Preventive Detention Becomes Unconstitutional When Used To Incarcerate For Past Offences Despite Grant Of Bail: Calcutta High Court

The Calcutta High Court has held that an order of preventive detention becomes unconstitutional when it is weaponised to punish for earlier crimes, and continue custody of an accused even after bail had been granted by the courts.A division bench of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra held:"The legal distinction between preventive and punitive detention is well...

Married Woman Consenting Sexual Intercourse Outside Wedlock 'Immoral' But Not Rape On False Promise To Marry: Punjab & Haryana High Court

The Punjab and Haryana High Court has set aside the conviction of a man in a rape case filed by a married woman who alleged sexual assault based on a false promise of marriage.Justice Shalini Singh Nagpal said,“When a fully matured married woman, consents to sexual intercourse on a promise of marriage and continues indulging in such activity, it is merely an act of promiscuity, immorality...

'Public Exchequer Will Suffer': Rajasthan High Court Stays GO Prima Facie Regularizing Illegal Colonies, Orders Action Against Errant Officials

The Rajasthan High Court has stayed the operation of Urban Development and Housing Department's March 12 order, allegedly regularizing illegal colonies and encroachments set up on the public land in Jaipur which was acquired for Rajasthan Housing Board.The division bench of Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit further directed demolition and removal of such...

'Greedy Investors Pumping Money Into Unsustainable Ventures Distort Market Balance, Must Be Prepared For Consequences': Delhi HC In Cheating Case

The Delhi High Court has held that investors, who gamble their money with impractical promises of “unbelievably high returns”, must own their risks instead of running to the State and crying foul when they face loss.“It may sound brutal but seems fair: if you choose greed, you choose risk; and if you choose risk, you choose consequences…Easy money is a trap. If the returns...

Rajasthan High Court Denies State's Plea To Withdraw Case Against BJP MLA Accused Of Forging Class 10 Marksheet To Contest Elections

The Rajasthan High Court rejected State's plea to withdraw a criminal case against Churu MLA Harlal Singh from BJP, who is accused of using forged Class 10 marksheet along with his nomination papers for contesting the election of Zila Parishad member in 2015. Terming it a “gruesome crime involving misuse of public office and public money”, the division bench of Justice Inderjeet Singh...

High Court Can't Assume Jurisdiction U/S 482 CrPC To End Trial If Case Involves Disputed Questions Of Facts: Allahabad High Court

The Allahabad High Court has recently held that where disputed questions of facts are involved, it cannot under Section 482 CrPC assume jurisdiction for appreciation of evidence. The case must be dealt by the trial court, held the Court.Holding that disputed questions of facts were involved, Justice Deepak Verma held,“it is well settled that the appreciation of evidence is a function of...

Non-Signatory Must Have Live & Proximate Connection To Arbitration Agreement For Being Pulled Into Proceedings U/S 9 Of A&C Act: Telangana HC

The Telangana High Court Division Bench comprising of Justice Moushumi Bhattacharya and Justice B.R. Madhusudhan Rao has observed that for being pulled into the proceedings u/s 9 of the Arbitration & Conciliation Act, a non-signatory must have a live and proximate connection to arbitration agreement. The bench observed that the law has pushed the boundaries to pull in non-signatories...

'Trial Courts Consistently Failing To Perform Judge's Duties Despite Regular Training': MP High Court While Acquitting Rape Convict

The Madhya Pradesh High Court overturned the conviction passed by the Trial Court under the POCSO Act, noting that the trial court had 'committed several irregularities'. The court noted that the trial court failed to take 'cognizance of ossification test report available on record and, secondly, it did not pose questions under Section 313 of Cr.P.C. to the accused/applicant on the basis of...

Import Of Counterfeit iPhones Dilutes Brand Equity, Affects Consumer Welfare: Delhi High Court In Customs Fraud Case

The Delhi High Court has expressed concern over alleged import of counterfeit iPhones, stating that such imports not only affect brand owners but also adversely affect consumer welfare— as old and used products could get re-branded as new ones.A division bench of Justices Prathiba M. Singh and Shail Jain thus observed,“Consumers in India may be made to pay more for used, second hand...

Orissa High Court Half Yearly Digest: January - June, 2025

Citations: 2025 LiveLaw (Ori) 1 To 2025 LiveLaw (Ori) 82Nominal Index [Citations 1-82]MH BLAND S.L. v. MV PROPEL FORTUNE (IMO 9500699), 2025 LiveLaw (Ori) 1Doyel Dey v. The Judge, Family Court, Balasore & Anr., 2025 LiveLaw (Ori) 2Sonel Sekhar Nayak & Ors. v. State of Odisha & Anr., 2025 LiveLaw (Ori) 3Binod Pattanayak v. Union of India, 2025 LiveLaw (Ori) 4Ashok Kumar Swain...

'Army Authorities Misrepresented Facts Before Court': P&H HC Objects To Denial Of Regularisation To Personnel Serving For Over 30 Yrs

In a scathing judgment, the Punjab and Haryana High Court criticized the Army authorities for presenting a “sorry state of affairs” by "manipulating facts" to deny regularisation benefits to employees who had rendered over three decades of service.The Union Government claimed that the post for which regularisation was sought was abolished at the time when the CAT has directed for the...

Legal Heirs Of Company Director Cannot Maintain Suit Over Company's Property, Only Shareholders Or Directors Can: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has reiterated that a company, being a distinct legal entity, alone has the right to sue in respect of its property, and such action can only be initiated through its shareholders or directors, not by the legal heirs of its founder in their personal capacity.A bench of Justice Javed Iqbal Wani was dealing with a plea seeking rejection of a...