Covid Lockdown Violation: Punjab & Haryana HC Acquits Foreign-Return U/S 269 IPC In Absence Of Material To Show He Had Any Infectious Disease

Punjab and Haryana High Court recently quashed an FIR registered under Sections 188, 269 and 270 of the Indian Penal Code, 1860 (IPC) wherein the petitioner was apprehended by the Police for not informing Chandigarh Administration about his arrival from Canada, or getting in isolation or home quarantine during the period of Covid-19 lockdown in the country. The bench comprising...

S.207 CrPC | Denial Of Chargesheet Material To Accused Results In Unfair Trial: Karnataka High Court

The Karnataka High Court has reiterated that a petitioner/accused would become entitled to all copies of the charge sheet material, denial of which would undoubtedly be contrary to the principle of fairness and result in an unfair trial. A single judge bench of Justice M Nagaprasanna thus allowed the petition filed by one Chirag R. Mehta, charged for offences under Sections...

Delhi High Court Reserves Order In PIL To Declare Arrested AAP Leader Satyendar Jain As 'Person Of Unsound Mind'

The Delhi High Court on Tuesday reserved order in a public interest litigation seeking to declare AAP leader Satyendar Jain as a person of 'unsound mind' thereby seeking his disqualification from the Delhi Legislative Assembly. Jain is presently in judicial custody in a money laundering case being probed by the Enforcement Directorate.A division bench comprising of Chief Justice Satish...

Husband's Repeated Taunts, Comparisons With Other Women Qualify As Mental Cruelty: Kerala High Court

The Kerala High Court recently observed that constant and repeated taunts of the husband that his wife did not meet his expectations and comparisons with other women would amount to mental cruelty as contemplated under Section 10(x) of the Divorce Act, 1869 for the purpose of dissolution of marriage.A Division Bench of Justice Anil K Narendran and Justice C. S. Sudha observed that for the...

SC/ST Act | Application U/S 482 CrPC Against Orders Of Cognizance & Issuance Of Summons Maintainable: Orissa HC Differs From Allahabad HC

While holding that an order taking cognizance and issuing summons will be appealable under Section 14-A(1) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, the Orissa High Court has also held that such orders can be challenged under Section 482 of the Code of Criminal Procedure, 1973.A Single Bench of Justice Aditya Kumar Mohapatra was of the view...

Motor Accident | Failure To Produce Evidence Of Deceased's Income Does Not Justify Adoption Of Lowest Tier Of Minimum Wage: Himachal Pradesh HC

The Himachal Pradesh High Court recently observed that merely because the claimants were unable to produce documentary evidence to show the monthly income of the deceased, the same should not justify adoption of lowest tier of minimum wage while computing the income. Observation came from Justice Jyotsna Rewal Dua while deciding the appeal preferred by an Insurance company against award...

Rajasthan High Court Weekly Roundup: August 1 To August 7, 2022

Nominal Index Himachal Futuristic Communications Limited v. State of Rajasthan & Ors. 2022 LiveLaw (Raj) 211 Karan Johar v. State, Through P.p. & Anr. with other connected matters 2022 LiveLaw (Raj) 212 Judgments/ Orders of the Week Rajasthan Stamp Act | Duty Can't Be Levied On Transaction Not Having 'Territorial Nexus' With State: High Court Case Title:...

[POCSO Act] Highly Improbable That Minor Who Is Sexually Abused By Her Teacher Would Not Complain To Her Parents/ Friends: P&H High Court

The Punjab and Haryana High Court recently acquitted a school teacher charged and sentenced under the POCSO Act, stating that it is highly improbable that a minor girl who has been sexually abused by her teacher on more than one occasion would not disclose this factum either to her parents or her teacher or any of her class fellows.The bench comprising Justices G.S. Sandhawalia and Vikas...

Industrial Disputes Act | Violation Of Retrenchment Procedure U/S 25F & 25G Warrants Reinstatement, Not Mere Compensation: Gujarat HC

The Gujarat High Court has reiterated that once a Labour Court comes to the conclusion that Sections 25F, G and H of the Industrial Disputes Act have been violated, reinstatement of workman ought to follow. The Bench comprising Justice Biren Vaishnav was hearing several petitions challenging the Labour Court's order wherein compensation of Rs. 72,000 was awarded to each of...

Bilkis Bano Gang Rape Case: 11 Convicts Sentenced To Life Imprisonment Released Under Gujarat Govt's Remission Policy

11 convicts sentenced to life imprisonment in the 2002 Bilkis Bano gang rape case of Gujarat were released on Monday from a Godhra jail under the Gujarat government's remission policy, The Indian Express has reported. Bano was gang- raped when she was five months pregnant during the 2002 Gujarat riots.A special CBI court in Mumbai in January 2008 had awarded life imprisonment to the 11...

Unexplained & Inordinate Delay In Invoking Statutory Remedies Is Relevant Consideration While Exercising Powers Under Article 226: Jharkhand HC

The Jharkhand High Court recently observed that once the statutory remedy of revision has been held to be barred by limitation, interference with such finding in writ proceedings without any explanation for inordinate delay would amount to stretching the exercise of power under Article 226 of the Constitution of India. The observation came from Justice Anubha Rawat Choudhary: "This...

Rape Case Can't Be Lodged Merely Because Complainant's Consensual Relationship With Accused Did Not Work Out: Andhra Pradesh High Court

A single judge bench of Justice Ravi Cheemalapati of the Andhra Pradesh High Court has reiterated that failure of a consensual relationship cannot be a ground for lodging an FIR for offence of Rape under Section 376(2)(n) of the Indian Penal Code ("IPC").The petitioner, accused of the offences punishable under Sections 376 (2)(N), 417, 420, 323, 384, 506 read with 109, IPC, had sought...