News Updates
CrPC | Order Of Maintenance Does Not Get Wiped Out Because Of Settlement During Pendency Of Execution Proceedings: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court recently held that merely because a settlement has taken place between warring spouses during the pendency of execution proceedings, the order of maintenance passed by a Magistrate under Section 488 of J&K CrPC does not get wiped out if the settlement does not work. A bench comprising Justice Sanjay Dhar was hearing a plea in terms of...
"Prima Facie Curtailment Of Right Under Art 19": Calcutta HC Stays Probe Over FB Post Containing Lord Krishna's 'Intimate' Portrait With Radha
An artist has moved the Calcutta High Court against the registration of an FIR under Section 295A of the IPC over a Facebook post made by him containing a portrait depicting an intimate scene between Lord Krishna and Radha, influenced by Geet Govinda (an epic love poem of Jaya Deva.)Taking into account the facts of the case, the Court prima facie noted that the criminal complaint in the...
Locus Standi To Be Satisfied To Make A Claim On Doctrine Of Legitimate Expectation: Kerala High Court
The Kerala High Court recently observed that a person who bases his claim on the doctrine of legitimate expectation must first satisfy that there is a foundation for the same and thus has a locus standi to make such a claim.A Division Bench of Justice P. B. Suresh Kumar and Justice C.S. Sudha observed that for a beneficiary to have a legitimate expectation on invoking the privilege granted,...
Detailed Assertion Of Title Or Title And Possession Is Sufficient To Grant Injunction Against Construction On Joint Property: Calcutta HC
In a case for declaration of title and of partition of a property that is claimed to be jointly owned and possessed the Calcutta High Court held that a plaintiff seeking restraint order on defendant from making construction on a property is required to prove prima facie that he has title to it or is entitled to possession thereof or both. In the pleading assertion of title or title...
Chairman Of District Primary School Council Cannot Order Transfer Of Teachers: Calcutta High Court
On Friday, in an intra-court appeal whereas a Single Judge refused to interfere with the order of transfer issued against the appellant by the Chairman, North 24 Parganas District Primary School Council, the Calcutta High Court noted that the Chairman did not have the authority or jurisdiction to issue the impugned transfer order to the appellant Assistant Teacher of a Primary...
Object Of Default Bail Inherently Linked With Article 21, Safeguards Accused's Life & Personal Liberty Against Arbitrary Detention: Delhi High Court
The Delhi High Court has observed that the object of default bail is inherently linked to Article 21 of the Constitution of India, laying emphasis on safeguarding the life and personal liberty of the accused against arbitrary detention.Justice Swarana Kanta Sharma made the observation while dismissing a revision petition filed by an accused in relation to a case registered under Narcotics...
High Court Directs Delhi Govt To Ensure Strict Compliance Of Orders Banning Sale Of 'Chinese Manjha' For Kite Flying
The Delhi High Court has directed the Delhi Government to ensure strict compliance of the orders passed by it as well as the National Green Tribunal (NGT) banning sale of Chinese synthetic manjha used in flying kites.A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a PIL filed by Advocate Sanser Pal Singh seeking a complete ban...
[Statutory Bail] Bail Court Has No Jurisdiction To Go Into Merits Of The Case U/S 167(2) CrPC: Madras High Court
The Madras High Court recently reiterated that a bail court, while considering an application under Section 167(2) CrPC was not concerned with going into the merits of the case. The court had to consider such an application for default bail by considering whether the statutory period for filing a charge sheet or challan had expires, whether the charge sheet or challan had been filed...
Should A 'Victim' Who Is Also A Complainant Be Asked To Obtain Leave To Appeal U/S 378 (4) CrPC If Appeal Is Filed U/S 372 CrPC?: Allahabad HC To Examine
The Allahabad High Court is set to examine an interesting question as to whether a 'victim', who is also the complainant in the case and who has preferred an appeal under Section 372 CrPC, can be asked to obtain special leave to appeal from the order of acquittal as provided under Section 378 (4) CrPC.The bench of Justice Mohd. Faiz Alam Khan has framed the following interesting question and...
Delhi Riots: Court Discharges 6 Men Of Dacoity, Upholds Charges Of Rioting & Unlawful Assembly
A Delhi Court has discharged six men of the charges of dacoity in relation to a 2020 riots case while upholding other charges of rioting and unlawful assembly against them. Additional Sessions Judge Pulastya Pramachala also discharged the accused namely Sumit, Naresh, Uday Singh, Darshan, Vinod Kumar and Devraj of the charge under sec. 436 of the Indian Penal Code which is the offence...
Convenience Of Wife Must Be Looked Into While Transferring Proceedings In Matrimonial Disputes: Kerala High Court
The Kerala High Court recently allowed a Transfer Petition observing that it is the convenience of the woman and children that has to be looked into while ordering the transfer of a case from one Court to another in matrimonial cases.Justice C. S. Dias concluded so after referring to the Apex Court decisions regarding the transfer of matrimonial proceedings. In the Transfer Petition,...
Allahabad High Court 'Depracates' Practice Of Counsels Seeking Bail For Accused Rather Than Arguing Main Matter/Appeal
The Allahabad High Court recently deprecated the practice of counsels pressing for bail application of the accused during the pendency of appeal against conviction while showing reluctance to argue the appeal/main matter.The bench of Justice Dr. Kaushal Jayendra Thaker and Justice Ajai Tyagi observed this while dealing with a 2016 appeal filed by the accused against his conviction, wherein...