'Single Injury' In Rage Of Sudden Quarrel Not Murder: Tripura High Court Converts Husband's Conviction to Culpable Homicide

The Tripura High Court held that a single blow inflicted during a sudden quarrel, without prior intention does not amount to murder under Section 302 of the Indian Penal Code. Further the Court observed that the relationship between the husband and his wife was strained and they often got into fights and that the act on the part of the appellant was in course of sudden quarrel and and in the...

Tenant Cannot Evade Eviction By Avoiding Notice; 'Not Claimed' Postal Endorsement Deemed Valid Service: Calcutta High Court

The Calcutta High Court has upheld concurrent eviction decrees passed in favour of a landlord, reiterating that a registered ejectment notice returned with the postal endorsement “not claimed” amounts to valid service, and that a reasonably foreseeable future requirement of the landlord constitutes bona fide need under the rent control law.Dismissing the second appeal, Justice Sugato...

Sentence For Subsequent Conviction Must Run Concurrently With Life Term: Gujarat High Court Orders Release Of Convict

The Gujarat High Court ordered release of a murder convict who was sentenced to life imprisonment, but was later awarded separate two-year sentence by the trial court for absconding while on temporary bail. In doing so, the Court found a “grave error” committed by the Trial Court and Appellate Court in directing the subsequent sentence to run consecutively, holding that under 427(2) of...

Gujarat High Court Quashes Penalty Imposed On Officer Despite Exoneration, Notes CM's Approval Was Obliterated Using Whitener

The Gujarat High Court has quashed disciplinary penalty imposed on a Class-I officer over certain alleged irregularities, after finding that despite the competent authority approving his exoneration the order was never communicated to him. The court expressed shocked after noting that the Chief Minister's signature on the file was “obliterated by using whitener,” raising serious...

Child Custody Disputes Shouldn't Be Decided By Writ Courts Unless Custody Is Illegally Retained: Orissa High Court

The Orissa High Court has held that the Writ Courts should not decide child custody battles through habeas corpus petitions unless it is found that the custody of child is retained in an illegal/unlawful manner. It further ruled that if question of custody entails complexities or requires detailed inquiry, it is incumbent upon the writ court to remit the case to competent Civil Court for...

Societies Registration Act | Registrar Empowered To Investigate Societies Upon Prima Facie Opinion Of Mismanagement: Manipur High Court

The Manipur High Court clarified that the Registrar of Societies has statutory authority under Section 22 of the Manipur Societies Registration Act, 1989 to investigate the affairs of a registered society where information discloses circumstances suggesting mismanagement. The Court held that once the Registrar forms a bona fide opinion, based on available material, that such circumstances...

Additional Evidence U/S 391 CrPC Must Be Allowed Where Necessary To Prevent Failure Of Justice: Telangana High Court

The Telangana High Court has set aside an order of the appellate court refusing to admit additional evidence in a cheque dishonour appeal, reiterating the principle that the power under Section 391 CrPC is to be exercised only when additional evidence is necessary to secure the ends of justice and to prevent failure of justice.Justice Tirumala Devi Eada allowed the Criminal Petition and set...

Delhi High Court Issues Notice On Plea Challenging One-Month Ban On Protests At Delhi University

The Delhi High Court on Wednesday issued notice on a plea filed against a notification banning protests and public meetings of any kind for a month in the Delhi University or its campuses in the national capital. Justice Jasmeet Singh issued notice on the plea filed by Uday Bhadoriya, a student of the varsity, challenging the notification issued by the Office of Proctor on February 17 in the...

Delhi High Court Rejects PIL Seeking 'Reading Down' Of Preliminary Investigation Report On Air India Ahmedabad Plane Crash

The Delhi High Court on Wednesday dismissed a PIL seeking “reading down” of the preliminary investigation report on the Air India plane crash that took place in Ahmedabad on June 12 last year, claiming 270 lives. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia said that the prayer was “highly misconceived” as the doctrine of reading down is applied...

Madras High Court Upholds ₹5 Lakh Penalty On SI For Police Brutality, Notes Her "Arrogance" In Not Filing Counter Before Human Rights Body

The Madras High Court recently refused to interfere with an order passed by the State Human Rights Commission of Tamil Nadu directing as Sub Inspector of Police to pay Rs 5 Lakh as compensation for custodial torture committed by her against a woman. The bench of Justice Anita Sumanth and Justice Mummineni Sudheer Kumar also took note of the “arrogance” of the officer in not...

Fabricated Case, Co-Accused Acquitted; Not A Single Call To Link Me To Victim: Asaram Tells Rajasthan High Court In Rape Case

In an appeal arising out of the conviction of self-styled godman Asaram, the defence challenged the credibility of the prosecution witnesses, particularly the parents of the prosecutrix, contending that their testimonies were riddled with contradictions, embellishments and demonstrably false claims which strike at the root of the prosecution's case.Counsel argued that the parents were fully...

'What Is The Judicially Manageable Standard?': Delhi High Court Questions PIL Challenging Rajya Sabha Nomination Of C Sadanandan Master

The Delhi High Court on Wednesday questioned a public interest litigation filed against nomination of veteran BJP leader C Sadanandan Master to the Rajya Sabha, alleging that he lacks demonstrable special knowledge or practical experience as required in law. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia asked if there is any judicially manageable standard...