'Trial Courts Consistently Failing To Perform Judge's Duties Despite Regular Training': MP High Court While Acquitting Rape Convict

The Madhya Pradesh High Court overturned the conviction passed by the Trial Court under the POCSO Act, noting that the trial court had 'committed several irregularities'. The court noted that the trial court failed to take 'cognizance of ossification test report available on record and, secondly, it did not pose questions under Section 313 of Cr.P.C. to the accused/applicant on the basis of...

Orissa High Court Half Yearly Digest: January - June, 2025

Citations: 2025 LiveLaw (Ori) 1 To 2025 LiveLaw (Ori) 82Nominal Index [Citations 1-82]MH BLAND S.L. v. MV PROPEL FORTUNE (IMO 9500699), 2025 LiveLaw (Ori) 1Doyel Dey v. The Judge, Family Court, Balasore & Anr., 2025 LiveLaw (Ori) 2Sonel Sekhar Nayak & Ors. v. State of Odisha & Anr., 2025 LiveLaw (Ori) 3Binod Pattanayak v. Union of India, 2025 LiveLaw (Ori) 4Ashok Kumar Swain...

'Army Authorities Misrepresented Facts Before Court': P&H HC Objects To Denial Of Regularisation To Personnel Serving For Over 30 Yrs

In a scathing judgment, the Punjab and Haryana High Court criticized the Army authorities for presenting a “sorry state of affairs” by "manipulating facts" to deny regularisation benefits to employees who had rendered over three decades of service.The Union Government claimed that the post for which regularisation was sought was abolished at the time when the CAT has directed for the...

Legal Heirs Of Company Director Cannot Maintain Suit Over Company's Property, Only Shareholders Or Directors Can: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has reiterated that a company, being a distinct legal entity, alone has the right to sue in respect of its property, and such action can only be initiated through its shareholders or directors, not by the legal heirs of its founder in their personal capacity.A bench of Justice Javed Iqbal Wani was dealing with a plea seeking rejection of a...

Himachal Pradesh High Court Monthly Digest: July 2025

NOMINAL INDEX:Bharti Rathore v/s State of HP & others., 2025 LiveLaw (HP) 75Monika v/s State of HP & others., 2025 LiveLaw (HP) 76Biogenetic Drugs (P) Ltd. & another v/s State of H.P. & Ors., 2025 LiveLaw (HP) 77Devi Dass v/s M/s Ginni Global Pvt. Ltd. & another., 2025 LiveLaw (HP) 78Surinder Chauhan v/s Jai Lal Bragra., 2025 LiveLaw (HP) 79Parneet Kumar v/s State of...

Offence Under POCSO Act Against Public Morality, Court's Duty To Acts As Child's Guardian: P&H High Court Rejects Pre-Arrest Bail

Reaffirming the seriousness and gravity of offences under the Protection of Children from Sexual Offences (POCSO) Act, the Punjab and Haryana High Court has held that such crimes strike against public morality.The Court rejected the anticipatory bail of a man, accused of committing rape on a minor, an offence under Sections 137 (kidnapping), 96 (procuration of child), 3(5) (common...

Gujarat High Court Deletes Single Judge's Remarks Against Registry Over Delay In Installing CCTVs, Cites Lack Of Authority

The Gujarat High Court has ordered deletion of strictures passed against its Registry by a single judge over delay in implementing its earlier directions for installation of CCTV cameras in "every corner of the Registry" as well as "important places" in the high court campus. The court further stayed the monitoring of the issue by the single judge, while observing that he lacked the authority...

Wife Holding Immovable Properties & Substantial Income Does Not Need Interim Maintenance To Live Comfortably: Madras High Court

The Madras High Court has recently set aside an order of a Family Court asking a husband to pay Rs. 30,000 per month as interim maintenance to his wife till the pendency of a divorce petition filed by him. Justice PB Balaji noted that the object of awarding interim maintenance, under Section 24 of the Hindu Marriage Act, was to ensure that the wife had sufficient income to enable her...

Delhi High Court Sets Aside CIC Order Asking CBSE To Allow Inspection Of Former Minister Smriti Irani's Class 10, 12 Records

The Delhi High Court on Monday set aside an order passed by the Central Information Commission (CIC) asking CBSE to allow inspection of class X and XII records of former Union Minister Smriti Irani. Justice Sachin Datta observed that the right to information conferred under Section 3 of the RTI Act is not absolute but is subject to the exemptions enumerated under Section 8(1).“The mere act...

Bombay High Court Restrains 'Sprouts News' From Publishing Allegedly Defamatory Articles Against Godrej Properties'

The Bombay High Court has held that ex parte ad-interim relief can be granted in defamation suits where the impugned articles are prima facie false, reckless and malicious, and where issuing notice would defeat the very purpose of the relief sought. The Court found that continued publication of such material would cause serious and irreparable damage to the commercial reputation of...

Educational Qualifications, Degrees Are 'Personal Information', Can't Be Disclosed Under RTI Act: Delhi High Court In PM Modi Degree Case

The Delhi High Court on Monday ruled that information pertaining to an individual's educational qualifications, including degrees and marks, is “personal information”, exempted from disclosure under the RTI Act.“Thus, it is unambiguously clear that the 'marks obtained', grades, and answer sheets etc. are in the nature of personal information and are protected under Section 8(1)(j) of...

Person Cannot Be Held Liable For Encroachment U/S 33 Of Indian Forest Act Without Notification Of Reserved Forest: HP High Court

The Himachal Pradesh High Court has held that when a chargesheet does not mention any notification to specify that the encroachment land was a reserved forest, a person cannot be held liable under the Indian Forest Act.Relying on the decision of the Himachal Pradesh high court in State of H.P. V/s Ami Chand, 1992, held that A person cannot be held liable for the commission of an...