Magistrate Not Barred To Take Cognizance For Second Time For Different Offences If Prima Facie Case Established: Orissa High Court

The Orissa High Court has held that a Magistrate, even after taking cognizance for certain offences on the basis of charge-sheet filed by investigating agency, is not barred from taking cognizance again for some other serious offences, if prima facie case is established by means of sufficient materials.Clarifying the position of law regarding validity of a second cognizance, the Single Bench...

Person Charged U/S 376 IPC For Rape Can Be Convicted U/S 354 Even In Absence Of A Specific Charge : Kerala High Court

Kerala High Court has reaffirmed that a person charged for rape under section 370 of IPC can be lawfully convicted under section 354 of IPC for assaulting a woman with the intent to outrage her modesty, even in the absence of specific charge to that effect, if the evidence proves the lesser offence.Justice M B Snehalatha thus dismissed the revision petition preferred by the accused...

Gujarat High Court Asks Police To Look Into Man's Cheating Claim Against Fertility Centre Alleging Child Born Via IVF Is Not His

The Gujarat High Court on Thursday (July 9) directed the police to look into a man's grievance alleging cheating and forgery by a fertility hospital wherein he claimed that a DNA test revealed that he is not the biological father of the child born to him and his wife through IVF procedure. The plea has alleged "cheating, criminal breach of trust and forgery" levelled against the...

Reasonable Care Must Be Applied Before Invoking Offence Of Endangering Sovereignty, Unity & Integrity Of India: Allahabad HC

The Allahabad High Court has observed that 'reasonable care' and 'standards of a reasonable person' must be applied before invoking Section 152 of the Bharatiya Nyaya Sanhita (BNS), which criminalizes alleged acts endangering the sovereignty, unity and integrity of India. The Court added that since spoken words or posts on social media are also covered by the liberty of freedom of...

'To Err Is Human': Allahabad HC Directs Re-Checking Of NEET Aspirant's OMR Who Accidentally Mentioned Wrong Booklet Code

Recently, the Allahabad High Court directed re-checking of a National Eligibility-cum-Entrance Test [NEET (UG)]-2025 aspirant's Optical Marks Recognition (OMR) sheet who had 'wrongly' mentioned the question booklet number and had secured 41 marks instead of 589 marks. While not giving any interim relief to the petitioner regarding her selection status, the bench of Justice Arindam...

Karnataka High Court Monthly Digest: May 2025

Citation No: 2025 LiveLaw (Kar) 161 to 2025 LiveLaw (Kar) 193Nominal Index: X & others AND State of Karnataka & Others. 2025 LiveLaw (Kar) 161Kanaka Lakshmi B M AND State of Karnataka. 2025 LiveLaw (Kar) 162SRI C T RAVI v/s STATE BY BAGEWADI P S AND OTHERS. 2025 LiveLaw (Kar) 163handrashekhar AND State of Karnataka. 2025 LiveLaw (Kar) 164High Court Of Karnataka AND The Union of...

Merely Supporting Pakistan Sans Referring To Any Incident Or India Doesn't Attract S. 152 BNS: Allahabad HC

The Allahabad High Court on Thursday observed that merely showing support to Pakistan without referring to any incident or mentioning the name of India will not, prima facie, attract the offence under Section 152 Bharatiya Nyaya Sanhita (BNS), which penalises acts endangering the sovereignty, unity and integrity of India. A bench of Justice Arun Kumar Singh Deshwal made this...

Gujarat High Court Fines 'Journalist' ₹1 Lakh For Abusing PIL Jurisdiction

The Gujarat High Court imposed cost of Rs. 1 Lakh on a man claiming to be the Chief Editor of Navsari Times Weekly, for filing a PIL based on "false statement and misleading" the court regarding grant of development rights to a company for commercial construction on a land while claiming that it falls in a residential zone. In doing so, the Court while dismissing the PIL, remarked that a...

'Abysmal' Prosecution Success Rate : Allahabad HC Registers Suo Motu PIL To Examine Crime Scene Probe SOP In UP

In a significant order, the Allahabad High Court has directed the institution of a separate Criminal Public Interest Litigation (PIL) to examine and improve the standard procedures followed for crime scene probes across Uttar Pradesh. “We are of the opinion that regarding the Standard Operating Procedure for Crime Scene Investigation to be followed in the State of U.P. so...

Procedural Lapses By Revenue Authorities Can't Defeat Substantive Rights Under Himachal Pradesh Nautor Rules: High Court

The Himachal Pradesh High Court has held that procedural lapses by the revenue authority cannot defeat substantive rights vested in a party.The court opined that due to procedural lapses of the revenue authorities in updating records, the petitioner, an Ex-army man, could not be denied his right over a forest land, allotted to him under the Himachal Pradesh Nautor Land Rules, 1968.Justice...

Changes In Admission Form Can't Be Allowed After Submission As Competitive Exams Must Be Concluded Expeditiously : Punjab & Haryana High Court

The Punjab and Haryana High Court has held that no changes can be permitted in an admission form once it has been submitted, particularly in the context of competitive examinations. The Court underscored that it is necessary to ensure "expeditious" conclusion of the selection process.The Court dismissed the plea challenging the Admission Policy wherein the changes in the Admission Form...

[Companies Act] Debtor Company Cannot Contest Its Liability For The First Time In Winding-Up Proceedings: Bombay High Court

The Bombay High Court has dismissed an appeal against the winding-up of a company that defaulted on dues owed to a government enterprise and had no ongoing business activity or assets. The Court rejected the company's defence that there was a “bonafide dispute” over the debt, holding that the company's objections were afterthoughts and that its inability to pay was well established.A...