Karnataka High Court Stays Counter-Case Against Husband Who Alleged Assault By Wife Inside Police Station

The Karnataka High Court on Tuesday (February 10) stayed criminal proceedings initiated against a man who claimed that his wife had lodged an assault case against him as a counter-blast to his complaint alleging that she had assaulted him inside a police station. The counsel appearing for the petitioner husband submitted before Justice M Nagaprasanna that parties had been called to the...

Granting Extension For Filling Challan In Absence Of Accused Violates Article 21: Punjab & Haryana High Court Sets Aside Order

The Punjab and Haryana High Court has held that granting extension of time to file a chargesheet under the NDPS Act without producing the accused or giving them an opportunity of hearing is a gross illegality, as it deprives the accused of their indefeasible right to default bail and violates Article 21 of the Constitution.The Court accordingly quashed an order passed by the Special...

PwD Recruitment Must Strictly Follow RPwD Act; Executive Resolutions Cannot Override Statute: Patna High Court

The Patna High Court has held that recruitment to posts reserved for persons with disabilities must strictly conform to the statutory scheme prescribed under Section 34(2) of the Rights of Persons with Disabilities Act, 2016, and that executive resolutions or recruitment notifications which are inconsistent with the Act cannot create any enforceable right in favour of candidates. A Single...

Banks Constitute Integral Part Of Waterbody, Any Encroachment Violates Public Trust Doctrine: Andhra Pradesh High Court

The Andhra Pradesh High Court has observed that banks/bunds of tanks constitute an integral part of a water body, which need to be strengthened from time to time, and any encroachment or construction on the same violates the Public Trust Doctrine.The Court was dealing with a writ petition whereby the petitioners challenged the proposed closure of a 30-foot road, which the State asserted was...

'Will Not Affect Fair Trial': CBFC Opposes In Kerala High Court Plea To Stall Movie Allegedly Inspired By Venjaramoodu Murder Case

The Central Board of Film Certification on Tuesday (February 10) submitted before the Kerala High Court that though the movie 'Kaalam Paranja Kadha' may have been inspired by the Venjaramoodu Mass Murder case, the same will not affect the trial of the accused.Justice Bechu Kurian was considering a plea preferred by the father of the accused who stated that the movie may prejudice the trial in...

Child Custody Matters Require Human Touch; Cannot Be Decided Solely On Legal Provisions: Tripura High Court

The Tripura High Court has held that child custody disputes cannot be decided merely on technical interpretation of legal provisions. The Court emphasized that such matters involve human considerations and custody issues require a sensitive approach, and that the welfare and well-being of the child must remain the paramount consideration while determining custody. A Division Bench of Justice...

Film 'Ghooskhor Pandat' Will Be Renamed: Netflix Tells Delhi High Court

Netflix told the Delhi High Court on Tuesday that the Manoj Bajpayee-starrer film “Ghooskhor Pandat” will be renamed. The statement was made before Justice Purushaindra Kumar Kaurav who was hearing the plea challenging the proposed release of the film. The Court noted that the producer has taken a “conscious decision” in light of the concern that has arisen to change the title of the...

NI Act | Company, Directors Can Be Prosecuted Even If Cheque Signatory Is Dropped As Accused: Delhi High Court

The Delhi High Court refused to quash criminal proceedings in a cheque dishonour case, holding that dropping the cheque signatory from the array of accused does not invalidate prosecution against the company and its directors under the Negotiable Instruments Act, 1881.Justice Neena Bansal Krishna observed,“dropping of the signatory of Cheques from proceedings, does not result in the...

Surrender Of Absconding Accused After Filing Of Challan Not Grounds For Police Custody When Co-Accused Already Acquitted: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court has ruled that mere surrender of an absconding accused after filing of challan does not create a right in favour of the prosecution to seek police custody, particularly when the prosecution rests on the very same evidence on which co-accused have already been acquitted. Justice Sanjay Parihar made this observation while dismissing a criminal...

Filing False Suit With Forged Documents Against SC/ST Person Prima Facie Attracts Offence Under SC/ST Act: Kerala High Court

The Kerala High Court recently held that the offence under Section 3(1)(q) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act would be prima facie attracted when it is prima facie established that a false suit using a forged document was filed by a non-member against a member of the community.Justice A. Badharudeen observed:“when it is prima facie established that...

Mere Plea Of Head-On Collision Doesn't Establish Contributory Negligence In Motor Accident Claim Cases: Telangana High Court

The Telangana High Court, in a recent judgment, held that a mere plea of head-on collision does not automatically establish contributory negligence in a motor accident claim. Justice C.V. Bhaskar Reddy, while considering an appeal filed by the insurance company against an award passed by the Motor Accidents Claims Tribunal, Secunderabad, rejected the insurer's challenge to the finding...

Acquittal Under Essential Commodities Act Doesn't Automatically Entitle Trader To Interest Or Higher Compensation: Kerala High Court

The Kerala High Court has recently held that an acquittal in a criminal trial under Section 3(1) of the Essential Commodities Act, 1995 does not by itself entitle a trader to compensation with interest under Section 6C(2), unless the statutory preconditions under that provision are strictly satisfied.For context, Section 3 deals with the power of the Central Government to control...