ED Misused Its Powers To Arrest, Acted As Per Its Whims & Fancies: Bombay High Court Grants Bail To Accused In PMLA Case

The Bombay High Court last week while granting bail to a man arrested by the Enforcement Directorate (ED) observed that the anti-money laundering agency "misused" its powers of arrest and acted as per this own "whims and fancies."A division bench of Justices Revati Mohite-Dere and Prithviraj Chavan slammed the ED for arresting the petitioner Deepak Deshmukh in a predicate offence lodged way...

BJP MLAs Move Delhi High Court For Tabling Of 12 CAG Reports On 'Finance, Pollution, Liquor' Before Assembly, Plea Listed On Tuesday

The Delhi High Court on Monday (October 28) permitted the listing of a plea on Tuesday moved by various BJP leaders seeking a direction to the Delhi government to send 12 CAG reports pertaining to "Finance, pollution, administration and liquor" to Lieutenant Governor VK Saxena for presenting the same before the Legislative Assembly.The petition was mentioned for listing by senior advocate...

Every Nude Painting Or Depiction Of Sexual Intercourse Poses Is Not Obscenity: Bombay High Court Slams Customs For Confiscating Paintings

The Bombay High Court recently while ordering the release of the paintings of renowned artists Francis Newton Souza and Akbar Padamsee, held that every nude painting or painting depicting some sexual intercourses poses cannot be styled as obscene.A division bench of Justices Mahesh Sonak and Jitendra Jain noted that the decision of the Assistant Customs Commissioner (ACC) in Mumbai, was...

Allahabad HC Orders Potency Test Of Accused Who Claimed That 'Depressed' Wife Died By Suicide As She Was Unable To Conceive

Observing that a woman should not always be blamed for being unable to conceive as sometimes, the issue may lie with the man, the Allahabad High Court recently directed a man, booked for the dowry death of his wife, to undergo a potency test. A bench of Justice Shekhar Yadav directed the Additional Government Counsel to conduct a potency test (पौरूष परीक्षण) of...

When Muslim Wife Disputes Issuance Of Talaq, It Is Upon Husband To Obtain Judicial Declaration For Dissolution Of Marriage: Madras High Court

The Madras High Court recently held that when a wife disputes the issuance of talaq by the Muslim husband, it is upon the husband to obtain a judicial declaration that marriage was validly dissolved. Justice GR Swaminathan noted that Talaq under Muslim personal laws involved a certain procedure which had to be strictly complied. The court thus observed that if the husband claimed to...

Karnataka HC Directs MHA To Fix Time Frame To Be Followed By Authorities For Serving Notice On Foreigners/Indian Nationals Staying Abroad

The Karnataka High Court has directed the Union Ministry of Home Affairs to fix a time frame for authorities like the Under Secretary (Legal), Internal Security-II Division, and the concerned embassy of the Republic of India in a foreign country to respond when a request is made for service of notice issued by a court or competent authority on a person residing abroad, whether a foreign...

Arbitration Act | New Evidence Cannot Be Adduced At S.37 Stage, Bar Of Limitation U/S 34(3) Is Attracted: Allahabad HC

The Allahabad High Court Bench of Justices Mahesh Chandra Tripathi and Prashant Kumar, held that the amendment obtained or raising fresh grounds virtually amounts to file a fresh appeal and would be barred by limitation as laid down under Section 34(3) of the Arbitration Act. Hence, it is not open for the appellant to raise any new ground or adduce any fresh evidence in an appeal under Section...

So Far 26 FIRs Registered Based On Justice Hema Committee Report: State Tells Kerala High Court

The Kerala government today informed the High Court that 26 FIRs have been registered based on the Justice Hema Committee Report, pursuant to Court's direction to the Special Investigating Team (SIT) to take necessary action as per Section 173 of the Bharatiya Nagarik Suraksha Sanhita, 2023.The State Government submitted the SIT's Action Taken Report to the Special Bench, Justice A....

Negligent Litigant Who Didn't Enquire About Status Of Case Not Entitled To Condonation Of Delay: Allahabad High Court

The Allahabad High Court dismissed a First Appeal From Order (FAFO) under Section 173 of the Motor Vehicles Act, 1988 filed with a delay of 3107 days as the appellant, sole proprietor of the transport company, failed to inquire about the status of the case.Justice Rajnish Kumar held that “A litigant, who is such negligent that he/she would not inquire for the status of case for such a...

Rajasthan HC Seeks Identity Of 'Intruder' Who Caused Chaos In Online Proceedings, Directs Admin To Modify VC System To Filter Participants

After an unwelcomed intruder interrupted the online open court proceedings by passing scathe and scurrilous comments, the Rajasthan High Court, asked the Registrar General and Registrar-cum-CPC to ascertain his identity and to explore possibilities of modifying the Webex Meeting System so that a person could not enter the online Court proceedings without the permission of the...

Right To Live With Dignity Includes Being Able To Fulfil Marital Vows Towards Spouse Taken During Saptapadi Ceremony: Rajasthan High Court

Rajasthan High Court has ruled that Article 21 includes the right to live with dignity as a human being which necessarily also entailed to act as a good husband in terms of marital vows taken during the saptapadi ceremony as per Hindu rituals.The bench of Justice Arun Monga was hearing a petition by the accused who was in judicial custody for last 2 years in relation to multiple FIRs for...

Impermissible To Use Section 45 Of PMLA As Tool For Incarceration When Delay In Trial Not Attributable To Accused: Delhi High Court

The Delhi High Court has held that keeping an accused in custody by using Section 45 of PMLA as a tool for incarceration is not permissible where the delay in trial is not attributable to the accused.“Flow of liberty cannot be dammed by Section 45 without taking all other germane considerations into account. It is the duty of Constitutional Courts to champion the constitutional cause of...