All High Courts
Calcutta High Court Quashes Bigamy Case Under BNS After Parties Settle Dispute; Says S.82(2) Requires Complaint Case Under BNSS
The Calcutta High Court, sitting at the Jalpaiguri Circuit Bench, has quashed criminal proceedings arising out of allegations of bigamy under the Bharatiya Nyaya Sanhita (BNS), after noting that the dispute between the parties had been fully settled and that one of the offences invoked could not have been prosecuted through a police case at all. Justice Jay Sengupta passed the order...
TET-Qualified Teacher Cannot Rely On Fake Marksheet To Secure Approval Of Appointment: Calcutta High Court
The Calcutta High Court has dismissed an appeal filed by Abhishek Maity seeking a direction upon West Bengal State University to treat a purported 2014 post-review marksheet as genuine and to issue him a pass certificate accordingly. A Division Bench of Justices Tapabrata Chakraborty and Partha Sarathi Chatterjee upheld the Single Judge's refusal, holding that the marks claimed by the...
No Offence If Married Man Stays In Live-In Relationship With Adult Woman: Allahabad High Court
The Allahabad High Court has observed that there is no offence if a married man stays with an adult in a live-in relationship with the consent of the other person. Stressing that morality and law must remain separate, a bench comprising Justice JJ Munir and Justice Tarun Saxena stated that social opinions and moral views will not dictate the Court's actions when protecting citizens'...
'Procedural Harakiri': Karnataka High Court Criticizes Magistrate For Closing Private Complaint In Absence Of S.175(3) BNSS Order Directing FIR
The Karnataka High Court on Friday (March 27) expressed its disapproval at a magistrate's order which closed a private complaint, after noting that the police had instead of filing a report as called for by the magistrate court had gone ahead and filed a cheating FIR pursuant to which the complaint was closed. In doing so the court quashed the FIR and the trial court order, remarking that...
University Lecturer Not A 'Public Office', Writ Of Quo Warranto Not Maintainable: MP High Court
The Madhya Pradesh High Court has dismissed a plea seeking a writ of quo wattanto against the appointment of a University lecturer, holding that teachers, professors and readers do not hold a public office and therefore such a relief was not maintainable. The bench of Justice Jai Kumar Pillai observed; "An Associate Professor or Professor has no sovereign or public function to discharge. They...
'Inability To Explain Death Inside Matrimonial Home Crucial': Calcutta High Court Upholds Life Sentence For Husband In Wife's Murder
The Calcutta High Court's Jalpaiguri Circuit Bench has upheld the conviction and life sentence of a man found guilty of murdering his wife inside their matrimonial home, stressing that his complete failure to explain the circumstances of her death was a decisive factor in affirming guilt. The Division Bench of Justice Debangsu Basak and Justice Biswaroop Chowdhury noted that the incident...
'Alleged Offence Took Place On Road During School Hours, Absence Of Independent Witness Casts Doubt': Calcutta HC Sets Aside POCSO Conviction
"When the incident is alleged to have occurred on a public road during school hours, the absence of a single independent witness casts grave doubt on the prosecution case,” the Calcutta High Court observed while setting aside a conviction under Section 4 of the POCSO Act.The Jalpaiguri Circuit Bench acquitted a man sentenced to life imprisonment under Section 4 of the POCSO Act, holding...
Gujarat High Court Paves Way For Adoption, Immigration Of Minor Twins By Australia-Based Uncle After Mother's Demise
The Gujarat High Court recently paved way for the adoption and immigration process of twin children who had been adopted by their Australia-based uncle and his wife after the twins' mother had passed away.The Petitioners were facing difficulty as the State of Victoria, where they reside, was not accepting applications to adopt a child from India that are completed under the Hindu Adoptions...
MP High Court Stays Teacher's Suspension Allegedly Over LPG Crisis Video, Says Order Passed Without Application Of Mind
The Madhya Pradesh High Court has stayed the suspension of a Government Primary School Teacher allegedly for posting a Facebook video discussing the LPG gas shortage and has asked the District Education Officer (DEO/respondent no 3) to consider the issue afresh, noting that the order was passed in haste and allegedly under the dictates of an MLA from the constituency.The bench of Justice...
Threats To Publish Intimate Photos Not 'Abetment': Calcutta High Court Affirms Acquittal In Man's 2015 Suicide Case
The Calcutta High Court's Circuit Bench at Jalpaiguri has refused to overturn the 2019 acquittal of two men accused of abetting the suicide of a Jalpaiguri resident, holding that the prosecution failed to establish any proximate act of instigation, intentional aid, or continuous conduct linking the accused to the victim's death. The Court reiterated that past threats or strained...
Calcutta High Court Closes Defamation Case Against TV Show Which Called CESC 'Big Thief', Depicted Employees As Osama Bin Laden
The Calcutta High Court has accepted unconditional apologies from the makers and anchor of the investigative TV show Khoj Khabar in a 22-year-old defamation suit filed by CESC Limited, imposing only token damages and costs. The Court, presided over by Justice Krishna Rao, noted that the 2004 broadcasts had used highly inflammatory language—branding CESC as indulging in...
Manamadurai Custodial Death: Madras HC Expresses Anguish Over Deceased Body Being Used As Means Of Protest, Cites Right To Decent Burial
The Madras High Court recently expressed anguish over the body of 26-year-old Akash, who died due to alleged custodial violence in Manamadurai, being used as a "means of protest". The bench of Justice N Sathish Kumar and Justice M Jothiraman said that providing a decent burial is also a facet of the fundamental right to life guaranteed under Article 21 of the Constitution. The...