High Courts
Sessions Court Can't Relegate Accused Seeking Anticipatory Bail To Approach Police For Relief U/S 41A CrPC Or S.35 BNSS: Patna High Court
The Patna High Court has held that Sessions Courts cannot ask accused seeking anticipatory bail to approach the police for relief under Section 41A of the CrPC/Section 35 BNSS. In doing so the court emphasized that the competent courts cannot shut their doors and refer the petitioners to go to other fora for protection of their liberty.Section 41A of CrPC pertains to Notice of appearance...
Punjab & Haryana High Court Imposes ₹10K Cost On Investigating Officer For Not Following HC Order, Directs Recovery Of Amount From Salary
The Punjab and Haryana High Court imposed a cost of ₹10,000 on an Investigating Officer (IO) who failed to follow Court's direction to remain present along with the case diary.The Court was hearing a protection plea against Police Officers who allegedly withdrawn over Rs. 6.4 lakhs from petitioner's account and arrested him in a cyber crime case, without following the due process. During...
Knife Is A 'Deadly Weapon' Irrespective Of Its Dimensions, Recovery Not Essential To Attract Offence U/S 397 IPC: Delhi High Court
The Delhi High Court has made it clear that dimension or type of knife used to threaten a person of injury is irrelevant for the purpose of attracting the offence of Section 397 IPC.The provision states that if, at the time of committing robbery or dacoity, the offender uses any deadly weapon, or causes grievous hurt to any person, or attempts to cause death or grievous hurt to any person,...
Delhi High Court Judges Endorse 'Right To Be Forgotten' But Flag Gaps In Its Enforcement
Three Delhi High Court judges- Justice Mini Pushkarna, Justice Anish Dayal and Justice Tejas Karia on Tuesday spoke about the significance of the Right to be Forgotten in the digital era, emphasising that while the said right is important, every matter has to be adjudicated on a case to case basis and its facts. The judges were speaking at the 50th Legal Discussion organised by...
14-Year-Old Attempts Suicide At Madras High Court After Being Ordered To Be Put In Govt Children's Home
A 14-year-old girl attempted suicide at the Madras High Court on Tuesday, after she was ordered to be sent to a Government Children's Home. As per reports, she has been taken to the hospital after sustaining serious injuries and is under observation. The girl had come to the court in connection with a habeas corpus petition filed by her father. The father had filed a complaint before...
Parties' Decision To Transact Goods In 'Sound Condition' Prevails Over Prior Agreement To Transact On 'As Is Where Is' Basis”: Delhi HC
The Delhi High Court bench of Justices Anil Kshetarpal and Justice Harish Vaidyanathan Shankar while upholding an arbitral award has observed that if the parties had agreed to transact goods on 'as is where is' basis in the tender document but agreed in the acceptance letter that the goods would be transacted on 'sound condition' basis, then the earlier agreement will stand substituted...
'Why Play With Client's Life?': Gujarat High Court Orally Criticizes Lawyer For 30 Non-Appearances In Senior Citizen's Plea
While hearing a senior citizen's plea seeking release of pension, the Gujarat High Court on Tuesday (August 12) orally expressed its disapproval with the fact that the matter filed in January 2024 had been adjourned at least 30 times due to non-appearance of the petitioner's advocate. The court was hearing a man's plea seeking pension and gratuity benefits. When the matter was taken up...
Kerala High Court Issues Notice On KTU Vice-Chancellor's Plea Seeking Direction To Resolve Administrative Stalemate
The Kerala High Court on Tuesday (August 12) issued notice on a plea by APJ Abdul Kalam Technological University's (KTU) Vice-Chancellor Dr. K. Sivaprasad seeking court's interference to resolve alleged administrative stalemate.The matter was listed before a different bench, after recusal of Justice N. Nagaresh on Monday (August 11). When the matter came up for consideration, the...
Gross Misconduct Of Police: Punjab & Haryana High Court Flags Negligent Approach Of Lower-Rank Officers In Collecting Medical Reports
The Punjab and Haryana High Court strongly criticised the gross misconduct and negligent attitude of lower-rank police officers in handling criminal investigations.The development occurred during the hearing of a pre-arrest bail plea filed by a man accused of injuring a pregnant woman. The Court noted that although the incident occurred on June 16, the Investigation Officer moved an...
Court Cannot Direct Police To Ascertain Actual On-Ground Situation In Application For Police Assistance: HP High Court
The Himachal Pradesh High Court has held that a court, while deciding an application for police assistance, can only grant or refuse such assistance for implementing its order and cannot direct police officers to ascertain the actual situation on the spot.Justice Ajay Mohan Goel remarked that: “….by no stretch of imagination in such an application, the Court can direct an Officer or...
Complainant's Privacy Concern Can't Come In Accused's Way To Preserve Call Records Claimed To Be Exculpatory Evidence: Delhi High Court
The Delhi High Court on Tuesday ruled that the privacy concern of a complainant cannot come in the way of an accused seeking preservation of Call Detail Records which is claimed to be exculpatory evidence.“Preservation of exculpatory evidence is of the utmost sanctity for purposes of ensuring a fair trial guaranteed under Article 21 of the Constitution of India; and a narrow construction...
Delhi High Court Imposes ₹50K Cost On Trader Who Missed Personal Hearing After Failing To Check GST Portal
The Delhi High Court recently refused to interfere with a GST demand raised against a trader, who failed to either appear for personal hearing or even file a reply.Though the trader sought to contend that reply could not be filed as he is not a frequent visitor to the GST portal, a division bench of Justices Prathiba M. Singh and Renu Bhatnagar said,“It is a matter of practice of the...