All High Courts
Teething Problems Bound To Occur But Robust Judicial System Will Meet All Challenges: Bombay HC Chief Justice On Enforcement Of New Criminal Laws
Chief Justice Devendra Kumar Upadhyaya of the Bombay High Court recently expressed confidence in the robustness of the judicial system to meet challenges in implementing the new criminal laws, which have come into force today.“It is not only a challenge to the judiciary, but to the investigating agencies, to the public prosecutors, to the lawyers community, everyone. But I am confident that...
Calcutta High Court Imposes 10K Cost On Litigants For Filing 'Fake' Post-Poll Violence Case
The Calcutta High Court has imposed a fine of Rs 5000 each on a petitioner and defendant for filing a fake case relating to post-poll violence in West Bengal in the aftermath of the Lok Sabha Elections 2024.A single bench of Justice Amrita Sinha imposed the total cost of Rs 10,000 when the parties had approached the court seeking to withdraw their case.During the hearing of the case, the...
Rahul Gandhi Citizenship Issue In Allahabad HC | 'Enough! You Have Tested Our Patience' : Bench Rises Over Lawyer's Incessant Arguments
In a dramatic turn of events at the Allahabad High Court, the proceedings in a PIL Plea concerning Congress Leader Rahul Gandhi's citizenship took an unexpected twist. The bench had to rise after it took exception to the Petitioner's Advocate's incessant arguments.The situation escalated when the Petitioner's Advocate (Ashok Pandey) insisted on continuing his argument, despite a bench of...
[Kerala Protection Of River Banks & Regulation Of Removal Of Sand Act] Loading Stationary Vehicle With River Sand Constitutes 'Transport' U/S 23: High Court
The Kerala High Court has held that the term 'transport' in Section 23 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 (hereafter, Sand Act) cannot be interpreted to mean that the vehicle must be in motion.Justice Bechu Kurian Thomas stated that the term 'transports sand' would mean the removal of sand from the river bed to the lorry and from the lorry to...
Kerala High Court Weekly Round-Up: June 24 - June 30, 2024
Citations: 2024 LiveLaw (Ker) 378 to 2024 LiveLaw (Ker) 396Nominal IndexAmal v State of Kerala, 2024 LiveLaw (Ker) 378Kishore Kumar J V Additional Chief Secretary & Connected Matter, 2024 LiveLaw (Ker) 379Sakeer v State of Kerala, 2024 LiveLaw (Ker) 380The Federal Bank Ltd. V Federal Bank Officer's Association, 2024 LiveLaw (Ker) 381Sharafudheen v State of Kerala & Connected Cases,...
[POCSO Act] Secondary Evidence For Age Determination Of Victim Stands Legally Proven If Not Challenged By Defence During Trial: Patna HC
The Patna High Court has observed that the accused/defence forfeits the right to contest the admissibility of secondary evidence produced by the prosecution for age determination of the victim under the POCSO Act if the defence did not object to the production of such evidence during the trial. Further, the Court emphasised that the consent of the victim is immaterial under the Act and does...
Rajasthan HC Protects Private Land Owners From JDA's Demolition Drive Amid Court Vacation, Cites "7 Sub-Rights" Under Article 300-A
Rajasthan High Court has granted protection to the private land owners by preventing the Jaipur Development Authority (“JDA”) from demolishing their properties as a part of an encroachment removal drive till the time their matter is considered by a regular bench after vacation.Vacation bench of Justice Ashok Kumar Jain was hearing a petition in relation to an order passed by a division...
Lok Adalats Don't Have Adjudicatory Powers: Rajasthan High Court Sets Aside Award Permitting Withdrawal Of Criminal Prosecution
Rajasthan High Court has reiterated that Lok Adalats do not have adjudicatory powers and hence order of a Lok Adalat allowing withdrawal of a criminal prosecution cannot be sustined.The bench of Justice Anil Kumar Upman was hearing petition seeking quashing of an order of the National Lok Adalat that allowed the assistant public prosecutor to withdraw the criminal prosecution in a criminal...
Married Woman Cannot Prosecute Accused For Rape On False Promise To Marry, Her Consent Not Based On Misconception: MP High Court
Madhya Pradesh High Court has ruled that a married woman engaging in a continuous sexual relationship with another man cannot resort to the plea that her consent was obtained based on a false promise to marry.The single-judge bench of Justice Sanjay Dwivedi relied on several apex court judgments to iterate that consent cannot be regarded as one that has been obtained based on a misconception...
[Domestic Violence Act] Permissible Amendments, Additional Reliefs U/S 12 Can Be Sought By Fresh Application U/S 23: Allahabad High Court
The Allahabad High Court has held that amendments and additional reliefs permissible under Section 12 of the Protection of Women from Domestic Violence Act, 2005, would be maintainable in the form of a fresh application under Section 23 of the Protection of Women from Domestic Violence Act, 2005.“Where in the application under Section 12, permissible amendment in view of subsequent...
"Members Of LGBTQ+ Community Vulnerable Within Jail": Bombay High Court Grants Bail To Man Accused Of Trafficking Child
The Bombay High Court recently granted bail to a man belonging to the LGBTQ+ community booked for trafficking a one year and seven months old child observing that members of the community are vulnerable within prison.Justice Manish Pitale allowed his bail application observing –“This Court is of the opinion that a person belonging to the LGBTQ+ community, who is also HIV positive, can be...
S.138 NI Act | Rajasthan High Court Permits Correction Of Date Of Presentation And Dishonour Of Cheque In Complaint Petition
Rajasthan High Court has allowed a petition seeking amendment in a complaint under Section 138 of the NI Act and affidavit annexed to correct the typographical errors in relation to the dates of presentation and dishonour of cheque.The Court relied upon the Supreme Court case of S.R. Sukumar v Sunaad Raghuram, in which it was held that even if there is no specific provision in CrPC to amend...