High Courts
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...
Jharkhand High Court Weekly Roundup: July 15 - July 21, 2024
Nominal Index [Citations: 2023 LiveLaw (Jha) 112-116]Smt. Meena Kumari Sinha v. M/s Maruti Suzuki India Ltd. & Ors. 2024 LiveLaw (Jha) 112XXX vs The State Of Jharkhand 2024 LiveLaw (Jha) 113Budhuwa Oraon V. .Ghura Oraon 2024 LiveLaw (Jha) 114 Ravi Shankar Mishra vs Union of India through Ministry of Home Affairs And ors 2024 LiveLaw (Jha) 115Shankar Singh V. The State of Jharkhand...
'FIR Lodged With Sadistic Intent': Punjab & Haryana High Court Imposes 1 Lakh Cost On Woman For Filing Cruelty Case Against 100% Disabled In-Laws
Expressing "shock at the utter callousness of the complainant", the Punjab & Haryana High Court has imposed an exemplary cost of Rs.1 lakh on a woman for lodging a complaint of physical cruelty against 100% disabled mother-in-law and father-in-law.The Court noted that the woman alleged that her in-laws who were found to be completely disabled, ran after her and hit her with a stick....
Calling New Criminal Laws By Abbreviations BNSS, BNS & BSA Not Illegal, Hard To Pronounce Titles Cause Lingual Barrier: Punjab & Haryana High Court
In a first, the Punjab & Haryana High Court has said that it will not be "violation of any law" if the new criminal laws will be called by their abbreviations i.e BNSS, BNS, BNA instead of using the complete titles in FIR, Petitions and orders to simply lengthy Hindi terminology.Justice Anoop Chitkara opined that, "creating a shared linguistic space for people with different...
Gujarat High Court Upholds SAD Refund For Betel Nuts, Rules No Distinction Between Industrial And Edible Varieties
The Gujarat High Court has upheld the decision of the Customs, Excise & Service Tax Appellate Tribunal (CESTAT) allowing the refund of Special Additional Duty (SAD) on betel nuts. The court observed that there is no distinction between industrial grade betel nuts and edible supari.The division bench comprising Justices Bhargav D. Karia and Niral M. Mehta ruled, “Considering the facts of...
Object Of Introduction Of Faceless Assessment Stands Defeated If Show Cause Notice U/s 148 Is Issued By Jurisdictional AO: Punjab & Haryana HC
While pointing that scheme of faceless assessment is applicable from the stage of show cause notice u/s 148 as well as 148A, the Punjab & Haryana High Court ruled that notice u/s 148 cannot be issued by Jurisdictional Assessing Officer after introduction of faceless assessment scheme. Since the Revenue Department had issued show-cause notice u/s 148 relying on the Board's...
S. 311 CrPC | Recall/Re-Examination Of Witness Not Permissible In Absence Of Tangible Reasons: Meghalaya High Court
Observing that a recall/re-examination of witness(es) is not permissible in the absence of tangible reason, the Meghalaya High Court on Monday (July 22) set aside the trial court's order which had permitted the prosecution to re-examine the complaint without specifying the requirement of recalling. The bench comprising Justice B. Bhattacharjee observed that the witness could not be...
'Deposit ₹25K With UP Gau Sewa Ayog': Allahabad HC Imposes Bail Condition On 4 Men Allegedly Arrested With 70KG Cow Beef
The Allahabad High Court recently granted bail to 4 accused booked under the UP Prevention of Cow Slaughter Act while imposing a condition requiring each accused to deposit ₹25,000 with the Uttar Pradesh Gau Sewa Ayog.A bench of Justice Karunesh Singh Pawar imposed this condition earlier this month while granting bail to 4 accused (Shabbir, Mohammad Alam, Mohammad Khalid and Asgar) booked...
Kerala High Court Weekly Round-Up: July 16 – July 21, 2024
Nominal Index [Citations: 2023 LiveLaw (Ker) 437-458]Remya Haridas v State of Kerala and Others, 2024 LiveLaw (Ker) 437Abdul Razak v Union of India, 2024 LiveLaw (Ker) 438Vivek Joy v State of Kerala & Connected Case, 2024 LiveLaw (Ker) 439Soman T. N. v Additional District Collector and Others, 2024 LiveLaw (Ker) 440Joby George v Siby Valloran, 2024 LiveLaw (Ker) 441Sajith Shyam v State...
Merely Being Customers In A Bar Where Women Are Dancing Does Not Attract Offense Of Obscenity: Bombay High Court
Mere presence as customers in a bar where women are dancing in an obscene manner, will not attract offences of obscenity or abetting any crime/obscene act, the Bombay High Court held recently.A division bench of Justices Ajay Gadkari and Shyam Chandak pronounced the ruling while quashing a First Information Report (FIR) against four Ahemdabad-based men, who were booked from a Bar in South...
CPC | Nature Of Issues Crucial To Attract Applicability Of Section 10, Not Nature Of Relief Sought: J&K High Court
Emphasising the importance of the nature of issues in civil suits the Jammu and Kashmir and Ladakh High Court has ruled that its not the nature of relief being sought but the nature of issues which are involved in the two suits that are crucial to attract applicability of Section 10 of the CPCA bench comprising Justice Sanjay Dhar has explained that if the matter in issue in the subsequent...
Allahabad HC Seeks UOI's Reply On PIL Challenging Its Move To Observe June 25 As 'Samvidhaan Hatya Diwas'
The Allahabad High Court has sought a response from the Union of India (UOI) on a Public Interest Litigation (PIL) plea challenging the government's decision to observe June 25 as 'Samvidhaan Hatya Diwas' every year. The PIL, moved by Jhansi-based practising advocate Santosh Singh Dohrey through Advocate Braj Mohan Singh, seeks quashing of the Union Government's notification, published in...