'Quashing Power Must Be Used Sparingly After Charges Framed': Calcutta High Court Refuses To Halt Trial In Outraging Modesty Case

The Calcutta High Court has refused to quash criminal proceedings against a man accused of stalking, assault, attempting to outrage a woman's modesty and criminal intimidation, observing that once charges have been framed and trial has progressed, the High Court must exercise its inherent powers under Section 482 CrPC with extreme caution and only in the “rarest of rare cases.” The Court...

Allahabad High Court Slams UP Police Over Repeated Non-Execution Of Its NBWs, Says 'Don't Play Games With Us'

The Allahabad High Court today strongly slammed the UP Police officials working in State over repeated instances of non-execution of the Non-Bailable Warrant issued by it.The bench also pulled up the top cops working in Gautam Budh Nagar and Hapur districts over alleged collusion of their subordinates with a murder convict to frustrate the execution of a Non-Bailable Warrant (NBW) pertaining to...

'Just Compensation Must Reflect Real Earnings': Calcutta High Court Enhances Compensation To ₹69.1 Lakh In Fatal Road Accident Case

The Calcutta High Court has enhanced compensation payable to the family of a woman who died in a road accident to ₹69.10 lakh after reassessing her annual income and adding future prospects, while simultaneously reducing the interest rate from 7.5% to 6% per annum. The Court held that cash compensatory allowance forming part of the deceased's earnings ought to be reasonably factored into...

Will Challenge Arvind Kejriwal's Acquittal In Cases Over Skipping Summons: ED Tells Delhi High Court

The Enforcement Directorate (ED) informed the Delhi High Court on Thursday that it will challenge the acquittal of former Delhi Chief Minister and Aam Aadmi Party supremo Arvind Kejriwal in cases concerning non compliance of its summons in relation to the alleged liquor policy scam.The statement was made by ASG SV Raju before a division bench comprising Chief Justice DK Upadhyaya and...

Rajasthan HC Orders DNA Test Of 93-Year-Old To Determine Daughter's Maternity In Property Dispute, Says No Presumption Of Maternity In Law

While terming it a “rarest of rare cases” where the mother was denying a child to be her's, Rajasthan High Court directed a 93 year old woman to undergo DNA test, to determine maternity of the petitioner who was claiming share in her father's ancestral property. The bench of Justice Bipin Gupta expressed astonishment over the situation, and referred to the provisions under Indian...

IPL Betting Case: Madras High Court Asks Cricketer MS Dhoni To Pay ₹10 Lakh For Translating CDs Involved In His ₹100 Crore Defamation Case

The Madras High Court has asked cricketer Mahendra Singh Dhoni to pay Rs 10 lakh for translating old CDs involved in a Rs. 100 crore defamation suit filed by him over allegedly defamatory content against him in connection with the 2013 IPL betting scandal. Justice RN Manjula noted that translating and transcribing the contents of the CD was a humongous task which would take the...

'Very Serious Matter': Kerala High Court Seeks State's Stand On Paid Menstrual Leave For KSRTC Conductors

The Kerala High Court on Thursday (February 12) asked whether the State can consider having a paid menstrual leave policy for the women conductors of the KSRTC (Kerala State Road Transport Corporation).When the matter came up for consideration before Justice N. Nagaresh, the counsel for the petitioners submitted that the KSRTC is following double duty system and the conductors have to work...

Blacklisting Is Civil Death, Cannot Be Imposed For Clerical Lapses: Calcutta High Court Quashes Eastern Railway's Debarment Of Leaseholder

The Calcutta High Court has set aside the Eastern Railway's decision cancelling a parcel leaseholder's registration, terminating his contracts, forfeiting deposits and debarring him for five years, holding that preparation of separate manifests for two unloading terminals does not amount to a “false declaration” or fraud in the absence of proof of mens rea or loss to the Railways. The...

Convenience Of Wife Prevails Over That Of Husband: Andhra Pradesh High Court Reiterates, Transfers Divorce Case

The Andhra Pradesh High Court has allowed a wife's plea to transfer the divorce case initiated by her husband, from Repalle, Guntur District to Ongole, Prakasam District, holding that in matrimonial proceedings, the convenience of the wife must be prioritised.Justice V. Gopala Krishna Rao held,“I am of the considered view that in matrimonial proceedings, the convenience of the wife has to...

'Indian State' Remark | Plea In Allahabad HC Challenges Sambhal Court Order Refusing FIR Against LoP Rahul Gandhi

A petition has been moved in the Allahabad High Court under Article 227 of the Constitution of India, challenging a Sambhal Court's order that rejected an application seeking the registration of an FIR against the Leader of the Opposition in the Lok Sabha, Rahul Gandhi, over his alleged controversial remarks.The petition, filed by Simran Gupta of the Hindu Shakti Dal, contends that...

Priya Kapur Sues Sister-In-Law, Podcast Host For Defamation; Seeks ₹20 Crore Damages Before Delhi High Court

Late industrialist Sunjay Kapur's wife Priya Kapur has filed a defamation suit before the Delhi High Court against her sister-in-law Mandhira Kapur Smith and host of “InControversial” podcast Pooja Chaudhri.Priya Kapur has sought Rs. 20 crore as damages in relation to the allegedly defamatory statements and allegations "injurious to her reputation" made by them in the public domain.As per...

'Criminal Law Cannot Be Used To Recover Business Dues': Calcutta High Court Quashes Cheating, Breach Of Trust Case

The Calcutta High Court has reiterated that mere non-payment of business dues or breach of contractual obligations cannot be dressed up as offences of cheating or criminal breach of trust, and that criminal proceedings cannot be used as a pressure tactic for recovery of money. Quashing an FIR against a small poultry feed trader, the Court held that in the absence of dishonest intention at...