High Courts
Mere Pendency Of Title Suit No Grounds For Discharge From Offense Of Theft Without Establishing Possession, Malicious Intent Of Complainant: Jharkhand HC
The Jharkhand High Court has ruled that the mere pendency of a title suit does not justify discharging an individual from a theft offense unless a competent court has ruled that the accused was in possession and that the case was lodged maliciously by the informant.Justice Gautam Kumar Chaoudhary observed, “Having considered the submissions, this Court is of the view that mere pendency of...
Loopholes In System Must Be Addressed: Gujarat High Court Slams Traffic Police, Transport Dept For Allowing Operations Of Over-Capacity Vehicles
The Gujarat High Court on Monday issued a stern rebuke to the traffic police and Transport Department for permitting illegal vehicles exceeding their capacity to operate on state and city roads. The court condemned the authorities for prioritising personal gain and directed the state government to assign responsibility to officials in cases of major road accidents.Justice Sandip Bhatt...
Approaching HC Under Article 226 To Report Cognizable Offence Is Not Appropriate Remedy, Petitioner Must First Register FIR Or File Complaint: Jharkhand HC
The Jharkhand High Court has held that if a cognizable offence has been committed and the petitioner feels that a First Information Report (FIR) needs to be registered, he can be the informant and get an FIR registered at the police station or file a complaint before a competent court. The Court emphasized that there are ample provisions in the Code of Criminal Procedure to address...
Long-Term Consensual Love Affair Which Did Not Culminate In Marriage Doesn't Entitle Girl To File Rape Case: Madhya Pradesh High Court
Madhya Pradesh High Court recently iterated that sexual acts during the course of a long-term relationship cannot be equated with physical relations occurring on the false pretext of marriage, merely because the lovers got separated later. The single judge bench of Justice Sanjay Dwivedi explained that there are relationships between young boys and girls, accompanied with...
'Unfortunate Situation': Punjab & Haryana High Court Flags Lackadaisical Attitude Of Union Govt In Complying With AFT Orders
The Punjab & Haryana High Court has expressed "its deep disappointment and anguish towards the lackadaisical attitude" of the Union Government authorities for not complying with the Armed Forces Tribunal (AFT) orders.The development came while hearing a plea of a widow of retired army personnel seeking directions to the Union Government to implement AFT Chandigarh's direction to grant...
Breaking- Delhi Riots: High Court Orders CBI Investigation Into Death Of Man Forced To Sing National Anthem
The Delhi High Court on Tuesday transferred to Central Bureau of Investigation (CBI) the investigation into the death of 23 year-old Faizan, who was allegedly forced to sing national anthem during the 2020 North-East Delhi riots.Justice Anup Jairam Bhambhani allowed the plea moved by Kismatun, Faizan's mother, seeking SIT investigation into her son's death. The plea was filed in 2020.“I...
Kerala High Court Commutes Death Sentence Of Man For Murdering 3 & 7 Yr-Old Nephews, Imposes 30-Yr Rigorous Imprisonment Sentence
The Kerala High Court has commuted the death penalty imposed upon Thomas Chacko alias Shibu to 30 years of rigorous imprisonment without remission for murdering his nephews aged 3 and 7. The Court also imposed a fine of rupees 5 lakh upon the accused which shall be paid to the mother of the deceased children.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam...
"License Suspended Straightaway Without Issuing Improvement Notice": Madras High Court Stays Suspension Of KFC Operator's License In Thoothukudi
The Madras High Court has stayed an order passed by the Tamil Nadu Food Safety and Drug Administration Department suspending the license of Sapphire Foods India Ltd, operators of the fast-food chain KFC in Thoothukudi. Justice GR Swaminathan agreed with the petitioners and observed that the order was liable to be dealt with on several grounds. The court noted that as per the...
Re-Examine CCS Rule Denying Maternity Leave To Female Govt Servant Having More Than Two Children: Delhi High Court To Authorities
The Delhi High Court has said that it expects the government authorities to re-examine the sustainability of Rule 43 of the CCS(Leave) Rules which denies maternity leave to a female government servant if she has more than two surviving children. “In order to achieve success in population control, the government may take any appropriate innovative steps in order to dissuade the citizens...
To Attract Applicability Of Section 324 IPC, Voluntary Hurt Must Be Caused By 'Dangerous' Instrument Which Can Cause Death: Jharkhand High Court
The Jharkhand High Court has ruled that to attract Section 324 of the Indian Penal Code (IPC), voluntary hurt must be caused by instruments of shooting, stabbing, or cutting. The court noted that the use of such instruments can definitely cause death.Justices Ananda Sen and Subhash Chand observed, “Section 324 of the Indian Penal Code provides for punishment for voluntarily causing hurt...
Concerning That Law Students Are Fighting In Such A Manner: HC Declines Anticipatory Bail To Delhi University Student Accused Of Assaulting Peers
While refusing anticipatory bail to a law student involved in a fight against other students, the Delhi High Court expressed its dismay at the incident and remarked “It is quite unfortunate that the complainant as well as the petitioner party who are law students have indulged in the fight. It is a matter of great concern that the students of law are fighting in such a...
[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court
The Bombay High Court has held that under Section 9-A CPC (now repealed by the CPC (Maharashtra Amendment) Act, 2018), a Trial Court cannot frame an issue which has the effect of disposing of the suit only in part.The Court clarified that if consideration of a preliminary issue was pending on the date of commencement of the Amendment Act, 2018, the issue could be decided by the court as...