintenance for...
Orders Not Passed On Merits Can Be Recalled By HC To Prevent Abuse Of Process: Punjab & Haryana High Court
The Punjab & Haryana High Court has recalled its order observing that the bar of Section 362 of Criminal Procedure Code would not apply on recalling orders which are not passed on the merits of a case.Section 362 of CrPC states that, "save as otherwise provided by the Code or by any other law, no Court, when it has signed its judgment or final order disposing of a case, shall alter or...
Keeping Mutual Divorce Proceedings Pending Causes Mental Agony: Bombay High Court Waives 6 Months Cooling Period, Dissolves Marriage
A newly married couple, unable to reside together for various reasons, itself is mental agony, said the Bombay High Court recently, while holding that in cases where the wife and husband have agreed to mutual divorce and there being no scope for reconciliation, the mandatory six months cooling off period can be waived off.Single-judge Justice Gauri Godse dissolved a marriage between a...