Punjab & Haryana High Court Grants Pre-Arrest Bail To Judge's Personal Security Officer Who Allegedly Tried To Open Fire On Court Officer

The Punjab and Haryana High Court has granted pre-arrest bail to the personal security officer (PSO) of a sitting High Court judge, who allegedly attempted to open fire on a court officer during a heated altercation.The Chief Court Officer, Dalvinder Singh, filed a complaint stating that during a heated argument, ASI Dilbagh Singh pulled out his gun to open fire, but the bullet was not shot as...

Elgar Parishad Case: Bombay High Court Grants 3 Days Interim Bail To Accused Ramesh Gaichor To Visit Ailing Father In Pune

The Bombay High Court on Tuesday (August 26) granted interim bail for 3 days to Ramesh Gaichor, one of the accused in the Bhima Koregaon - Elgar Parishad case, enabling him to visit his ailing father in Pune.A division bench of Justices Ajay Gadkari and Rajesh Patil ordered Gaichor's release on a surety of Rs. 25,000. He would be escorted by a police team, to be arranged by the Commissioner...

Domestic Violence Offences With Intention To Kill Must Be Viewed With Seriousness, Marriage Not Mitigating Factor: Delhi High Court

The Delhi High Court has ruled that the offences of domestic violence with the intention to kill must be viewed with seriousness and marital relationship is not a mitigating factor in such cases.“Offences of domestic violence of such nature where the intention is to kill are to be viewed with seriousness and the marital relationship in such cases would be treated as aggravating and...

Woman's Right To Reside In Shared Household Can't Act As Sword To Create Proprietary Rights: Delhi High Court

The Delhi High Court has ruled that a woman's right to reside in a shared household under Section 17 of the Domestic Violence Act cannot act as a sword to create proprietary rights.“…the protection under Section 17(1) of the Act, 2005 acts as a shield against unlawful dispossession of a woman, not as a sword to create proprietary rights,” a division bench comprising Justice Anil...

Preventive Detention Becomes Unconstitutional When Used To Incarcerate For Past Offences Despite Grant Of Bail: Calcutta High Court

The Calcutta High Court has held that an order of preventive detention becomes unconstitutional when it is weaponised to punish for earlier crimes, and continue custody of an accused even after bail had been granted by the courts.A division bench of Justices Tapabrata Chakraborty and Reetobroto Kumar Mitra held:"The legal distinction between preventive and punitive detention is well...

Married Woman Consenting Sexual Intercourse Outside Wedlock 'Immoral' But Not Rape On False Promise To Marry: Punjab & Haryana High Court

The Punjab and Haryana High Court has set aside the conviction of a man in a rape case filed by a married woman who alleged sexual assault based on a false promise of marriage.Justice Shalini Singh Nagpal said,“When a fully matured married woman, consents to sexual intercourse on a promise of marriage and continues indulging in such activity, it is merely an act of promiscuity, immorality...

'Public Exchequer Will Suffer': Rajasthan High Court Stays GO Prima Facie Regularizing Illegal Colonies, Orders Action Against Errant Officials

The Rajasthan High Court has stayed the operation of Urban Development and Housing Department's March 12 order, allegedly regularizing illegal colonies and encroachments set up on the public land in Jaipur which was acquired for Rajasthan Housing Board.The division bench of Justice Sanjeev Prakash Sharma and Justice Sanjeet Purohit further directed demolition and removal of such...

Rajasthan High Court Denies State's Plea To Withdraw Case Against BJP MLA Accused Of Forging Class 10 Marksheet To Contest Elections

The Rajasthan High Court rejected State's plea to withdraw a criminal case against Churu MLA Harlal Singh from BJP, who is accused of using forged Class 10 marksheet along with his nomination papers for contesting the election of Zila Parishad member in 2015. Terming it a “gruesome crime involving misuse of public office and public money”, the division bench of Justice Inderjeet Singh...

High Court Can't Assume Jurisdiction U/S 482 CrPC To End Trial If Case Involves Disputed Questions Of Facts: Allahabad High Court

The Allahabad High Court has recently held that where disputed questions of facts are involved, it cannot under Section 482 CrPC assume jurisdiction for appreciation of evidence. The case must be dealt by the trial court, held the Court.Holding that disputed questions of facts were involved, Justice Deepak Verma held,“it is well settled that the appreciation of evidence is a function of...

'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...