All High Courts
Gujarat High Court Grants Bail To 5 In Vadodara Boat Capsize Incident
The Gujarat High Court on Monday (September 30) granted bail to five men in connection with the boat capsize incident which took place in a lake in Vadodara earlier in January. A single judge bench of Justice M R Mengdey while pronouncing the order said, "All applications are allowed". The five men who were granted bail–Pareshbhai Shah, Shantilal Solanki, Nilesh Jain, Vatsal Shah,...
Accused Not Entitled To Default Bail Just Because Court Failed To Conclude Trial Within 60 Days: Bombay High Court
The Bombay High Court recently held that a person is not entitled to default bail just on the ground that the trial in the case is not completed within 60 days as prescribed under section 437 (6) of the Criminal Procedure Code (CrPC).Sitting at Aurangabad bench, single-judge Justice Sanjay Mehare refused to grant bail to a woman booked in a fraud and criminal conspiracy case.The bench noted...
Civil Judge Has No Jurisdiction To Entertain Suit Filed U/S 92 CPC Or Under Section 2 Of Religious Endowment Act, 1863: Allahabad High Court
The Allahabad High Court has held that a Civil Judge does not have jurisdiction to entertain a suit filed under Section 92, C.P.C. or under the Religious Endowment Act, 1863.Justice Subhash Vidyarthi held that,“a Suit under Section 92 C.P.C. and Section 2 of the Religious Endowments Act, 1863 in the State of Uttar Pradesh can only be filed in the Court of the Principal Civil Court of...
"Modesty Of Women Worshiped In Our Country": MP High Court Refuses To Quash Rape Case On Compromise
The Madhya Pradesh High Court in a case rejected a petition seeking to quash an FIR under Section 482 of the CrPC for charges of rape and criminal intimidation, in spite of a compromise between the parties. Justice Prem Narayan Singh held that offenses like rape, have societal implications, cannot be quashed based solely on a settlement between the accused and the victim.The Justice Prem...
S.193(9) BNSS Bars Further Investigation After Filing Of Police Report Without Permission Of Trial Court: Rajasthan High Court
Rajasthan High Court has clarified that in light of proviso to Section 193(9) of the Bharatiya Nagrik Suraksha Sanhita (“BNSS”), where the police has already filed the report following investigation against the prime accused, no further investigation can be carried out without the permission of the trial court.Section 193 talks about report of police office on completion of investigation...
Will Issue Guidelines To Ensure No Individual Is Interrogated Overnight: Central Govt Tells Bombay High Court
The Bombay High Court was recently informed that the Central government is taking steps to ensure that no individual is detained overnight only for the purpose of interrogation.A division bench of Justices Revait Mohite-Dere and Prithviraj Chavan took the statement on record and ordered the Central government to place its guidelines, if any, before it on the next date of hearing. "At this...
Article 21 Extends To Foreign Citizen Facing Trial In India: Madras HC Stays Look Out Circular Against Seychelles Citizen, Permits His Travel
The Madras High Court recently stayed a lookout circular issued by the Central Bureau of Investigation against a Seychelles citizen. The court thus permitted the man to travel to Malaysia. Justice N Seshasayee noted that when Article 21 of the Constitution extended to non-citizens, it would also include the dignified existence of a foreign national facing a criminal charge...
Special Judge, Public Prosecutor 'Prima Facie' Guilty Of Negligence In POCSO Case: Madhya Pradesh HC Remands Matter To Consider DNA Report
While hearing a Protection of Children from Sexual Offences (POCSO) Act case where evidence on a DNA report was not taken, the Jabalpur bench of the Madhya Pradesh High Court said that both the trial court and the Additional District Public Prosecutor (ADPO) are "prima facie" guilty of negligence and dereliction of duty.The division bench of Justice Vivek Agarwal and Justice Devnarayan Mishra...
Appointments Made Without Ad, Interview Don't Meet Test Of Constitution: Gauhati HC Quashes 40 More Appointments To Nagaland Police
The Gauhati High Court recently quashed the appointment of 40 Sub-Inspectors of Police, Unarmed Branch Sub-Inspector of Police, Assistant Sub-Inspector of Police and Instructor Havildar who were appointed during the years 2019 and 2020 in Nagaland Police. The single judge bench of Justice Devashis Baruah sitting at Kohima observed that the orders of appointment of the said police personnel...
Union Bank's Plea For Transfer Of Valmiki Corp Probe To CBI Not Maintainable: State To Karnataka HC, Order Reserved On Maintainability
The Karnataka government told the High Court on Monday (September 30) that the state Police has the power to investigate the case in the alleged scam pertaining to the Karnataka Maharshi Valmiki Scheduled Tribes Development Corporation Ltd, which cannot be interfered with by the central government. The submission was made, while the high court was hearing a plea filed by Union Bank of...
High Court Cannot U/S 482 CrPC Release Convict On Probation When His Appeal Is Pending Before Sessions Court: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that the High Court cannot consider releasing on probation a person convicted under Section 304-A IPC for causing death by negligence, when his appeal is pending before the Sessions Court.A division bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said since alternate remedy was available, the convict cannot directly approach the...
Stop Constructing Durga Puja Mandaps Over Public Road To Avoid Traffic Congestions: Orissa High Court
The Orissa High Court has expressed concern over erection of bamboo structures within the perimeters of public roads and ordered that no mandap/pandal shall be constructed over the roads to celebrate the upcoming Durga Puja.A Division Bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh was hearing a suo moto PIL concerning the civil issues of city of Cuttack.On a previous date...