High Courts
Trial Court Can't Recall Witness U/S 311 CrPC On Prosecution's Mere Claim That Testimony Was Under Duress: MP High Court
The Madhya Pradesh High Court has made it clear that power to recall witness under Section 311 CrPC cannot be exercised routinely, on mere allegation that initial testimony of the witness was made under duress.Justice Dinesh Kumar Paliwal held that when witnesses have not made any complaint to the police or to Court and there is nothing on record to show that at the time of tendering...
Breaking: Delhi High Court Upholds Bibhav Kumar's Arrest In Alleged AAP MP Swati Maliwal Assault Case
The Delhi High Court on Friday upheld the arrest of Chief Minister's close aide Bibhav Kumar in the alleged AAP MP Swati Maliwal assault case. Justice Neena Bansal Krishna rejected the plea filed by Kumar. Kumar was denied bail by the trial court twice. His bail plea was also rejected by the Delhi High Court last month, observing that his arrest by the Delhi Police is illegal and in...
MP High Court Stays Proceedings Initiated By Children Against Parents For 'Starvation, Physical Abuse & Forbidding Them From Watching TV'
Madhya Pradesh High Court has stayed the trial court proceedings arising out of a FIR lodged against a couple by their 21-year-old daughter and an 8-year-old son, alleging harassment, including physical abuse, starvation and forbiddance from watching TV.The single-judge bench of Justice Vivek Rusia allowed a stay application moved by the parents against the proceedings before Additional...
"Political Motive To Lure Voters Through Cash Benefits": PIL In Bombay HC Seeks Stay On State Govt's 'Ladki Bahin' And 'Yuva Karya' Schemes
A Public Interest Litigation (PIL) has been filed in the Bombay High Court to quash the Maharashtra Government's Mukhya Mantri Ladki Bahin Yojana (Chief Minister's Beloved Sister Scheme).Further, to quash the Mukya Mantri Yuva Karya Prashikshan Yojna (Chief Minister's Youth Employment Skill Training Scheme). A division bench of Chief Justice Devendra Kumar Upadhyaya and Justice Amit Borkar...
Untimely Demise Of Husband Sufficient Explanation To Condone Delay In Seeking Leave To Continue Appeal On His Behalf: Kerala High Court
The Kerala High Court has stated that the untimely death of the husband is sufficient reason to condone 20 days delay in filing an application seeking leave under Section 394 of CrPC.Section 394 of CrPC provides for abatement of criminal appeal on the appellant's death. As per the provision, near relatives can apply for leave to continue the appeal within 30 days of the death of the...
Father Can't Be Charged Of 'Kidnapping' His Minor Child From Wife's Custody Unless He Was Specifically Prohibited By Competent Court: Karnataka HC
The Karnataka High court has held that a father cannot be charged for kidnapping his minor child from the custody of his wife, so long as there is no prohibition order passed by a competent court against him.A single judge bench of Justice Venkatesh Naik T allowed the petition filed by the husband and quashed the proceedings initiated against him by his wife for the offence punishable...
Writ Petition Under Article 227 Not Maintainable Against Mutation Proceedings : Uttarakhand High Court
The Uttarakhand High Court on Thursday (August 1) observed that a writ petition under Article 227 of the Constitution would not be maintainable against mutation proceedings. The Court reasoned that the mutation proceedings are not final and do not confer any title over the property but are meant for fiscal purposes. In the present case, the petitioner was aggrieved by the rejection of...
'Case Of Judicial Indiscipline': Rajasthan High Court Proposes Action Against Judicial Officer For Ignoring HC Order While Framing Charges
Considering the actions of the trial court as a case of 'disobedience and judicial indiscipline' for ignoring the directions issued by a single bench of the Rajasthan High Court, the Court directed the matter to be placed before the same coordinate bench for taking action against the presiding officer of the concerned trial court.The bench of Justice Ashok Kumar Jain was hearing a...
Orissa High Court Dismisses Plea Seeking Cancellation Of Odisha Judicial Services Preliminary Examination 2023
The Orissa High Court on Thursday dismissed a plea seeking cancellation of Odisha Judicial Services Preliminary Examination-2023 and to conduct the same afresh on the ground that 15 questions and their corresponding answer keys were defective. The Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash was hearing the writ petition filed by some of the candidates...
Police Officers Have To Join Music Band Practice As Directed: MP High Court Reiterates
In a matter where several police constables were suspended over refusal to join the Police Department's music band, Madhya Pradesh High Court has asked three suspended constables from Morena to immediately sign up for band training.The single-judge bench of Justice Anand Pathak took note of its earlier order in May that dismissed a similar petition, and mandated compulsory contribution in...
Madras High Court Quashes Proceedings Against Former DGP For Allegedly Forwarding Offensive WhatsApp Message About MK Stalin
The Madras High Court has quashed the criminal proceedings initiated against R Natraj, former DGP and ex-MLA for allegedly forwarding an offensive message about CM MK Stalin in a WhatsApp Group. Justice G Jayachandran was inclined to quash the proceedings after Natraj expressed regret for his conduct and informed the court that he was willing to circulate the affidavit filed...
Uploading Of Empaneled Lawyers' Fee Bills On 'Online Single Window System' Must Be Made Smooth, Without Glitches: Delhi High Court
The Delhi High Court has observed that uploading of fee bills of government empaneled lawyers on the Online Single Window System (OSWS) portal set up by the Delhi Government should be made smooth and without any glitches. “The said system ought to become a model for clearance of fee bills of the lawyers so that substantial paper work of the government officials in various departments may...