All High Courts
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...
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...
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...
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...
'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...