News Updates
Custodial Violence A Concern For Civilized Society: Allahabad High Court Denies Bail To Cop Accused Of Killing 24 Yr Old Man
"Custodial violence, custodial torture and custodial deaths have always been a concern for civilized society. Times and again the judicial verdicts of the Apex Court and other Courts have shown their concern and anguish in such matters," observed Allahabad High Court as it denied bail to a cop in connection with the custodial death of a 24-year-old man.The bench of Justice Samit...
DNA Test | Proof Of Paternity Not Sufficient To Prove Marriage/ Domestic Relationship Between Parties Under DV Act: Kerala High Court
The Kerala High Court recently held that conducting DNA test and proving child's paternity would not be enough to prove the existence of a marriage or domestic relationship in a proceeding under Domestic Violence Act, 2005, when paternity or legitimacy in itself was not a fact in issue.Justice Kauser Edappagath while holding so, observed that under the DV Act, what is required to be proved...
Preventive Detention | Only Those Acts Which 'Gravely Prejudice' Public Order Qualify As Acts Prejudicial To Security Of State: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court on Wednesday ruled that every act which is prejudicial to the security of the state would qualify to be an act prejudicial to the public order but the reverse is not true. It is only the acts prejudicial to the public order which are of 'grave nature' that would qualify to be termed as acts prejudicial to the security of the...
Able-Bodied Husband Can't Argue That He Isn't In Position To Maintain His Wife: Allahabad High Court
The Allahabad High Court recently observed that an able-bodied husband cannot argue that he is not in a position to maintain his wife.The observation was made while dismissing an appeal filed by the Husband against the order passed by the family court under Section 24 of the Hindu Marriage Act [Maintenance pendente lite and expenses of proceedings] in a proceeding for divorce instituted by...
Plea In Kerala High Court Seeks CBI Probe In Road Rage Case Against Collector Sriram Venkitaraman IAS
The brother of journalist K M Basheer, who died in a road rage involving IAS Officer Sreeram Venkitaraman, has moved the Kerala High Court seeking a CBI probe into the incident which took place in August 2019.In the petition moved through Advocate P.T. Sheejish, the Petitioner, who is the brother of the deceased Journalist, alleges that the accused, who is a very influential IAS Officer,...
"Matter Of Serious Concern": Bombay HC Seeks Details On Building Permits Granted In Excess Of Height Limit Near Upcoming Navi Mumbai Airport
The Bombay High Court on Thursday sought details on permissions granted for high-rises allegedly in excess of height limit near upcoming Navi Mumbai airportThe Court directed City and Industrial Development Corporation of Maharashtra to be added as a respondent to a PIL on obstructions around the airports, following submissions that the planning authority had invited bids way beyond...
"Abortive Attempt To Scuttle Innocuous Statutory Proceedings": Karnataka HC Rejects Intel's Plea Against CCI Probe With ₹10 Lakh Cost
The Karnataka High Court has dismissed a petition filed by Intel Technology assailing a 2019 CCI order directing a probe into its warranty policy with Rs. 10 lakh cost.The agenda of CCI's probe is to see whether Intel's policy has resulted in denial of market access to parallel importers & re-sellers of Boxed Micro-processors for Desktop and Laptop PCs. It will also assess the risk...
Statement Recorded U/S 161 CrPC Only For Confrontation In Cross Examination, Cannot Replace Evidence: Gujarat HC Upholds Murder Acquittal
The Gujarat High Court, while reiterating that the statement of a witness recorded by the investigating officer under Section 161 of CrPC does not fall within the ambit of evidence, has upheld the acquittal of a Murder accused. The Bench comprising Justices SH Vora and Rajendra Sareen explained in the context of the statement recorded by the investigating officer: "Such evidence is...
Punjab & Haryana High Court Stays Order To Close Down Private Slaughter Houses/Meat Shops In Ambala During Jain Festival
The Punjab and Haryana High Court has stayed the decision of the official authorities to close down private slaughterhouses/meat shops in Ambala from August 24 to September 1 during the Jain festival- 'Paryushan Parv'.The bench of Justice Sudhir Mittal stayed the order and sought the reply of the Haryana Government on the issue and posted the matter on August 29, 2022.Essentially, the...
S.482 CrPC | High Courts Can Accept Post Conviction Settlements & Quash Criminal Proceedings Involving Non-Heinous Offences: Karnataka HC
The Karnataka High Court has quashed an order of conviction after the parties to the proceedings post the conviction order entered into a settlement and sought for compounding of the offences so made against the petitioner. A single judge bench of Justice M Nagaprasanna allowed the plea filed by one Lakshmibai who was convicted by the trial court for offences punishable...
Arbitrator Appointed Under MSCS Act; Fixation Of Fees Is Subject To A&C Act: Madras High Court
The Madras High Court has ruled that the power of the Central Registrar to appoint an arbitrator and fix the fees of arbitration under the Multi State Co-operative Societies Act, 2002 (MSCS Act), is subject to the provisions of the Arbitration and Conciliation Act, 1996 (A&C Act). Holding that there is no provision under the MSCS Act where an exemption has been provided with...
Touching Child's Private Parts With Sexual Intent Sufficient To Attract POCSO Act, Absence Of Injury Not Relevant: Bombay High Court
Merely touching the private parts of a child with sexual intent is enough for it to be construed as sexual assault under section 7 of the POCSO Act and a medical certificate demonstrating an injury is not mandatory, the Bombay High Court has held. "The absence of injury mentioned in the medical certificate will not make any difference to her case because the very nature of the offence...