“Neither Airport Nor Immigration Authorities Made Arrangements To Send Suraj Lama Home”: Police Tells Kerala HC Over Missing Kuwait Deportee

The Deputy Superintendent of Police, Aluva has filed a report before the Kerala High Court in connection with the investigation into the disappearance Suraj Lama, who has been missing since October 5 after he arrived in Kochi from Kuwait following his deportation.The report was submitted before the division bench comprising Justice Devan Ramachandran and Justice M.B. Snehalatha, which...

Extra Profit Received By Broker Due To Technical Glitch Not Unjust Enrichment: Bombay High Court Upholds Award In Favour Of Kotak Securities

The Bombay High Court has held that profits earned by a client by utilising an increased trading margin erroneously reflected due to a technical glitch in the broker's system cannot be treated as “unjust enrichment”. The Court observed that mere availability of margin created an opportunity to trade, but the profits ultimately arose from the client's skill and risk-taking, and...

Despite Long Cohabitation, Woman Can't Claim Maintenance From Partner U/S 125 CrPC If Her First Marriage Subsists: Allahabad High Court

The Allahabad High Court has ruled that a woman can't claim maintenance under Section 125 CrPC from a partner she lives with if her first marriage is still legally valid. The Court held that even a long-term relationship resembling marriage does not grant her the legal status of a 'wife' if she has not obtained a divorce from her first husband.A bench of Justice Madan Pal Singh observed...

Codeine Syrup 'Racket' | Allahabad High Court Grants Interim Relief To Alleged Kingpin, Other Co-Accused In NDPS Act FIR

Last week, the Allahabad High Court granted an interim stay on arrest to the alleged kingpin, Shubham Jaiswal and a few other co-accused in connection with an FIR lodged under the Narcotic Drugs and Psychotropic Substances Act, 1985, concerning the suspected Codeine Cough Syrup Racket. Various persons, including Shubham Jaiswal, approached the High Court under Article 226 of the...

Mere Filing Of Complaints Even If Later Found False Not Defamation: Delhi High Court

The Delhi High Court has observed that mere filing of complaints even if they are later found to be false does not automatically constitute the offence of defamation. Justice Neena Bansal Krishna said that for defamation to be established, it must be shown that imputations were made with the intention of harming reputation or with knowledge or reason to believe that such imputations would...

Allahabad High Court Directs UP Police To Send Instructions By E-mail In Criminal Cases, Calls For Immediate ICJS Integration

In a significant order, the Allahabad High Court has directed the Director General of Police (DGP) to issue necessary directions to ensure that instructions in bail and other criminal matters are sent to the High Court's Government Advocate via electronic mode, specifically email, rather than the usual manual method. A bench of Justice Arun Kumar Singh Deshwal directed thus, noting...

Allahabad High Court Cautions State Authorities Against Lodging 'Mimeographic Style' FIRs Under Stringent UP Anti-Conversion Act

The Allahabad High Court (Lucknow Bench) has cautioned the Uttar Pradesh State authorities against registering mechanical and routine cases under the stringent Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The Court observed that, given the 'stringent' provisions of the special Act, the authorities must exercise greater care and avoid registering FIRs in...

'Gross Violation Of Art. 21': Allahabad High Court On Convict Detained For 2+ Months Despite Completing Sentence & Stay On Fine

The Allahabad High Court last week directed the immediate release of a convict who had already served the entire 10-year sentence but had to remain in custody for 2.5 months due to non-payment of a fine of Rs. 27 lakhs. A bench of Justice Sameer Jain observed that his continued detention, despite an order of the HC staying the recovery of the fine, constitutes a "gross violation...

Kerala Judicial Officers' Association Seeks High Court's Action Against Cyber Attack Of Judge Who Decided Actor Rape Case

The Kerala Judicial Officers' Association (KJOA) has made a request to the Kerala High Court to initiate action against persons that have made disparaging remarks against Smt. Honey M. Varghese, Principal District and Sessions Judge, Ernakulam for the verdict in the actress rape case.Calling it an "unprecedented incident of public scandalisation" of a sitting judge, KJOA has sought contempt...

Rash & Negligent Driving: Protracted Trial, Reformative Tendency Of Accused Sufficient To Reduce Sentence: Punjab & Haryana High Court

While the Punjab & Haryana Hig Court affirmed the findings of guilt recorded by the Trial Court and the Appellate Court against a Truck Driver for rash and negligent driving, it modified the order on sentence, reducing the substantive imprisonment to the period already undergone, considering long passage of time and mitigating circumstances.Justice Vinod S. Bhardwaj said, "I find that...

Gujarat High Court Commutes Convict's Death Penalty For Raping Minor Girl, Says Trial Court Didn't Verify Possibility Of Reformation

The Gujarat High Court recently commuted the death sentence of a man to life imprisonment who was convicted by the trial court for raping a minor girl. In doing so the court said that the trial court while sentencing the convict to death, did not give a finding on the aspect of the convict's reformation and the possibility that he will become a useful member to the society if is given a chance...

Stridhan, Gifts Not Source Of Income To Defeat Wife's Claim For Maintenance: Delhi High Court

The Delhi High Court has ruled that stridhan, inherited property or gifts received by a wife from her parents or relatives cannot be construed as a source of income so as to defeat her claim for maintenance from the husband. Justice Swarana Kanta Sharma said that the claim for maintenance must be assessed with reference to a wife's present earning capacity and ability to sustain herself in...