[S.349 BNSS] Magistrate Can Direct Any Person To Provide Voice Sample For Purpose Of Investigation: Kerala High Court

The Kerala High Court held the criteria for the Magistrate to direct any person to give voice sample under Section 349 of BNSS is the satisfaction of the Magistrate that such sample is required for the purpose of investigation.“Under Section 349, the criteria is the satisfaction of the Magistrate that it is expedient to direct any person to provide his voice sample, again, for the purposes...

Enact Law With Severe Punishment For Child Sexual Abuse By Family Members: Madras HC Upholds Man's Conviction For Raping Stepdaughter

The Madras High Court recently asked the State Government to take "serious efforts" to enact laws imposing "severe punishments" in cases of sexual offences by family members or close friends involving children. In doing so the court further said State should take measures for providing awareness programs and provide funds for opening protection homes for children to protect them from...

Sambhal Violence | Another PIL In Allahabad HC Seeking FIR Against Concerned District Magistrate, Superintendent Of Police

Another PIL plea has been moved before the Allahabad High Court seeking an FIR against the Sambhal District Magistrate, Superintendent of Police, concerned SHO, and other responsible officers. The Plea also seeks a direction to the UP government to arrest these officials.The PIL petition, filed by the Hazrat Khawaja Garib Nawaz Welfare Association through Advocates Saher Naqvi and Mohd....

Arbitrators Cannot Pass Binding And Enforceable Orders Unilaterally Determining Their Fees: Delhi High Court

The Delhi High Court bench of Justice Dinesh Kumar Sharma has affirmed that Arbitrators do not have the power to unilaterally issue binding and enforceable orders determining their own fees. A unilateral determination of fees violates the principles of party autonomy and the doctrine of the prohibition of in rem suam decisions, ie., the arbitrators cannot be a judge of their own private...

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC

The Punjab and Haryana High Court has acquitted a man convicted for committing aggravated sexual penetrative assault under Protection of Children from Sexual Offences Act (POCSO), observing that the prosecutrix sat as a pillion rider with accused in a crowded place and did not raise alarm- which denotes that the relationship was "entirely consensual".Justice Sureshwar Thakur and Justice...

"Suffering From Schizophrenia, No Purpose In Continued Custody": J&K High Court Grants Bail To Woman Accused Of Killing 3-Month Old Son

The Jammu and Kashmir and Ladakh High Court has granted bail to one Shenaz Begum, accused of murdering her three-month-old son in 2021 observing that the applicant's schizophrenia diagnosis and the absence of a plausible motive rendered her continued judicial custody purposeless.Admitting her on bail Justice Rajnesh Oswal added, No doubt the plea of unsoundness of mind is a defence available...

Don't Raise Office Objection About Petitioner Not Signing Withdrawal Memo Presented By His Counsel: Karnataka High Court To Registry

The Karnataka High Court has directed its registry not to raise office objections to the effect that the signature of the petitioner is not forthcoming in the memo of withdrawal if the petition is sought to be withdrawn by the advocate appearing for the petitioner.In doing so the court observed that such office objections discredits the authority of the counsel who appear on behalf of...

Magistrate Or Special Court's Power To Supervise Investigation Doesn't Include Right To Question FIR Validity: Delhi High Court

The Delhi High Court has held that the power of a Magistrate or a Special Court to supervise an investigation does not include the right to question the validity of the FIR.A division bench headed by Justice Prathiba M Singh said that the Magistrate or Special Court must remain a “silent spectator” till filling of the final report under Section 173(2) of Cr.P.C and limit its actions...

Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court

Criticising the growing trend of directly approaching the High Court for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 the Jammu and Kashmir and Ladakh High Court has observed that bypassing the trial courts in such matters not only burdens the High Court but also disregards the legal protocol, where such petitions should typically be first addressed by the...

Trader Not Liable To Pay Social Welfare Surcharge On Customs Duty Which Is Exempted Under MEIS Scheme: Orissa High Court

The Orissa High Court has held that Social Welfare Surcharge (SWS) leviable on customs duty will be nil where a trader is exempted from paying customs duty under the Merchandise Exports from India Scheme (MEIS).Section 110 of the Finance Act 2018 contemplates levy of SWS on imported goods specified in the First Schedule to the Customs Tariff Act, 1975. As per sub-section (3), SWS is calculated...

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference

The Allahabad High Court has observed that when a challenge lies to the entire proceeding of a case registered under the SC/ST Act, the High Court could entertain the case under its inherent jurisdiction under Section 482 CrPC to secure the end of justice.The Court held that there could be no hard and fast rule regarding the interference of the High Court under its inherent jurisdiction,...

Customer Did Not Share OTP But SBI's "Most Hyped" 2-Factor Authentication Failed, Resulting In Cyber Fraud: Delhi HC Orders Compensation

In a case of cyber fraud where a man lost money from his State Bank of India (SBI) account after clicking a link in an SMS, the Delhi High Court directed the SBI to compensate the customer for the lost amount, noting a “glaring service deficiency” on the part of the bank.The Court noted that the unauthorized transactions occurred without the customer sharing any OTPs, implying a breach in...