Criminal Law
MP High Court Grants Maintenance To Woman & Child; Draws Adverse Inference Against Man For Refusing DNA Test
The Madhya Pradesh High Court has awarded maintenance to a woman and her son after holding that an adverse interference could be drawn against a man who refused to undergo a DNA fingerprinting test sought to establish the child's paternity. The court observed that proceedings under Section 125 CrPC are welfare-oriented in nature and do not require strict proof of marriage as is necessary...
'No Evidence': Karnataka High Court Quashes FIR Against BJP MLA Yashpal Suvarna, Others Accused Of Burning Ex-CM's Effigy During Protest
The Karnataka High Court on Monday (June 8) quashed an FIR against BJP MLA Yashpal Suvarna and others booked in connection with an alleged illegal protest and burning of an effigy of former Chief Minister Siddaramaiah in Manipal in 2024, holding that there was no direct evidence linking the petitioners to the incident.According to the complaint it has been alleged that last year, the...
Cheque Bouncing | Complainant Can't Question Nexus Of Document To Transaction After Denying His Signature, Handwriting On It: Rajasthan HC
While adjudicating a cheque dishonour case, Rajasthan High Court held that once the complainant disputed his/her handwriting and signatures on a particular exhibit, such denial disentitled him/her from contending that the document had no nexus with the transaction involved.The bench of Justice Farjand Ali was hearing a petition challenging the order of the trial court that had...
Can't Brush Aside Allegation: Rajasthan High Court Upholds FIR Against Forest Officer Accused Of Using Dummy Candidate In Recruitment Exam
Refusing to quash an FIR against a forest officer accused of using a dummy candidate in the recruitment exam, the Rajasthan High Court held that offences pertaining to manipulation of a public examination process could not be lightly brushed aside at the threshold.The bench of Justice Farjand Ali was hearing a quashing petition in which the allegations against a serving Forest Guard was that...
Granting Bail In Rape Cases At Very Inception Of Trial Has 'Chilling Effect' On Safety Of Women: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that granting bail in rape cases at the very inception of trial has a chilling effect on the safety of women and that courts must remain mindful of the gravity and societal impact of such offences while considering bail applications.Setting aside a bail order passed by a trial court in a rape case, the Court observed that the trial...
Police Assume Abuses Will Go Unnoticed: Allahabad HC Awards 25K Compensation To Man Over 24-Hour Illegal Detention
The Allahabad High Court recently observed that police officials persistently violate citizens' rights, believing that their abuses will simply go unnoticed.The Court added that cops think that, out of a thousand violations or more, hardly one citizen would come forward to enforce their rights and hold them accountable. With this scathing observation, a bench of Justice JJ Munir and...
'Used & Discarded Her As Though She Were A Mere Commodity': J&K&L High Court Upholds Abetment To Suicide Charge Against Boyfriend
The High Court of Jammu & Kashmir and Ladakh has partly allowed a petition challenging framing of charges under Sections 306 and 107 of the Indian Penal Code in a case of alleged abetment of suicide.The Court thus upheld the framing of charges against the boyfriend (petitioner No.1) who was in a five-year relationship with the deceased, observing that the material disclosed not just a...
Wrong Batch Numbers On Liquor Bottles Due To Labelling Error Can't Attract Illegal Transport Charge Under Excise Act: HP High Court
The Himachal Pradesh High Court has quashed criminal proceedings against the proprietor of a liquor bottling unit accused of illegally transporting Indian Made Foreign Liquor (IMFL), holding that transportation of 400 cases under a valid permit could not attract prosecution under Section 39 of the Himachal Pradesh Excise Act merely because some bottles bore incorrect batch numbers due to...
'Prescribed Banned Compound To Children': MP High Court Denies Bail To Doctor Booked In Coldrif Cough Syrup Death Case
The Madhya Pradesh High Court denied bail to a Doctor, booked in a case involving the deaths of several children allegedly linked to adulterated cough syrup.The bench of Justice Pramod Kumar Agarwal observed; "the applicant who is the Child Specialist Doctor has prescribed the fixed dose compound to the children below the age of 4 years which was banned by the circular issued by the Government...
Rajasthan High Court Partly Allows Accused's Plea To Summon Document On POCSO Victim's Age, Says No Delay In Filing S.91 CrPC Plea
Rajasthan High Court has partly allowed a POCSO accused's plea challenging a trial court order which had rejected his application under Section 91 CrPC seeking production of the complainant's admission ticket issued by the Community Health Centre to determine her age. The trial court rejected the application on the ground that the cross-examination with regard to the age of the victim has...
Preliminary Assessment Or Problematic Estimation: Section 15 of Juvenile Justice (Care and Protection Of Children) Act, 2015
Seventy nine percent of juveniles in conflict with law apprehended in the year 2023 were in the age group of 16 years to 18 years[1]. This age bracket among the juveniles in conflict with law gains relevance not only due to overarching societal impact of the increased interaction of children with criminal justice system, but also due to the legal dichotomy laid down in The Juvenile Justice (Care and Protection of Children) Act, 2015, wherein juveniles belonging to the age group of 16-18 years...