All High Courts
Kerala High Court Denies Anticipatory Bail To Accused Booked For Embezzling Sale Proceeds Of Sabarimala's Adiya Sishtam Ghee
The Kerala High Court on Tuesday (February 24) denied anticipatory bail to Jithusooraj S.K., part-time shanti and the 31st accused in the crime registered by the Vigilance and Anti-Corruption Bureau, Pathanamthitta in relation to the embezzlement of sale proceeds of Adiya Sishtam Ghee in Sabarimala.Justice A. Badharudeen noted that the FIR was registered on the basis of the Division Bench's...
Maintenance Under Section 125 CrPC Is A Recurring, Continuing Right; Not A One-Time Claim: Andhra Pradesh High Court
The Andhra Pradesh High Court has observed that the obligation of providing maintenance is absolute, and cannot be evaded on the pretext of unemployment, financial constraints, or pendency of other proceedings, and that the jurisprudential foundation of maintenance rests upon the principle that a wife, minor children, and dependent parents are entitled to sustenance commensurate with the...
Karnataka High Court Quashes Murder Case Against Man On Ground Of Parity With Co-Accused Acquitted Last Year
The Karnataka High Court quashed criminal proceedings lodged against a man accused in a rioting and murder case, after noting that his co-accused had been acquitted by the trial court as the prosecution had failed to prove the case beyond reasonable doubt. The court was hearing a plea wherein the petitioner–accused No.14, challenging the continuance of criminal case proceedings against him...
Criminal Justice Not Purchasable Commodity: Meghalaya High Court Rejects Monetary Settlements In Fatal Negligence Cases
The Meghalaya High Court dismissed a petition seeking quashing of an FIR under Section 106(1) of the Bharatiya Nyaya Sanhita, 2023, holding that offences involving death due to rash and negligent driving can't be quashed merely based on compromise with the deceased's legal heirs. The Court emphasized that allowing such compromises would erode public confidence in the justice delivery system...
Stamp Duty Must Be Assessed On Date Of Execution, Not On Impounding Or Registrar's Order: MP High Court Quashes Excess Demand
The Madhya Pradesh High Court has held that the stamp duty on an instrument must be determined as of the date of its execution, not on the date it was impounded or on the date the Registrar of Stamps passes a subsequent order. The division bench of Justice Vivek Rusia and Justice Pradeep Mittal observed; "it is clear from the relevant law and rules that stamp duty is to be determined...
Married Daughter Eligible For Ex-Gratia & Leave Encashment If Sole Legal Heir: Madhya Pradesh High Court
The Madhya Pradesh High Court has held that a married daughter is entitled to receive leave encashment and ex gratia payments if she is the only legal heir of the deceased. The division bench of Justice Vivek Rusia and Justice Pradeep Mittal, while referencing the notification of 14th November 1972, observed,"The above notification does not debar the married daughter. The above rule is made...
Reserved Candidate Availing Relaxation At Screening Stage Cannot Claim Migration To General Category: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that a reserved category candidate who avails relaxation at the screening stage of a multi-tier selection process cannot subsequently seek migration to the General category on the basis of higher marks secured in the final merit.Dismissing the plea, Justice Harpreet Singh Brar said, "A reserved category candidate who avails relaxation at any stage of...
'Gruesome Crime Alone Not Ground To Deny Bail': Calcutta High Court Grants Anticipatory Bail In 2021 Post-Poll Violence Case
The Calcutta High Court has granted anticipatory bail to an accused in a CBI-probed murder arising out of the 2021 post-poll violence, holding that even in cases involving grave allegations, pre-arrest protection must be decided on the “nature and quality of evidence prima facie available” and not merely on the seriousness of the offence. Justice Jay Sengupta observed that courts...
MP High Court Issues Notice On Journalist's PIL Against Public Health Hazard Caused By Transport Of Fly Ash From Thermal Power Plant
The Madhya Pradesh High Court, on Wednesday (February 25), issued notices in a public interest litigation highlighting the environmental and public health hazard caused by the transportation of fly ash from the Jhabua power plant. The division bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf heard initial arguments and admitted the matter for further consideration. The...
Villager Attacked For Trespassing On Property, Cutting Bamboo: Calcutta High Court Acquits Accused In 35-Yr-Old Case
Holding that mere presence during a village scuffle cannot sustain a conviction for grievous hurt when the prosecution fails to clearly establish the specific overt act of the accused, the Calcutta High Court set aside the conviction of a man sentenced to two years' rigorous imprisonment for allegedly attacking a co-villager with a sharp weapon during a land dispute. Justice Ananya...
Madras High Court Quashes Case Against Rajya Sabha MP C Shanmugam For Alleged Derogatory Comments Against Women
The Madras High Court has closed a case registered by the Tamil Nadu State Commission for Women against Rajya Sabha MP C Ve Shanmugam for alleged derogatory comments made by him against women. The woman's commission had initiated the case based on a complaint that in one of his speeches to the party cadres, Shanmugam had stated that the present Government may even announce one wife...
Deity's Title Cannot Be Defeated By Adverse Possession Claims Against 'Sebait'/Manager: Calcutta High Court
The Calcutta High Court has reaffirmed that debutter property vested in a deity enjoys strong legal protection and that a plea of adverse possession cannot succeed unless hostile title is clearly asserted against the deity as the true owner. Dismissing a second appeal in a decades-old property dispute, Justice Sugato Majumdar held that permissive occupation of a tank dedicated to a deity...