S.223 BNSS | Accused Must Be Heard Before Magistrate Takes Cognizance Of Offence Based On Complaint: Kerala High Court

The Kerala High Court recently held that a magistrate must give an opportunity of hearing to the accused person before taking cognizance of an offence based on a complaint. The Court found that this is a mandate under the proviso to Section 233 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.Justice Badharudeen observed:“Thus, the crucial aspect of Section 223(1) is the first...

'Mere Imposition Of Costs Cannot Justify Condonation Of Inordinate Delay Without Sufficient Cause': Bombay High Court

The Bombay High Court has held that in the absence of a reasonable and plausible explanation, inordinate delay in filing a restoration application cannot be condoned merely by imposing costs, and doing so would amount to disregarding accrued rights of the opposite party.Justice Mrs. Vrushali V. Joshi was hearing a civil revision application filed by the original defendant challenging the order...

'Reputation Being Tarnished': DNA Entertainment To Karnataka High Court In Plea To Quash Inquiry Commission's Report On Bengaluru Stampede

Event management firm M/s DNA Entertainment Network Private Limited seeking quashing of a judicial inquiry report regarding Bengaluru Stampede which occurred in May, told the Karnataka High Court on Tuesday (July 29) that every second its reputation is being tarnished. The court was hearing the firm's plea to quash the one member judicial inquiry report submitted by Retired justice John...

Delhi High Court Weekly Round-Up: July 21 To July 27, 2025

Citations 2025 LiveLaw (Del) 826 to 2025 LiveLaw (Del) 847NOMINAL INDEXYash Sharma and Ors vs. West Central Railway and Ors 2025 LiveLaw (Del) 826 Teena Choudhary v. UPSC & Anr. 2025 LiveLaw (Del) 827 Banti Kumar Mathur v. The State Of Nct Of Delhi 2025 LiveLaw (Del) 828 X v. Y 2025 LiveLaw (Del) 829 SANEESH SOMAN v. NARCOTICS CONTROL BUREAU 2025 LiveLaw (Del) 830 Anurag Dalmia v....

Victim Not Holding Valid Driving License Cannot Be Construed As Contributory Negligence In Accident Cases: Karnataka HC

The Karnataka High Court has held that contributory negligence cannot be attributed to the rider of a motorcycle who meets with a road accident, only because he was not holding a driving license to ride his vehicle.A single judge Justice Dr Chillakur Sumalatha said “Only because the appellant was not holding driving license to ride his vehicle which is involved in the accident it cannot be...

A Single Adverse Remark, Doubtful Integrity Is Enough: Gujarat High Court Upholds Compulsory Retirement Of Judicial Officer

The Gujarat High Court upheld the compulsory retirement of a 58-year-old judicial officer, noting that while such an action was not a punishment, the court can't interfere with the "wisdom" of the full court and exercise judicial review when the judicial officer had himself not alleged patent illegality or malafides regarding the decision making process. A division bench of Justice AS Supehia...

Printed Validity On Caste Certificate Is Insignificant If It Certifies Holder's OBC Status For Specific Financial Year: HP High Court

The Himachal Pradesh High Court has held that the printed validity of a period at the top of an OBC certificate becomes irrelevant if the certificate clearly certifies the applicant's OBC status for a specific financial year.Justice Jyotsna Rewal Dua said: “It is the fact certified in the certificate that is material. If that certification is about status as OBC for a specific period and if...

S.230 BNSS | AP High Court Quashes UAPA Charges Against Accused Citing Non-Service Of Witness Statements, Remits Matter Back To Trial Court

The Andhra Pradesh High Court has remitted four criminal appeals– two challenging dismissal of discharge applications and the other two challenging framing of charges –back to the trial court in a UAPA case, after noting that statements of protected witnesses were not supplied to the accused. A division bench Justice K. Suresh Reddy and Justice V Sujatha in its order noted that...

Kerala High Court Recommends Centre To Amend Criminal Procedural Law, Special Statutes To Effectively Prosecute Dissolved Companies

In a case concerning prosecution of a dissolved company accused of cheating various nursing aspirants of over Rs 100 crore, the Kerala High Court recommended to the Parliament to amend the criminal procedural law and if need be special statutes, for effective prosecution of dissolved companies.Justice A. Badharudeen in his order observed that Section 70 of PMLA Act does not distinguish a...

'Reaping From Rival's Cultivated Soil Is Impermissible': Calcutta HC Grants Injunction To Exide Industries Against Infringement Of Trade Dress

While allowing an injunction application by Exide Industries limited against a competitior who was infriniging on its trade dress, the Calcutta High Court bench of Justice Ravi Kishan Kapur held," “The fact that an existing competitor in comparison to a new entrant in the market has deliberately, intentionally and in a calculated manner attempted to reap from the cultivated soil of a...

TP Chandrasekharan Murder Case: Kerala High Court Denies Parole To Life Convict For Attending Newborn's Rice Feeding Ceremony

The Kerala High Court has declined the plea for emergency leave preferred by the wife of Sijith @ Annan Sijith, who is presently undergoing life imprisonment in the T.P. Chandrasekharan murder case.T P Chandrasekharan, who was a member of the Communist Party of India, Marxist [CPI (M)], formed a new political party called the Revolutionary Marxist Party (RMP). To wreck vengeance for the loss...

Punjab & Haryana High Court Monthly Digest: June 2025

Nominal Index [Citations 235 - 261]Ankur Lal v. Hon'ble Punjab and Haryana High Court and another LiveLaw 2025 (PH) 235Joginder Singh Sekhon and another v. State of Punjab and others LiveLaw 2025 (PH) 236 State of Haryana and others v. Rani Devi LiveLaw 2025 (PH) 237Surender Lather v. State of Haryana and another LiveLaw 2025 (PH) 238Dr Rosy Arora v. UT Chandigarh LiveLaw 2025 (PH) 239XXX...