High Courts
'Challenge To Decree As Nullity Due To Abatement Must Be Raised Before Executing Court U/S 47 CPC, Not By Separate Suit': Bombay High Court
The Bombay High Court has held that an objection to the execution of a decree on the ground that it is a nullity by reason of abatement of the suit has to be adjudicated by the executing Court under Section 47 of the CPC and cannot be raised by way of a separate suit. The Court observed that Section 47 and Order XXI Rules 97 and 101 vest the powers in executing court to decide the question...
Gauhati High Court Upholds Conviction, 15-Year Imprisonment Of Son Found Guilty Of Mother's Rape
The Gauhati High Court has upheld the conviction of a man for rape of his mother, holding that the Supreme Court's observations on incestuous sexual violence requiring an "unsparing judicial response" would apply to the present case.A Division Bench of Justice Michael Zothankhuma and Justice Budi Habung observed, "In the present case, the perpetrator of the crime is the 33 year old son, who...
Renukaswamy Murder Case | Witness Speaking Against Prosecution In An Unguarded Moment Not 'Hostile': Darshan To Karnataka High Court
The Karnataka High Court on Wednesday (August 12) reserved its orders on a crucial legal question arising in the Renukaswamy murder case involving actors Darshan and Pavitra Gowda—whether the prosecution can cross-examine its own witness under Section 154 of the Indian Evidence Act, 1872, without first having the witness declared hostile.A single judge bench of Justice M. Nagaprasanna heard...
Gauhati High Court Quashes Defamation Case Against Asomiya Pratidin's Chief Editor, Printer And Publisher
The Gauhati High Court quashed criminal defamation proceedings against the Chief Editor and the Printer and Publisher of Asomiya Pratidin, taking note of the complainant's stand that the publication had not spoiled his reputation in society.Justice Shamima Jahan observed, “The first exception to section 499 IPC provides that it will not be defamation to impute anything which is true...
Delhi High Court Rejects Challenge To Black Money Act Provisions With ₹60K Costs, Says It Was Filed To Avoid Prosecution
Delhi High Court has dismissed challenge to the constitutional validity of the proviso to Section 3(1) and Clause (c) of Section 72 of the Black Money (Undisclosed Foreign Income and Assets) and Imposition of Tax Act, 2015.A Division Bench comprising Justice Dinesh Mehta and Justice Rajneesh Kumar Gupta said that the challenge was a “subterfuge to obviate prosecution” and dismissed three...
No Motor Vehicle Tax On Vehicle Rendered Unroadworthy After Accident, Even If Owner Failed To Intimate Authorities: Kerala High Court
The Kerala High Court has held that motor vehicle tax cannot be imposed for a period during which a vehicle was neither used nor kept for use on the road because it had become completely unroadworthy, even if the registered owner failed to submit the prescribed advance intimation in 'G Form' under Kerala Motor Taxation Rules. Justice Ziyad Rahman A.A., was delivering the judgment in a...
Brutality Of Crime Alone Can't Justify Death Penalty: Gauhati High Court
The Gauhati High Court has held that brutality of a crime alone cannot justify confirmation of a death sentence and that capital sentencing must also consider whether the accused is capable of reformation before holding that life imprisonment is unquestionably foreclosed.A Division Bench of Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury observed,"...the sentencing must be...
Prosecution's Failure To Produce Witnesses 'Indirectly' Helping Accused: Allahabad High Court Grants Bail In PFI 'Terror Plot' Case
The Allahabad High Court on Monday granted bail to two accused booked under the Unlawful Activities (Prevention) Act, 1967 (UAPA) in a case alleging a conspiracy to attack Hindu religious organisations and sensitive places in Uttar Pradesh, observing that the trial had made "very poor" progress despite repeated directions for its expeditious conclusion. A bench of Justice Rajesh Singh Chauhan and Justice Ram Manohar Narayan Mishra noted that the appellants had been in jail since February 17,...
Schools Must Encourage Children To Speak Up Against Discomfort Or Fear: Delhi High Court Upholds Teacher's POCSO Conviction
The Delhi High Court has emphasised that schools must encourage children to speak up against any conduct which makes them feel discomfort or fear and that they must he aware of their rights.“The Court is of the view that educational institutions must, instead, ensure that children are made aware of their rights and are encouraged to speak about any conduct which causes them fear, discomfort...
Alleged ₹90 Lakh Embezzlement, Irregular Land Allotments: J&K&L High Court Refuses To Quash Graft Probe Against Ex-DIC GM
The Jammu & Kashmir and Ladakh High Court has refused to quash an Anti-Corruption Bureau FIR against a former General Manager of District Industries Centre (DIC), Pulwama, in a case involving allegations of embezzlement of over ₹90 lakh from the Government treasury and irregular allotment of industrial land even after the concerned estates had been transferred to the State Industrial Corporation of India (SICOP).Declining interference Justice Shahzad Azeem observed, “To stifle...
Explosives Licence Suspension | Uploading Order On Online Portal Not Valid Service, Must Be Sent By Post: Madras High Court
The Madras High Court has set aside the suspension of an explosives dealer's licence, holding that an order suspending or revoking a licence under the Explosives Rules 2008 must be served in the manner prescribed under Rule 118(3) which contemplates service by post at the address of the licensee. [2026 Livelaw (Mad) 383]Justice Mohammed Shaffiq held that uploading the suspension order on...