Allahabad HC Alters Murder Conviction Of Family Members For Killing Man Who 'Attempted' To Rape Their Daughter

The Allahabad High Court on Thursday altered the conviction of 4 family members from murder to culpable homicide not amounting to murder, observing that the incident occurred in the heat of passion without premeditation as the deceased attempted to rape the daughter/sister of the accused persons.A bench of Justice Siddhartha Varma and Justice Jai Krishna Upadhyay thus modified the sentence...

Cheque Dishonour | Civil Compromise Decree Doesn't Automatically Bar Section 138 NI Act Prosecution: Kerala High Court

The Kerala High Court recently clarified that existence of a compromise decree in a civil suit does not ipso facto render the criminal prosecution under Section 138 of the Negotiable Instruments Act non-maintainable.Justice C.S. Dias refused to quash the criminal proceedings initiated against the accused in a cheque dishonour case since only the civil court, and not the criminal court,...

'Parties Cannot Raise Additional Claims Beyond Settlement Terms After Voluntarily Entering Into Compromise': Uttarakhand High Court

The Uttarakhand High Court has held that once parties voluntarily enter into a compromise and act upon its terms, they cannot subsequently raise additional claims beyond what was agreed. The Court observed that a party cannot resile from a binding settlement by seeking amounts not forming part of the compromise.Justice Alok Mahra was hearing an application seeking the quashing of...

Zee5 To Move Delhi High Court Against Centre's Advisory Not To Release 'Lawrence Of Punjab' Web Series

OTT platform ZEE5, owned by Zee Entertainment Enterprises Limited, is likely to move the Delhi High Court challenging an advisory issued by the Union Government not to release the upcoming web series “Lawrence of Punjab”.The web series is scheduled for release on April 27.The submission was made by Senior Advocate Rajiv Nayar appearing on behalf of the OTT platform before Justice...

Telling Employee to 'F*** Off' During Workplace Spat Without Sexual Intent Not Sexual Harassment: Punjab & Haryana High Court

The Punjab & Haryana High Court has held that use of the expression “f*** off” during a workplace dispute, though inappropriate, does not amount to sexual harassment in the absence of sexual intent or overtone.Justice Kirti Singh said, "It is also pertinent that the context of the communication in the present case prima facie arises out of a work related interaction. No doubt...

Calcutta High Court Denies Interim Relief To 16-Year-Old Student Expelled Over Bullying Allegations, Declines Plea To Sit For Exams

The Calcutta High Court has refused to grant interim relief to a 16-year-old student seeking permission to sit for internal examinations after being expelled by a private school over allegations of bullying, while holding that the writ petition challenging the disciplinary action is maintainable under Article 226 of the Constitution.Justice Reetobroto Kumar Mitra observed that any...

'Unique Problem, Unique Order': Karnataka High Court Stays Rape FIR Against Youth, Orders Him To Pay ₹75,000 Per Month To Victim & Child

The Karnataka High Court on Friday (April 24) stayed an FIR against the son of a BJP leader from Puttur, accused of repeatedly raping a classmate on false promise of marriage who later became pregnant and had a child, subject to payment of Rs. 75,000 per month to the victim till disposal of his quashing petition.The court was hearing the 22-year-old's plea seeking quashing of the FIR...

Rajya Sabha Election Bribery Row: Karnataka High Court Stays Probe Against Four Accused Of Trying To Bribe Odisha Congress MLAs

The Karnataka High Court on Friday (April 24) stayed investigation in an FIR against four men accused of attempting to bribe Odisha Congress MLAs to vote in favour of a BJP candidate during the Rajya Sabha elections conducted in March.The single judge bench of Justice M. Nagaprasanna has also asked the State to place on record the entire details regarding the case before the next date of...

Fresh Service Affidavit Based On Earlier Rejected Documents Cannot Prove Summons Service: Bombay High Court Imposes ₹50K Cost

The Bombay High Court has held that filing a fresh service affidavit based on documents earlier disapproved by the Court cannot be accepted as proof of service of summons. The Court observed that such conduct, despite repeated directions, warrants imposition of costs.Justice Gauri Godse was hearing an interim application filed by the defendants seeking permission to treat their affidavit in...

Habeas Corpus Plea Not Maintainable Against Custody Ordered By Child Welfare Committee: Allahabad High Court

The Allahabad High Court has reiterated that a Habeas Corpus petition against order of the Child Welfare Committee passed under Section 29(2) of the Juvenile Justice (Care and Protection of Children) Act, 2015. Amongst other, Justice Sandeep Jain relied on the decision of Full Bench of the Allahabad High Court in Rachna and Another vs. State of UP and Others wherein it was held that,“If...

Kerala High Court Issues Notice On PIL Against Mistreatment Of Captive Elephants During Thrissur Pooram, Other Temple Festivals

The Kerala High Court on Friday (April 24) issued notice to the parties in a public interest litigation seeking judicial intervention against the mistreatment of captive elephants during the Thrissur Pooram, which is scheduled to be held on April 26 this year.The vacation bench of Justice A.A. Ziyad Rahman and Justice K.V. Jayakumar admitted the PIL and the government pleader took notice...

Carrying Passengers Without Tickets Is Serious Misconduct: Allahabad High Court Upholds Termination Of Bus Conductor

The Allahabad High Court has upheld the dismissal of a bus conductor for carrying 59 passengers without ticket, stating that it is a serious misconduct.Petitioner was a conductor of the bus plying from Faizabad to Akbarpur. Upon inspection, it was found that 59 passengers on the bus were travelling without ticket. Petitioner was served with a charge-sheet, show cause notice, and eventually...