High Courts
When Eyewitness Testimony Is Credible, Proving Motive Behind Offense Is Not Necessary: Jharkhand High Court
The Jharkhand High Court has held that when there is an eyewitness who has seen the commission of murder and their evidence is credible, it is not necessary for the prosecution to prove the motive behind the offence.“When there is eye witness, who had seen the commission of murder and their evidence is credible, it is not necessary that the prosecution has to prove the motive behind...
Kerala High Court Grants Bail To 23-Yr-Old Unmarried Woman Accused Of Murder For Throwing Her Infant From Building To Conceal Birth
The Kerala High Court has granted bail to a 23-year-old woman who had been in judicial custody for 80 days for allegedly throwing her infant child from her apartment building onto the road in an attempt to conceal the birth.Justice C.S. Dias considered the fact the petitioner was an unmarried young lady who was a rape victim. The Court ordered thus: “ On an overall consideration of the...
Writ Petitions Do Not Lie Against Show Cause Notices Unless It Transcends Jurisdiction, Is Issued With Premeditated Mind: J&K High Court
Quashing an order of cancellation of a lease deed after issuing a premeditated show cause notice the Jammu and Kashmir and Ladakh High Court has emphasised that a writ petition does not ordinarily lie against a show cause notice unless it is issued with a premeditated mind.In allowing a plea against the lease agreement cancellation by the respondent Jammu Development Authority (JDA) which was...
Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court
The Jammu & Kashmir and Ladakh High Court recently held that the scope of an appeal against an award passed under the Employees Compensation Act is significantly limited, being permissible only if a substantial question of law is involved.Justice Javed Iqbal Wani while adjudicating the matter observed, "an appeal against the order awarding compensation and against an order awarding...
CRPF Rules | Essential To Establish Actual Service Of Notice To Delinquent Personnel Before Ordering Dismissal From Force: J&K High Court
The Jammu & Kashmir and Ladakh High Court has ruled that it is essential to establish proof of “actual service of notice” to delinquent personnel before ordering their dismissal from the force.Justice Javed Iqbal Wani while hearing the matter, noted, "The fundamental principles of natural justice cannot be compromised. It is essential that the procedural rules are strictly followed...
Procedure For Service Of Summons On Corporate Bodies/Firms | Allahabad HC Explains Difference Between S. 63 CrPC & S. 65 BNSS
In light of the provision contained under Section 65 of the recently introduced Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the Allahabad High Court earlier this month observed that summons of a company or corporation could now also be served through the Director, apart from the Manager, Secretary, and other Officers of the company, including the firm's partner. A bench of...
[KAAPA] Detention Order Can Be Quashed If Representation Of Detenu Is Not Considered In Timely Manner: Kerala HC
The Kerala High Court held that if the Government fails to consider the representation of a person put in preventive detention under the Kerala Anti-Social Activities Prevention Act (KAAPA) in a prompt manner, his right guaranteed under Article 22(5) is violated and due to this reason, the detention order can be quashed.Article 22(5) of the Constitution says that every person who is...
Frivolous, Clogs Criminal Justice System: Karnataka HC Stays Proceedings Against Man Accused Of Wrongfully Holding Missing Cat In His House
The Karnataka High Court on Monday stayed further proceedings against a man against whom a case is registered claiming he was holding the cat of the complainant in his house. A single-judge bench of Justice M Nagaprasanna granted interim relief to petitioner Taha Husain. It said, “There shall be an interim order of stay of the further proceedings in C.C.No.13477/2022, till the...
Criminal Antecedents, Facebook Posts Reveal Disrespect For Law: MP High Court Directs For Juvenile To Be Tried By Children's Court
In a matter involving the offence of murder, Madhya Pradesh High Court has allowed a plea for trying a juvenile before the Children's Court, after taking into account his criminal antecedents and Meta (formerly known as Facebook) posts about dominating others. The single judge bench of Justice Subodh Abhyankar held that any leniency shown to the accused will only 'promote his...
Plea In Madras High Court Seeks Regulation Of YouTube To Bring It In Conformity With Indian Laws, Social And Religious Restrictions
A Public interest litigation has been filed in the Madras High Court seeking to regulate and restrict the functioning of YouTube and bring it in conformity with Indian laws, and social and religious restrictions including forming a regulatory or advisory committee. When the matter was taken up, the bench of Acting Chief Justice D Krishnakumar and Justice K Kumaresh Babu said that...
Accused Cannot Unilaterally Ask Victim Or Witnesses To Undergo Narco Analysis/ Lie Detection Test To Prove Defence Case: Kerala High Court
The Kerala High Court has held that an accused cannot unilaterally demand the victim or witnesses to subject themselves to lie detection tests like Narco Analysis Test or Polygraph Test to prove defense case.The petitioner, who is the first accused in a sexual assault case has approached the High Court for conducting lie detection test on the minor victim and her parents to prove his...
Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court
In a significant ruling, the Bombay High Court has held that allegations of ill-treatment made by a man against his own family members will not fall within the ambit of section 498A (domestic violence) of the Indian Penal Code (IPC).A division bench of Justices Ajay Gadkari and Dr Neela Gokhale noted that in the instant case, the First Information Report (FIR) was lodged by a woman along with...