Plea Filed In 2025 To Quash FIR Lodged In 2022 Would Be Governed By BNSS, Not CrPC: Sikkim High Court

The Sikkim High Court has recently upheld that maintainability of a petition filed in 2025 under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking quashing of an FIR lodged on 16.08.2022 for offences alleged to be committed on 13.08.2025.The central argument raised against the maintainability of the petition was that the BNSS, which repeals the Code of Criminal Procedure,...

Uttarakhand HC Stays SEC Decision Allowing Candidates In Multiple Voter Rolls To Contest Panchayat Polls

The Uttarakhand High Court on Friday stayed a clarification issued by the State Election Commission (SEC) that permitted candidates to contest local body elections even if their names appeared in multiple electoral rolls. The Court observed that the clarification, on its face of it, appeared to be prima facie contrary to the express provisions of the Uttarakhand Panchayati Raj...

Delhi High Court Half Yearly Digest: January To June, 2025 [Citations 1 - 719]

Citations 2025 LiveLaw (Del) 1 to 2025 LiveLaw (Del) 719NOMINAL INDEXABC v. UNION OF INDIA AND ORS 2025 LiveLaw (Del) 1SMITA KUMARI RAJGARHIA v. GOVT. OF NCT OF DELHI 2025 LiveLaw (Del) 2RAHUL MISHRA & ANR. v. JOHN DOE & ANR 2025 LiveLaw (Del) 3Sumit Bharana v. UoI 2025 LiveLaw (Del) 4M/S G.S Industries v. Commissioner Of Central Tax And Gst, Delhi (West) 2025 LiveLaw (Del) 5The...

Mere Absence Of Activity At Principal Place Of Business Doesn't Mean Invoices Issued To Assessee Are Fake: Allahabad High Court

The Allahabad High Court has held that merely because there was no activity at the principal place of business of the assessee, it cannot be presumed that the invoices issued in favour of such assessee are fake. Petitioner approached the High Court seeking quashing of the penalty order under Section 129(3) of the CGST Act and seeking release of the goods confiscated under...

Recovery Suit Against Bank For Misappropriating Funds From Current Account Maintainable Before Commercial Court: Karnataka High Court

The Karnataka High Court has said that misappropriation of funds, or loss of funds from a customer's 'current account' maintained by a banking institution, is a commercial dispute and the customer's recovery suit against the bank is maintainable before the Commercial Court.Justice M Nagaprasanna held thus while allowing the petition filed by M/s. Viswas Textile Processors. The petitioner...

'Manifestly Illegal': Allahabad HC Raps Ballia SP For Treating Court's Order As Written First Information Itself, Seeks Explanation

In a strongly worded order passed earlier this month, the Allahabad High Court came down heavily on the Superintendent of Police, Ballia, Omvir Singh, for treating the Court's earlier direction to register an FIR as the written First Information itself. The Court expressed surprise that its order dated May 29, 2025, had been directly entered as the FIR (chik FIR), instead of following...

[Section 145 Cr.PC] Land Attachment Order Cannot Be Passed Merely On Tehsildar's Report Apprehending Breach Of Peace: J&K High Court

The Jammu & Kashmir High Court has set aside an order passed by the Additional District Magistrate, Kupwara, under Section 145 of the Criminal Procedure Code, holding that the attachment of land and handing over of possession to third parties was done without adhering to the statutory procedure.A bench of Justice Vinod Chatterji Koul said that a magistrate must follow due procedure by...

'Undermines Judicial System, Harshest Penalty Required': Allahabad HC Deprecates Trend Of Prosecuting Agencies Targeting Lawyers

In a series of strongly worded orders, the Allahabad High Court recently took serious note of allegations that UP police officers threatened a 90-year-old petitioner and attempted to intimidate his lawyer in connection with a pending Public Interest Litigation (PIL) plea filed alleging encroachment. A bench of Justice JJ Munir decried the trend of investigating lawyers for...

UP Govt Opposes Maintainability Of Jamiat Ulema-i-Hind's PIL In Allahabad HC For Enforcing SC Directives On Mob Lynching In State

The Uttar Pradesh Government has opposed the maintainability of a Criminal Public Interest Litigation (PIL) plea filed by Jamiat Ulema-i-Hind before the Allahabad High Court, which seeks compliance with the Supreme Court's guidelines laid down in Tehseen S. Poonawalla v. Union of India (2018), on preventing and addressing incidents of mob lynching and mob violence.On Thuesday, a bench...

S.138 NI Act | When No Evidence Is Led To Prove Proprietorship, Complainant Can't Be Treated As Payee: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that when a complainant fails to prove proprietorship of a sole proprietorship concern, they can't be treated as the payee or holder in due course under Section 138 of the Negotiable Instruments Act. It held that a mere authority letter issued after the complaint was filed does not constitute sufficient proof of authorisation.Justice Rakesh...

Rejection Order Uploaded On K-Smart Portal Valid Communication By Municipality, Applicant Can't Insist On Physical Copy: Kerala High Court

The Kerala High Court has recently held that an order rejecting a renewal application, which was uploaded on the K-Smart portal, is valid electronic communication in compliance with Section 447(6) of the Kerala Municipality Act, 1994 (the Municipality Act).Section 447(6) of the Municipality Act provides that an applicant is entitled to a 'deemed license' if the order of accepting or rejecting...

Irregular Appointments Cannot Be Equated With Illegal Ones, Qualified Appointees With 10+ Years' Service Must Be Regularized: J&K High Court

Declaring that irregular appointments cannot be equated with illegal ones, the High Court of Jammu & Kashmir and Ladakh has ruled that qualified individuals appointed through a proper selection process and who have served in sanctioned posts for more than a decade are entitled to regularization of their services. In a judgment passed by Justice Sanjay Dhar, the Court directed the...