News Updates
1992 Bombay Riots : Bombay HC Sets Aside Conviction Of Man In Assault Case [Read Judgment]
The Bombay High Court set aside conviction of one Abdul Gani Mulla, a man sentenced to seven years in prison for allegedly ransacking the house, assaulting the wife and children of another man Balkrishna during the Bombay riots of 1992. The incident allegedly took place on December 7, 1992 after riots had broken out all over Mumbai post the demolition of Babri masjid at Ayodhya by...
High Courts Weekly Round-Up
Bombay High Court Dismissed the bail pleas of Sudha Bharadwaj, Arun Ferreira and Vernon Gonsalves in the Bhima Koregaon case. Justice SV Kotwal pronounced the judgement to a packed courtroom with Senior Advocate Mihir Desai, Dr.Yug Mohit Chaudhary and Sudeep Pasbola present for the accused applicants.Held that there no vicarious liability in criminal law unless the statute takes it...
Reserved Seats: Mandatory To Submit Caste Validity Certificate Within 12 Months Of Election, Failure Will Result In Retrospective Termination: Bombay HC (FB)
A full bench of the Bombay High Court declared that it is mandatory for a candidate contesting from a reserved seat to produce a caste validity certificate within 12 months of the date of election and failure to do so would lead to retrospective termination.Chief Justice Pradeep Nandrajog, Justice RV Ghuge and Justice RG Avachat at the Aurangabad bench answered a reference regarding election of...
Inherent Power To Quash Criminal Proceedings In Non-Compoundable Cases Should Be Exercised Sparingly: HP HC [Read Judgment]
The Himachal Pradesh High Court on Thursday reiterated that high courts have the inherent power as prescribed under Section 482 of CrPC, to quash criminal proceedings, even in those cases where the offences involved are non-compoundable. However, such power must be exercised with utmost caution. The observations were made while allowing the petition for compounding of offences, made by...
Appeal Against Interlocutory Orders Barred Under Both, The Guardian & Wards Act & The Family Courts Act: Delhi HC [Read Order]
The Delhi High Court has held that grant of interim custody of a child under Section 12 of the Guardians and Wards Act, 1890 (G&W Act) is an interlocutory order and thus, no appeal would lie from the same. The Appellant, Colonel Ramesh Pal Singh and approached the high court, appealing against the order of the Family court whereby the petition filed by Respondent herein, Sughandhi...
[Section 143 NI Act] Dispose Dishonor of Cheque Cases Within Six Months: Uttarakhand HC To Trial Courts [Read Order]
Reinforcing the significance of speedy disposal of matters, the Uttarakhand High Court on Wednesday directed a trial court to dispose of the impugned dishonor of cheque proceedings within six months. A petition seeking directions in this behalf was filed to seek disposal of proceedings in the case "Asian Galaxy Pvt. Ltd. & Anr. v. Sidhivinayak Electric Traders Pvt. Ltd. & Ors.". The...
[Abetment To Suicide] 'A Child Of Tender Age Should Be Handled Very Carefully':Delhi HC Refuses To Grant Pre-Arrest Bail To Teacher
Remarking that a child of tender age should be handled very carefully and must be protected from every kind of hurt, whether physical or mental, the Delhi High Court on Wednesday refused to entertain the anticipatory bail application filed by a teacher who was accused of abetting a student's suicide by subjecting her to mental torture. The Petitioner, Ritika, was a biology teacher and...
Act Of Registry Not An Act Of Court: Karnataka High Court [Read Order]
Karnataka High Court has said "Act of Registry (of court) is not an act of the court and therefore the immunity otherwise available to the court as such does not protect the Registry." The court took this view while partly allowing a petition filed by an auction purchaser who had deposited amount in court pending completion of auction sale and even after two orders of the court, Registry...
Indian Court Has Jurisdiction Over Domestic Violence Committed Against Indian Abroad: Bombay HC [Read Judgment]
The Bombay High Court has held that Indian court will have jurisdiction over a complaint under Section 498-A IPC for domestic violence committed abroad. Justice SS Shinde was hearing a writ petition filed by one Md.Zuber Farooqi who sought quashing of an order of maintenance passed by Metropolitan Magistrate, Mulund in favour of his wife Neelima. Court concluded that Neelima had prima facie...
Bombay HC Sets Aside Conviction In A Case Registered During 92' Bombay Riots [Read Judgment]
The Bombay High Court set aside conviction of one Abdul Gani Mulla, a man sentenced to seven years in prison for allegedly ransacking the house, assaulting the wife and children of another man Balkrishna during the Bombay riots of 1992.The incident allegedly took place on December 7, 1992 after riots had broken out all over Mumbai post the demolition of Babri Masjid at Ayodhya by...