No Vicarious Liability: Rajasthan HC Quashes FIR Against Daughter Registered After Father In Criminal Case Transferred Her Some Money

Rajasthan High Court quashed an FIR against a daughter (“Petitioner”) who was charged in a case of cheating, on account of the fact that she received some money from her father that was alleged to be received by him under dishonest inducement from the complainant with whom he had entered into an agreement to sale. The bench of JusticeFarjand Ali held that the rule of...

Kerala High Court Weekly Round-Up: February 10- February 16, 2025

Nominal Index [Citations: 2025 LiveLaw (Ker) 92- 111]Divya K S v State of Kerala, 2025 LiveLaw (Ker) 92State of Kerala v Dr Jyothish Kumar V& Connected Cases, 2025 LiveLaw (Ker) 93T.M.Leela and another V. P.K.Vasu , 2025 LiveLaw (Ker) 94Dr.S.Ganapathy V Union Of India, 2025 LiveLaw (Ker) 95Sunil Kumar H. and Others v State of Kerala and Another & connected cases, 2025 LiveLaw...

Uncorroborated Expert Evidence Not Enough To Convict When Key Witnesses Turn Hostile: Rajasthan High Court Upholds Acquittal In POCSO Case

While upholding a man's acquittal by the trial court in a POCSO case, the Jodhpur bench of the Rajasthan High Court held that in cases where the victim, complainant, or the key witnesses turned hostile or failed to support the prosecution's story, then conviction can't be solely based on expert/scientific evidence without supporting testimonies. Justice Arun Monga noted that the...

Proceedings Against Delinquent Employee Are Abated On His Death Since No One Else Can Effectively Defend Allegations: Rajasthan High Court

Rajasthan High Court has ruled that a delinquent employee is the only person who can properly defend himself/herself in departmental proceedings initiated against him/her by the State, and following the death of such delinquent employee during the proceedings, the inquiry cannot continue and the proceedings are abated. The bench of Justice Anoop Kumar Dhand was hearing a petition...

In Ex-Parte Proceedings, Court Is Not Expected To Blindly Pass Orders In Favour Of The Party Which Is Present: Kerala High Court

The Kerala High Court has held that in ex-parte proceedings, a Court can pass an order in favour of the party present only if they can successfully establish their rights or the liability of the opposite party. The Division Bench comprising of Justice A. Muhamed Mustaque and Justice P. Krishna Kumar added that the court is not expected to blindly pass an order in favour of the...

Constable Recruitment | Haryana Govt Can't Ask For Fresh Backward Class Certificate At Second Stage Of Selection: P&H High Court

The Punjab & Haryana High Court has made it clear that the Haryana Staff Service Commission (HSSC) cannot ask for latest Backward Class (BC) certificate at the second stage of selection process when the certificate is filed at the time of Common Eligibility Test (CET).Justice Jagmohan Bansal said, "In the absence of particular date in the rules or advertisement, last date prescribed...

Delhi High Court Weekly Round-Up: February 10 To February 16, 2025

Citations 2025 LiveLaw (Del) 153 to 2025 LiveLaw (Del) 189NOMINAL INDEXRENUKA KULKARNI & ORS v. STATE and other connected matter 2025 LiveLaw (Del) 153 SIR RATAN TATA TRUST & ANR v. DR. RAJAT SHRIVASTAVA & ORS. 2025 LiveLaw (Del) 154 Rocktek Infra Services Pvt. Ltd. v. Principal Commissioner Of Customs (Import) 2025 LiveLaw (Del) 155 Abdul Rashid Sheikh v. NIA 2025 LiveLaw...

'Homage' To Deceased Singer: Punjab & Haryana HC Grants Pre-Arrest Bail To Author Of Book On Sidhu Moosewala In Defamation Case

The Punjab & Haryana High Court has granted anticipatory bail to the author of a book based on deceased Punjabi singer Sidhu Moosewala's life account, in a defamation case.A complaint was filed by Moosewala's father against the author–Manjinder Singh who wrote the book 'The Real Reason Why Legend Died' under sections 451, 406(criminal breach of trust), and 380(theft) of the Indian...

MV Act | 'Victim Deprived Of Compensation For Over 20 Yrs, Our System Responsible For Delay': Punjab & Haryana HC Awards ₹1.3 Crore As Damages

Observing that the judicial system needs self-assessment as it was "responsible" for a delay of 24 years to decide "just compensation" to a road accident victim suffering pelvic fracture urethral injury, the Punjab and Haryana High Court has awarded the claimant Rs.1.3 Crores in compensation.The Court enhanced the compensation from Rs.7 lakhs awarded by the Tribunal to Rs.1.3 Crores to the...

Section 36 Of Arbitration Act As Amended Applies To Pre-Amendment S.34 Applications: Allahabad High Court Reiterates

The Allahabad High Court bench of Justice Piyush Agrawal, placing reliance upon the judgment of the Supreme Court in Board of Control for Cricket in India vs. Kochi Cricket Private Limited & Others (2018), held that the amended Section 36 of the Arbitration and Conciliation Act, 1996 applies prospectively to court proceedings initiated on or after the date of commencement...

J&K High Court Cautions Against Use Of "Divorcee" Against Name Of Women In Cause Title, Says Such Pleas Would Not Be Registered

The Jammu & Kashmir High Court directed practitioners/litigants to refrain from using the expression “divorcee” against the name of women in any petitions or applications in court proceedings. The Court also warned that if any petition or application refers to such an expression, the same shall not be registered/diarized. The Court observed that if a woman is labeled and shown...

'Long Incarceration Can Damage Undertrial's Mental Health, Lead To Drug Abuse': Bombay HC Grants Bail To Murder Accused In Jail For Over 9 Yrs

The Bombay High Court on Friday (February 14) while granting bail to a man who spent more than nine years in jail, stressed on the long-term negative effects due to long incarceration on the physical and mental health of an individual.Justice Milind Jadhav noted that the applicant Ganesh Mendarkar spent nine years and twenty five days in jail on a charge of murder, while the co-accused in...