Careful Consideration Of Grounds On Which Bail Has Been Granted To Detenue Is Critical In Preventive Detention Cases: J&K High Court

The Jammu and Kashmir and Ladakh High Court has emphasised that when bail is granted not on the merits of the case but due to procedural defaults under Section 167 of the Criminal Procedure Code or for urgent temporary purposes, such grounds might not favor the detainee.A bench of Justice Wasim Sadiq Nargal ruled that in these cases, authorities may view such circumstances as...

Calcutta High Court Calls For State's Report On Plea Over Alleged Communal Violence, Expresses Surprise At LoP Appearing As Petitioner In PILs

The Calcutta High Court on Wednesday called for the state's report on instances of alleged communal violence which have taken place in Kolkata's Rajabazar area, resulting in the alleged targeting of those belonging to the Hindu and Sikh communities. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya heard the plea moved by Leader of Opposition and BJP MLA...

Bahraich Violence-Demolition Notices | State Must Abide By Law, Ensure Actions Aren't Taken Selectively: Allahabad HC Tells UP Govt Orally

The Allahabad High Court today orally asked the Uttar Pradesh Government to ensure that nothing is done selectively pursuant to the demolition notices it issued against some building/house owners (23 people) who were allegedly involved in the October 13 Bahraich violence incident. “I know the state has a lot of responsibilities to maintain peace and tranquillity, but please ensure...

Award In Which Serious Allegations Of Fraud Are Not Decided Must Be Set Aside On Grounds Of Patent Illegality: Gujarat High Court

The Gujarat High Court Bench of Chief Justice SUNITA AGARWAL and Justice PRANAV TRIVEDI affirmed that if serious allegations of fraud are raised that the arbitration agreement was entered into by fraud and collusion and such allegations are not decided by the Arbitrator while passing an award, such an award is liable to set aside on the ground of patent illegality under section 34 of...

Madhya Pradesh High Court Seeks State's Stand In Plea To Remove "Unauthorized Religious Shrines" In Police Stations, Orders Status Quo

The Jabalpur bench of the Madhya Pradesh High Court on Monday (November 4) sought the stand of the state government in a plea seeking removal of allegedly unauthorized religious shrines constructed within police station premises across the state. The high court further directed the parties to maintain status quo till the next date of hearing. A division bench of Chief Justice Satish Kumar...

Aimless Firing Not Made Pointing To Any Person Is Not Attempt To Murder: Rajasthan High Court

Rajasthan High Court has ruled that aimless firing done at a shop with an intention to assault a particular person did not amount to attempt to murder when the intended target was not present at the place of the firing.The bench of Justice Birendra Kumar was hearing an appeal against framing of charges against the appellant for attempt to murder. As per the FIR, some unknown miscreants...

Child Protection Policy And Juvenile Justice Rules Likely To Be Notified This Year: Assam Govt Tells High Court

The Gauhati High Court on Tuesday once again recorded its hope and trust upon the Assam Government to notify draft Child Protection Policy as well as Juvenile Justice (Care and Protection of Children) Rules at the earliest. The division bench comprising Justice Kalyan Rai Surana and Justice Arun Dev Choudhury further directed the State Government to submit a report regarding:Whether...

Complainant Or Dependents Must Be Issued Notice And Heard When Accused Seeks Bail Under SC/ST Act: J&K High Court

Shedding light on the right of a victim under the SC/ST (Prevention of Atrocities) Act, 1989 the Jammu and Kashmir and Ladakh High Court has asserted that a complainant or their dependent must be issued notice and heard when an accused seeks bail under the Act.Citing provisions of the Act a bench of Justice M. A Chowdhary observed, “On a harmonious reading of both the Sub-sections (3) and...

'Mandate Of Day-To-Day Trial U/S 309 CrPC Is Thrown To The Wind': Bombay High Court Flags 'Unhealthy Practice' Of Trial Courts

The Bombay High Court while ordering a 'retrial' in a rape case, noted the 'alarming state of affairs' of most criminal trials, wherein the courts have failed to conduct a 'day-to-day' trial and therefore, issued guidelines for the lower courts to strictly adhere to section 309 of the Criminal Procedure Code (CrPC) and section 346 of the Bharatiya Nagarik Suraksha Sanhita...

Bombay High Court Monthly Digest: September 2024

Bombay High Court Monthly Digest: September 2024Nominal Index (2024 LiveLaw (Bom) 461 to 2024 LiveLaw (Bom) 498): Mohan Chavan vs State of Maharashtra, 2024 LiveLaw (Bom) 461Abhin Anilkumar Shah versus ITO, 2024 LiveLaw (Bom) 462Nitin Vasantrao Bode vs State of Maharashtra, 2024 LiveLaw (Bom) 463Tejasvee Abhishek Ghosalkar vs State Of Maharashtra And Ors, 2024 LiveLaw (Bom) 464Vijay Sapkale...

If Appeal Is Preferred Beyond Limitation, Notice Must Be Issued To Respondent; Court Can't Directly Proceed On Merits: Patna High Court

The Patna High Court has made it clear that if an appeal is filed beyond the period of limitation, a notice of hearing is to be mandatorily issued to the respondent party.Single bench of Justice Arun Kumar Jha added that appellate court cannot proceed with the appeal on merits keeping the issue of limitation pending till final judgment. It reasoned,"...issuance of notice to the respondent is...

Father Not Absolved From Providing Maintenance For Child Even If Mother Is Working: Punjab & Haryana High Court

While hearing a challenging to an interim maintenance order, the Punjab and Haryana High Court observed that even if mother is working and earning sufficiently, it would not automatically mean that the father is absolved of his responsibility to provide sustenance for his children.In doing so, the high court emphasized that the father is legally bound to maintain his child as per his...