High Courts
Complainant Declining Medical Examination Despite Alleging Sexual Assault Can Weaken Prosecution Case: Delhi High Court
The Delhi High Court has observed that refusal of the prosecutrix to undergo medical examination despite alleging serious sexual assault can weaken the prosecution's case.Justice Ravinder Dudeja made the observation while dealing with the anticipatory bail plea of the accused.The bench noted that in the FIR the prosecutirx had alleged threats and abusive conduct and did not disclose...
Bar On Revision Of Interlocutory Order U/S 438(2) Of BNSS Can't Be Bypassed By Invoking Inherent Jurisdiction: Delhi High Court
The Delhi High Court has held that the bar prescribed under Section 438(2) of the Bhartiya Nyay Surakhsha Sanhita 2023 against revision of interlocutory orders cannot be bypassed by invoking the High Court's inherent powers.Justice Girish Kathpalia observed, “What is prohibited by law cannot be done by invoking inherent powers, as that would be allowing backdoor entry to the relief...
Burden To Prove Customer's Liability In Case Of Unauthorized Electronic Banking Lies Upon Bank: Allahabad High Court
The Allahabad High Court has held that under the RBI Circular dated June 6, 2017 titled “Customer Protection-Limiting Liability of Customers in Unauthorised Electronic Banking Transactions”, the burden to prove customer's liability in case of unauthorized electronic banking lies upon the bank.Referring to Clause 12 of the aforesaid Circular the bench of Justice Shekhar B. Saraf and...
Accusing Husband Of Extra-Marital Affair, Insulting Him In Front Of Friends Is Cruelty: Bombay High Court
The conduct of a wife refusing to have a physical relationship with her husband and accusing him of having an extra-marital affair, while insulting him in front of his friends, will amount to cruelty to the husband, the Bombay High Court held on Thursday. A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale also said that the wife insulting the husband in front of his friends...
Maintenance Cases Require Expeditious Disposal As 'Sufferer' Is A Lady In Most Cases; Courts Must Be Sensitive: Allahabad HC
The Allahabad High Court recently stressed the need for the courts to act with greater sensitivity and urgency in deciding maintenance applications filed under Section 125 CrPC (or Section 144 Bharatiya Nagarik Suraksha Sanhita, 2023), observing that in most of such cases, the 'sufferer' is the wife. A bench of Justice Nalin Kumar Srivastava made these remarks while directing a...
'Monstrous Conduct; Betrayed Trust': Andhra Pradesh HC Denies Bail To Man Accused Of Killing Employer's Wife, Committing Necrophilia
The Andhra Pradesh High Court earlier this week refused to grant bail to a 21-year-old man accused of brutally murdering the wife of his employer (a proctologist/Doctor) and subsequently committing rape on her dead body, noting that the accused's conduct was 'monstrous' and amounted to an act of 'outrageous criminality'. Perturbed over the serious allegations levelled against the...
Merely 'Liking' A Post Not Enough To Show Intent To Hurt Religious Sentiments: Madras HC In FIR Over Alleged Posts On RSS
The Madras High Court (Madurai Bench) earlier this month granted anticipatory bail to four men accused of provoking religious unrest by allegedly liking social media posts labelling RSS and Bajrang Dal as terrorist organisations. A bench of Justice P Vadamalai observed that a mere 'shared like' on a social media post cannot be construed as an intention to hurt...
Delhi High Court Orders Lava To Pay ₹20 Crore Pro Tem Deposit In Patent Infringement Suit By Dolby Over Breach Of 'FRAND' Obligations
In a major setback for Indian mobile company Lava, the Delhi High Court has ordered a pro tem deposit of over ₹20 crore, in the patent infringement suit filed by Europe based audio/video processor Dolby International.In doing so, Justice Amit Bansal deprecated Lava's conduct during negotiations with Dolby— amounting to 'patent holdout'.“Throughout the negotiations that were carried out...
Facilitating Defence Is Justifiable Basis For Seeking Bail: Punjab & Haryana HC Grants Bail In Attempt To Murder Case
Facilitating a fair opportunity for the accused to defend themselves can be a valid ground for granting bail, observed the Punjab and Haryana High Court while allowing bail in an attempt to murder case.In the present case, the Court granted regular bail to an accused in attempt to murder case considering that all prosecution witnesses were examined except one witness, namely, the...
'Children May Suffer Diseases': AP High Court 'Alarmed' By Govt Hostel Conditions, Seeks Report From Chief Secretary
While hearing a PIL highlighting the alarming inadequacies of basic facilities in student hostels run by the State Government, the Andhra Pradesh High Court has directed the Chief Secretary to formulate complete proposals outlining measures to alleviate the miseries of students living in such hostels.Expressing grave concern over the reports of unhygienic conditions, overcrowding, and lack...
Plea In Madras High Court Seeks Advisories For Media Reporting In Aftermath Of Aviation Accidents, Says Prematurely Blaming Pilots Wrong
A plea has been filed in the Madras High Court calling upon the Ministry of Civil Aviation, the Director General of Civil Aviation, and the Ministry of Electronics and Information Technology to issue necessary guidelines/advisories for media reporting in the aftermath of aviation accidents. The plea, filed by an Advocate M Pravin from Coimbatore, sought for detailed guidelines to...