High Courts
Orissa High Court Grants Bail To Lawyer-Friend Of Army Major Allegedly Assaulted By Police, Criticizes Lower Court's "Format Order"
The Orissa High Court granted bail to the female friend of an Army Major on Wednesday, who was allegedly subjected to custodial torture and was arrested subsequent to a broil with police personnel of Bharatpur police station in Bhubaneswar.After taking up the matter urgently for hearing, the Single Bench of Justice Aditya Kumar Mohapatra came down heavily upon the police personnel for assault...
Inquiry U/S 116(2) CrPC Must Be Carried Out In A Similar Manner To Summons Trial: Kerala High Court
The Kerala High Court held that the provision in Section 116(2) of the Code of Criminal Procedure (Cr.P.C) which says that the recording of evidence and conduct of trial in an inquiry under Section 116 shall be done 'as nearly as maybe practicable' in the manner of a summons trial would mean that the essentials of summons trial should be followed in such an inquiry.Justice A....
Casualness By Authorities In Passing Detention Order Mocks Constitution: J&K High Court Quashes Detention Of Zee News Urdu Bureau Chief
The Jammu and Kashmir and Ladakh High Court on Tuesday quashed the preventive detention of Talib Hussain, Bureau Chief of Zee News Urdu, remarking that the "casualness and callousness" shown by the authorities in passing mechanical detention orders mocked the Constitution of India.Criticizing the misuse of preventive detention powers and lamenting the disregard for constitutionality in...
Defamatory Posts On Social Media Amount To "Cyber Defamation" U/S 499 IPC, Law Making It 'Cognizable' Offence Will Be Effective: Kerala HC
The Kerala High Court has held that defamation through statements or posts on Facebook and other social media platforms comes under cyber defamation, thus justifying invocation of Section 499 of the IPC, which deals with defamation.In the facts of the case, the Court stated that even excluding the Facebook posts, the petitioner is liable under Section 509 (insulting modesty of woman) of the...
MP High Court "Shocked" At Police Support To Accused In A Rape Case, Suspects "Deliberate" Rise In Improper DNA Tests In Multiple Rape Cases
The Madhya Pradesh High Court has expressed "shock" at a rape case where conduct of the Police during investigation exhibited "support" to the accused.The bench of Justice G.S. Ahluwalia, while dealing with the anticipatory bail application of an accused involved in gang rape and other charges, observed,“It is really shocking that on one hand, rape on a girl is not only a heinous offense,...
Delhi High Court Denies Bail To British National Jagtar Singh Johal In Murder, UAPA Cases
The Delhi High Court has denied bail to British national Jagtar Singh Johal in seven murder and UAPA cases being probed by the National Investigation Agency (NIA).A division bench comprising Justice Prathiba M Singh and Justice Amit Sharma dismissed the bail appeals filed by Johal in the UAPA cases alleging series of targeted killings during 2016-2017 in Ludhiana and Jalandhar Districts...
Delhi Is Of Migrants, Benefit Of Reservation To Any Category Can't Be Denied: High Court
The Delhi High Court has recently held that the national capital, being a Union Territory, is of migrants and benefit of reservation to any particular category cannot be denied.“It is also not in dispute, NCT of Delhi being Union Territory for all purposes, except for running administration, is of migrants, therefore, benefit of reservation to any category cannot be denied,” a division...
Both Parties Are Entitled To Get The Benefit Of The Latter Part Of Section 34(3) While Computing The Period Of Limitation: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar, while hearing a Section 34 petition, has held that any party can benefit from the second part of Section 34(3) when calculating the limitation period. The statute's language does not specify who should request under Section 33. Therefore, the benefit of calculating the limitation period from the date of disposal of the Section...
Proving Electronic Evidence With Certificate Not Required If Other Corroborating Evidence Is Sufficient To Prove Guilt: P&H High Court
The Punjab & Haryana High Court has upheld the conviction of the accused in a dacoity and murder case, observing that even if there is non-compliance with Section 65-B of the Evidence Act in proving electronic evidence, the same will not be a ground to set aside the conviction.The bench upheld the conviction awarded by the trial court which convicted the accused persons on the basis of...
Bombay High Court Grants Bail To Trustees Booked For Providing 'Bogus' Doctors To BMC-Run Hospital
The Bombay High Court recently granted bail to a doctor and trustees of a Trust that supplied 'bogus doctors' to a Brihanmumbai Municipal Corporation (BMC) hospital situated in Mumbai's Mulund area, wherein 149 people allegedly died from 2018 till May 2023.Single-judge Justice Manish Pitale granted bail to Dr Sushan Jadhav, Birendra Yadav and Deepak Jain - all booked under charges of...
Driving Vehicle Without Number Plate Not 'Cheating' U/S 420 IPC: Telangana High Court
While quashing a cheating case registered against a two wheeler driver, the Telangana High Court said that the allegation of driving a vehicle without a number plate does not attract Section 420 IPC. A single judge bench of Justice K. Sujana noted that the sole allegation against the accused–of driving without a number plate, does not fall under the purview of Section 420 (Cheating...
Non-Payment Of Maintenance Dues By Association Member Is Unjustified, Hinders Welfare Of Other Members: Karnataka High Court
The Karnataka High Court has upheld a trial court order decreeing a suit filed by an Apartment Owners Association, seeking to recover the outstanding maintenance dues from one of its defaulting members.A single judge bench of Justice M G S Kamal allowed the appeal filed by M/s.Shangrila Flat Owners Association challenged the order of the first appellate court which had allowed the appeal filed...