All High Courts
Allahabad High Court Acquits Murder Convict Who Spent Over 7.5 Yrs In Jail, Grants ₹1 Lakh To Him As Compensation
The Allahabad High Court last week acquitted one Hafeez Khan, who had been convicted by the Sessions Court in March 2019 in a murder case of a woman, as it noted that there was absolutely no evidence against him. The Court also granted him Rs. 1 Lakh as a 'token of compensation' for the 'injustice' done to him since he had to spend more than 7.5 years in jail. “Now that this...
'Unjust Inclusion In Chargesheet': Rajasthan HC Quashes Corruption Case Against Development Officer's 100 Yrs Old Father, 96 Yrs Old Mother
The Rajasthan High Court recently quashed a decade old charge under the Prevention of Corruption Act against a man's 100-year-old father, 96-year-old mother and wife after noting that no significant evidence had been brought out against them by the prosecution in last 10 years, and that they were included in the charge sheet in an unjust manner. Taking note of the parents old age, single bench...
No Case Of Sexual Assault Made Out At This Stage, Delay In Lodging Complaint: Prajwal Revanna To Karnataka HC For Bail, Verdict Reserved
Suspended Janta Dal (S) leader Prajwal Revanna while arguing his bail plea in a sexual assault case told the Karnataka High Court on Thursday that at this stage no allegations were made out against him, adding that there was a delay in lodging of complaints in the matter. After hearing the arguments from the parties, a single judge bench of Justice M Nagaprasanna went on to reserve its verdict...
S. 2(h) Orissa Entry Tax Act | Tractor Trolley Not 'Motor Vehicle' & Not Amenable To Entry Tax: High Court
The Orissa High Court has held that tractor trailer/trolley is not a 'motor vehicle' as per Section 2(h) of the Orissa Entry Tax Act, 1999 ('OET Act') and therefore, not amenable to entry tax as per the said statute.Interpreting the meaning of 'motor vehicle' as per the Motor Vehicles Act, 1988 ('MV Act') as well as the OET Act, the Division Bench of Justice Arindam Sinha and Justice...
Gravity Of Offence Should Not Be Considered When Hearing Bail Plea Of Juvenile Sexual Assault Accused: Madhya Pradesh High Court
The Madhya Pradesh High Court at its Indore bench, granted bail to a 14-year-old juvenile accused of sexual assault under IPC Section 376(ab) and the POCSO Act. Justice Sanjeev S. Kalgaonkar presided over the case and stated that the fundamental principles of care and protection of children as per Section 3 of the Juvenile Justice Act, included the presumption of innocence, dignity and...
Safeguard U/S 50 NDPS Act Pertaining To Manner Of Search Crucial In Protecting Individual From Coercive Police Action: Rajasthan High Court
While granting bail to a man booked under the Narcotic Drugs and Psychotropic Substances Act for non compliance of Section 50 by the police while conducting search, the Rajasthan High Court said that the safeguard provided under the section is significant in protecting a person from coercive police action. For context, Section 50 of the Act pertains to the conditions under which search of...
Motor Accidents Claims Tribunal Can Review Its Order If Obtained Through Fraud Or Misrepresentation: Rajasthan High Court
Rajasthan High Court has ruled that even though a Motor Accidents Claims Tribunal (“the Tribunal”) does not have the power to review its own order under CPC if it is convinced that an order passed by it was obtained through fraud or misrepresentation, it is empowered to recall the order via a review of that order.A bench of Justice Rekha Borana was hearing a petition against an order of...
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....
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...