High Courts
Informing 'Grounds Of Arrest' To Accused Distinct From Mere Intimation Of Arrest: Gauhati High Court Issues Directives To Assam Police
The Gauhati High Court recently directed the Chief Secretary and Director General of Police, Assam, to ensure that when exercising the power to arrest without a warrant, the police or any other authority issues a notice to the arrestee under Section 47 of BNSS or any other relevant provision of a special law, stating the grounds of arrest. While hearing a bail application, the single judge...
Accused Can't Be Denied Certified Copy Of Documents Forming Part Of Chargesheet After Commencement Of Trial: Delhi High Court
The Delhi High Court has ruled that an accused cannot be denied the certified or attested copy of documents forming part of the chargesheet after commencement of trial. While granting relief to two accused persons, Justice Vikas Mahajan said:“Even assuming that copy of the hard disk in question was supplied to the accused persons at the stage of Section 207 Cr. P.C. proceedings, still the...
S.245 CrPC | Mandatory For Magistrate To Record Reasons While Allowing/Rejecting Discharge Petition Of Accused: Orissa High Court
The Orissa High Court has held that it is mandatory for the Magistrate to record reasons for not only allowing but also for rejecting a discharge petition filed by an accused under Section 245 of the Code of Criminal Procedure ('CrPC'). Clarifying the requirement under the provision of law, the Single Bench of Justice Sashikanta Mishra observed –“The language used in Section 245,...
Munambam Land Dispute| 'Issue Before Waqf Tribunal' : Kerala High Court Sets Aside Appointment Of Inquiry Commission
The Kerala High Court on Monday(17th March) allowed the petition challenging the appointment of Inquiry Commission to find a permanent solution in the dispute between the Munambam residents and the Waqf Board. Justice Bechu Kurian Thomas observed that the order of appointment has to be set aside as the matter was still pending before the Waqf Tribunal."However, as the issue is in...
Gestation Period Not Relevant For Termination Of Pregnancy If Medical Board Opines That There Exists Substantial Foetal Abnormality: Kerala HC
The Kerala High Court recently held that length of pregnancy is not a relevant consideration for permitting termination of pregnancy when the Medical Board opines that there is a substantial foetal abnormality.The Division Bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar thus permitted appellant-mother to carry medical termination of pregnancy, where the gestation period...
Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case
The Andhra Pradesh High Court, while rejecting the anticipatory bail plea of an accused in a sexual harassment case has observed that denying custodial interrogation can result in significant loopholes and gaps in the ongoing investigation that may adversely affect its integrity. Single judge Justice T. Mallikarjuna Rao also observed,“The anticipatory bail, the extraordinary privilege,...
Party Entering Settlement Agreement, Agreeing To Consent Award Cannot Later Object To Its Enforcement On Grounds Of Lack Of Knowledge: Delhi HC
The Delhi High Court bench of Justice Anish Dayal has rejected an objection raised by the Award Debtor against the enforcement of an Award on the ground that it was contrary to public policy since it was not informed by the Award Holder about a previous settlement with the Judgment Debtor's subsidiary. The Court deprecated the stance taken by the Award Debtor, as in view of the facts of...
Allahabad High Court Imposes ₹50K Cost On Centre, Railways For Denying Notional Increment To Employees Retiring A Day Before July 1
The Allahabad High Court has imposed a cost of Rs. 50,000 on the Union of India and various departments of Indian Railways for denying the benefit of notional increment to employees retiring on 30th June, despite the decision of the Supreme Court in Director (Administration and Human Resources) KPTCL and others v. C.P. Mundinamani and others and Union of India & Ors. Vs M....
S.239 CrPC | Accused Can Be Discharged When Prosecution Materials Even If Unrebutted Don't Indicate Culpability: Orissa High Court
The Orissa High Court has reiterated that an accused should be discharged when the materials produced at the time of consideration for framing of charge are of such a nature that if remain unrebutted, those would not indicate culpability of the accused whatsoever.While ingeminating the principles of law governing discharge of accused under Section 239 of the Code of Criminal Procedure...
Kerala High Court Weekly Round-Up: March 10- March 16, 2025
Nominal Index [Citations: 2025 LiveLaw (Ker) 166-180]Ajeesh @ Ajeeshkumar v State of Kerala, 2025 LiveLaw (Ker) 166Aanjaly Sandeep Shetty v. Additional Commissioner, 2025 LiveLaw (Ker) 167V. Subramanian v Union of India and Others, 2025 LiveLaw (Ker) 168K R Harikrishnan v SI of Police, 2025 LiveLaw (Ker) 169The Principal Commissioner of Income Tax v. Last Hour Ministry, 2025 LiveLaw...
'Avoid Ambiguity, Specify Essential Qualification': Allahabad HC Directs AMU To Ensure Clarity In Future Advertisements For Lecturer Posts
The Allahabad High Court has recently directed the Registrar of the Aligarh Muslim University (AMU) to be cautious and precise in its future advertisements for the posts of Lecturer, ensuring that no ambiguity surrounds the eligibility criteria. “…such ambiguity should be removed i.e. words shall be chosen carefully and instead of ambiguous words...
No Husband Would Tolerate Wife's 'Vulgar Chatting' Over Phone: Madhya Pradesh HC Upholds Divorce On Ground Of Mental Cruelty
While upholding the verdict passed by the Family Court, the Indore Bench of Madhya Pradesh High Court held that despite husband's objections, if a wife is involved in vulgar chatting with other men, it would amount to mental cruelty and a ground for divorce under Section 13 of the Hindu Marriage Act, 1955.A division bench of Justice Vivek Rusia and Justice Gajendra Singh observed, “It is...