News Updates
Mere Allegation Of Harassment Doesn't Attract S.306 IPC: AP High Court Grants Pre-Arrest Bail To Women Accused Of Abetting Their Husbands' Suicides
A single judge bench of Justice Subba Reddy of Andhra Pradesh High Court granted anticipatory bail to two women accused of abetment of suicide by their husbands, in separate cases.There must be proof of direct or indirect acts of incitement towards the commission of suicide, the Court said. It noted that conviction under Section 306 of the Indian Penal Code cannot be sustained merely...
Punjab & Haryana High Court Weekly Roundup: August 1 To August 7, 2022
NOMINAL INDEX Laxmi Educational Society, Manesar and others Versus State of Haryana and others 2022 LiveLaw (PH) 210Siriya (now deceased) through his LRs Versus Tulsi Puri (now deceased) through his LRs 2022 LiveLaw (PH) 211Jaswinder Singh Versus State Of Haryana 2022 LiveLaw (PH) 212Shri Jainendra Gurukul Panchkula through its Secretary Versus Dev Raj 2022 LiveLaw (PH) 213Satpal...
Kerala High Court Launches Suo Moto PIL To Monitor Flood Relief Activities, Directs State To Take Prompt Action To Prevent Disasters
The Kerala High Court has initiated a Public Interest Litigation (PIL) directing the State Government to take proper and prompt action during monsoons considering that persistent rainfall has caused severe loss to the lives and properties of people in the State.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly launched the PIL to monitor the governmental action...
S.102(3) CrPC | Info Regarding Freezing Of Bank Account Must Be Given To Jurisdictional Magistrate: Madras High Court
While ordering de-freezing of an account seized pursuant to investigation into a loan fraud, the Madras High Court held that it was an essential requirement of Section 102(3) of CrPC that information of the seizure should be duly reported to the Magistrate. Justice GK Ilanthiraiyan observed that in the case on hand, the information regarding the seizure was made after considerable...
Motor Accident Claimant Not Required To Prove Ownership Of Driver Over Offending Vehicle: Punjab & Haryana High Court
The Punjab and Haryana High Court recently held that the test in the Motor Accident Claims Tribunal (MACT) cases is not 'beyond reasonable doubt' but 'preponderance of probabilities' and that a claimant is not required to prove ownership of the driver over the offending vehicle.The bench comprising Justice Pankaj Jain further added that the result of criminal case pending against the...
Orissa High Court Denies To Discharge Persons Accused Of Making Violent Ruckus At Residence Of CM's Private Secretary
The Orissa High Court has denied to discharge a number of persons accused of forcefully entering and causing damage to properties at the official residence of Mr. V.K. Pandian, IAS & Private Secretary to the Chief Minister of Odisha Mr. Naveen Pattnaik. While upholding the order of the Trial Court, a Single Judge Bench of Justice Sangam Kumar Sahoo observed, "After going through...
Court Must Be Satisfied Of Prima Facie Case Against Accused While Framing Charges, Reasons Not To Be Recorded: Gujarat High Court
The Gujarat High Court has held that only a prima facie involvement of the accused in an alleged crime is required for framing of charges and the Court need not make an evaluation of evidence or record reasons for the same.Justice Samir Dave referred to Omwati Vs. State (Delhi Administration) 2001 AAR 394 (SC) to reiterate the circumstances in which the Court may discharge the...
Shiv Sena MP Sanjay Raut Remanded To Judicial Custody Till August 22 In Patra Chawl Scam Case
A Special PMLA Court on Monday remanded Shiv Sena MP Sanjay Raut to judicial custody in the Patra Chawl Scam case till August 22.Special Judge MG Deshpande passed the order after the ED did not seek his further custody and sought for him to be remanded in judicial custody instead. After noting his health condition, the court directed prison officials to produce the MP before the Arthur...
High Court Must Respect Exercise Of Discretionary Powers By District Judiciary, Cannot Play Role Of 'Headmaster': Delhi HC
"The High Court is required, at all times, to respect the exercise of discretionary powers by the district judiciary and not to act in a manner as could convey an impression that the court is playing the role of headmaster," the Delhi High Court has observed. Justice C Hari Shankar further added that if the High Court starts interfering with the orders passed by district judiciary in exercise...
Summary Termination Of Services On Registration Of FIR Without Adopting Due Procedure Violates Principles Of Natural Justice: Himachal Pradesh HC
The Himachal Pradesh High Court recently observed that termination of an employee from service summarily, merely on account of registration of FIR and without conducting proper inquiry, violates principles of natural justice. The observation came from Justice Satyen Vaidya: "Thus, the termination of the petitioner summarily without adopting due procedure and was clearly in violation...
S.20 SRA | Power To Grant Decree Of Specific Performance Is "Discretionary": Tripura High Court
The Tripura High Court recently, while dealing with a matter pertaining to execution of a sale deed, observed that a remedy for specific performance is discretionary in nature and the power may not be exercised by the Court merely because it is lawful to do so. The court can take into account the hardship such direction may cause to a party. Justice Arindam Lodh observed: "We have...