All High Courts
Positive Action Of Accused Needed Around Time Of Suicide: P&H High Court Grants Bail To Woman Accused Of Abetting Husband's Suicide
The Punjab and Haryana High Court has granted regular bail to a woman accused of abetting her husband's suicide, observing that the accused must have done some positive act at the time proximate to the occurrence of event.Justice Manisha Batra explained, "in order to bring a case within the provisions of Section 108 of BNS, undoubtedly, there must be a case of suicide and in the commission of...
P&H High Court Directs Haryana DGP To Examine Videos Of Parade Test Amid Allegations Of Bias In Police Promotion Process
The Punjab and Haryana High Court has directed the Director General of Police (DGP), Haryana, to examine whether the parade test conducted for promotion to Head Constable was videographed and to scrutinise the footage to determine if any irregularity occurred in the evaluation process.It was alleged that two selected candidates were in advanced stages of pregnancy at the time of the parade...
Husband's Girlfriend Cannot Be Treated As 'Relative' U/S 498A IPC: Telangana High Court Quashes Case Against Woman
The Telangana High Court, in a recent judgment, has quashed criminal proceedings against a woman arrayed as Accused No.2 in a criminal complaint, reiterating that a girlfriend cannot be construed as a “relative” of the man within the meaning of Section 498A of the Indian Penal Code. Justice Tirumala Devi Eada, while considering a petition seeking quashing of proceedings in a complaint...
Gold Loan Company Can't Keep Stolen Gold Pledged To It, Security Interest No Defence: Karnataka High Court
The Karnataka High Court has observed that a financial company offering loan based on pledged stolen gold cannot defeat the lawful title of the owner whose gold is stolen or impede investigation into FIR pertaining to such alleged acts. The court was hearing a plea by IIFL Finance Limited seeking to quash a notice issued under Section 94 (Summons to produce document or other thing) BNSS by...
Right To Travel Abroad | Mere Pendency Of FIR Or Investigation Can't Justify Prolonged Operation Of LOC: Delhi High Court
The Delhi High Court has observed that mere pendency of investigation or registration of a criminal case cannot justify the prolonged operation of a look out circular against an accused.While quashing an LOC issued against a woman accused in a Rs. 22.5 crore real estate investment dispute, Justice Purushaindra Kumar Kaurav said that mere pendency of investigation cannot justify...
Chhattisgarh High Court Raps Police For Illegal Arrest, Alleged Custodial Violence; Awards ₹1 Lakh Compensation To Arrestee
The Chhattisgarh High Court has come down heavily on police officials for the illegal arrest, alleged custodial violence, and continuous harassment and humiliation meted out to a hotel owner, holding that the unwarranted incarceration resulted in a “serious infringement” of fundamental rights of personal liberty and dignity.While the petitioner was lawfully running his licensed hotel, it...
Just Compensation Paramount: J&K&L High Court Enhances MACT Award Despite No Cross-Appeal By Claimants
The Jammu & Kashmir and Ladakh High Court held that an appellate court can enhance compensation in a motor accident case even in the absence of a cross-appeal or cross-objections by the claimants, if the compensation awarded by the Tribunal is found to be inadequate.A bench of Justice Sindhu Sharma made the observation while dismissing an appeal filed by the Union of India challenging...
Delhi High Court Denies Furlough To Convict Vikas Yadav In Nitish Katara Murder Case, Cites Ineligibility Under Prison Rules
The Delhi High Court today dismissed a petition moved by Vikas Yadav, serving a 25-year jail term without remission for the murder of business executive Nitish Katara in 2002, seeking release on furlough.Justice Ravinder Dudeja reiterated that furlough is a discretionary relief and not an enforceable right.The Court dismissed Yadav's plea challenging the rejection of his application for...
Advocate's Clerk Can Be A Valid Attesting Witness To Will: Gujarat High Court
The Gujarat High Court has held that the mere fact that an attesting witness to a Will is employed as a clerk with an advocate appearing in the matter cannot, by itself, render the witness unreliable or the Will suspicious, particularly when such witness has been examined by the very party seeking to challenge the Will. Justice J.C. Doshi was hearing an appeal filed by Mahesh Natubhai Gamit...
Following Alleged Surge In Missing Person Cases, PIL In Delhi High Court Seeks Recognition Of 'Right To Be Found'
A plea has been filed before the Delhi High Court seeking recognition and enforcement of the “Right to be Found” as an integral facet of the Right to Life, in the backdrop of what has been described as an “unprecedented crisis” of missing persons in the national capital.The petition, filed by NGO Freedom Reclaimed, states that more than 800 persons were reported missing in Delhi...
Compassionate Appointment | 'Feel Sentiment Of Sufferer': Allahabad High Court Invokes Art 51A (g); Quashes PNB's Non-Speaking Order
The Allahabad High Court (Lucknow Bench) recently quashed a one-line order passed by the Punjab National Bank (PNB) rejecting the compassionate appointment claim of a deceased employee's son. While allowing the petition filed by one Abhishek Jaiswal, a bench of Justice Shree Prakash Singh observed that the word 'compassion' cannot be considered in a vacuum, as it denotes...
Kerala High Court Expunges Caution Against Doctor For Being Unaware Of Mental Healthcare Act Mandates, Notes He Acted Professionally
The Kerala High Court recently expunged a caution given to a doctor by the Statutory Mental Health Review Board for being unaware of the provisions of the Mental Healthcare Act, 2017.The Division Bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha was considering an appeal that challenged the order of the Review Board.The appellant in this case was a doctor having a career...