High Courts
"Liberty Is Sacrosanct, Must Be Safeguarded Under Law": High Court Grants Bail To Accused In Shillong Police Bazar IED Blast Case
The Meghalaya High Court granted regular bail to the accused who was arrested by the Police in connection with a low-intensity bomb blast that occurred in Shillong's Police Bazar in the year 2022. The Court granted bail after noting that the accused was under custody for two and half years and there was a bleak chance to get the trial completed as a substantial number of witnesses are yet to...
Service Bond Is Not A Contract Of Employment, Delhi High Court Upholds ESIC's Decision To Reduce Bond Period From Five/Three Years To One Year Post Qualification
The Delhi High Court has dismissed a batch of petitions filed by the Petitioners challenging the common order of the Central Administrative Tribunal (CAT) which upheld the decision of Employees State Insurance Corporation (ESIC) Dental College and Hospital in Rohini, Delhi. ESIC had reduced the service bond period to one year From Five/Three Years after attaining the qualification as per...
Telangana High Court Dismisses Wife's Plea To Transfer Divorce Case To Hyderabad, Cites Free Public Transport Facility For Women
The Telangana High Court dismissed a woman's plea seeking transfer of the divorce proceedings from Nirmal to Hyderabad after noting that free public transport is available to women in the state.The high court passed the order in a petition filed by the wife, seeking transfer of the divorce proceedings from the civil judge's court in Nirmal district to either the family court in R.R. District...
Offence Committed In Foreign Country Can Be Treated As Predicate Offence Under PMLA When Proceeds Of Crime Travels To India: Delhi HC
The Delhi High Court has held that an offence committed in a foreign country under laws of that nation can be treated as a predicate offence under PMLA if it has “cross border implications” and the proceeds of the crime have travelled to India. Perusing various provisions under PMLA and Part C of the Schedule, Justice Vikas Mahajan said:“…if an offence has been committed in a...
All Officers Instructed To Scrupulously Enforce S.193 BNSS, Intimate Investigation Progress To Informant: Maharashtra Police Tells High Court
The Bombay High Court was last month informed that the Maharashtra government has issued a circular instructing all the police officers across the State to 'scrupulously' implement the provisions of the newly enforced Bharatiya Nagarik Suraksha Sanhita (BNSS), which mandate the investigating officer to update the progress of the probe to the complainant, within 90 days of the registration of...
Money Laundering Includes Every Activity Dealing With Proceeds Of Crime, Not Limited To Final Act Of Integrating Money Into Economy: Madras HC
The Madras High Court recently observed that Section 3 of the Prevention of Money Laundering Act had wider reach and that money laundering would include any activity or process of dealing with proceeds of crime, either directly or indirectly. The court made it clear that the offence was not limited to the final act of integrating tainted money into the economy. Justice SM Subramaniam...
IO Can't Be Forced To Get Statement Of A Particular Witness Recorded U/S 183 BNSS: Allahabad High Court
The Allahabad High Court has observed that it is the investigating agency's prerogative to sponsor the witness whose statement they want to record under Section 183 Bharatiya Nagarik Suraksha Sanhita 2023 [Recording of confessions and statements] and that an IO could not be forced to get the statement of any witness recorded under the said provision. Section 183 of BNSS is almost in...
Proceedings U/S 12 DV Act Not Strictly Criminal In Nature, Bar Preventing Magistrates From Revoking Their Own Orders Is Not Applicable: J&K HC
The Jammu and Kashmir and Ladakh High Court has clarified that proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (D.V. Act) are not strictly criminal in nature. Consequently, the bar preventing Magistrates from revoking or cancelling their own orders is not applicable in these cases, it added.In his pronouncement on the nature of proceedings under the...
Habeas Corpus Plea For Accused In Judicial Custody By Order Of Competent Court Not Maintainable: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that a habeas corpus plea seeking the release of the accused, who is in judicial custody by virtue of an order passed by a court of competent jurisdiction, and, whose regular bail application has also been dismissed by the trial Court concerned, is not maintainable.Justice Kuldeep Tiwari refused to entertain the habeas corpus plea of a man, who...
Karnataka High Court Quashes Case Filed Against NCPCR Chief For Allegedly Trespassing Into Orphanage, Passing Derogatory Remarks
The Karnataka High Court on Wednesday quashed the prosecution initiated against National Commission for Protection of Child Rights (NCPCR) chief Priyank Kanoongo, for allegedly trespassing into a Muslim orphanage and comparing the living conditions there with life under Taliban rule. A single judge bench of Justice M Nagaprasanna allowed Kanoongo's quashing petition. Detailed order...
[Voidable Marriage] 'Material Fact' U/S 12 HMA Includes Any Fact Which If Disclosed Results In Either Parties Not Consenting To Marriage: High Court
The Lucknow bench of the Allahabad High Court has said that a “material fact” for declaring a marriage voidable under Section 12 of the Hindu Marriage Act would include any fact, which would be relevant to the consent given for a marriage and which if disclosed, would result in either of the parties not consenting to the marriage. It further said that such a material fact must pertain to...
Adultery Not An Obstacle For Granting Custody To Mother Of Minor Child: Punjab & Haryana High Court
The Punjab & Haryana High Court has said that a mother entering into adultery is not an obstacle for her to receive custody of a minor child as she is still capable of giving motherly love to her children.The Court directed the husband to restore the custody of the wife's two minor children during the pendency of the plea while remanding the matter back to the Family Court.Justice...