Cognizance Of Offence U/S 188 IPC Requires Complaint By Public Servant, Not FIR: Patna High Court Quashes Magistrate's Order

The Patna High Court in a judgment delivered recently, quashed the cognizance taken by the Judicial Magistrate of offence under Section 188 of the Indian Penal Code (IPC). The court held that cognizance for the offence under Section 188 IPC cannot be taken on the basis of a police report and must adhere strictly to the requirements of Section 195(1)(a) of the Code of Criminal...

Average Income Of Previous Years No Basis For Compensation: Jharkhand HC Upholds Reliance On Deceased's Last Earned Salary In Accident Case

The Jharkhand High Court, in its judgment delivered in a Miscellaneous Appeal, held that the average income of previous financial years cannot be the basis for computing compensation in motor accident claims. Justice Subhash Chand observed, “The deceased was a Professor in Baldeo Sahu Degree College, Lohardaga, and was Head of Department of Philosophy. He was getting the salary along with...

'Wife Is Employed, Already Paid ₹32 Lakhs By Husband': Calcutta High Court Sets Aside Wife's Interim Maintenance

The Calcutta High Court on Friday set aside an order for payment of interim maintenance amounting to Rs 80,000 per month, granted by the trial court in favour of a wife. Justice Suvra Ghosh noted the wife had already been paid Rs 32 lakhs by the husband, earlier, under a memorandum of understanding and that she was also employed herself.Thus, in setting aside the order for interim maintenance...

Gujarat High Court Continues Temporary Restoration Of Senior Advocate Designation Of Yatin Oza For Six More Months Effective January 1

The Gujarat High Court, in a notification earlier this month, has resolved to extend the temporary restoration of Yatin Narendrabhai Oza's designation as Senior Advocate for an additional six months, effective from January 1, 2025. This decision follows the judgment of the Supreme Court in Writ Petition (Civil) No. 734/2020, delivered on October 28, 2021, in the case of Yatin Narendra Oza...

Surplus Temple Funds Cannot Be Used For Constructing Shopping Complexes: Madras High Court Restrains HR&CE

The Madras High Court recently restrained the Hindu Religious and Charitable Endowment Department from constructing a shopping complex in a land belong to the Arulmighu Nandeeswaram Thirukoil using the surplus temple fund. Commenting that temples should be kept out of litigation as much as possible, the bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy observed...

Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition.The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against the order of...

One Parent Who Is Lawful Guardian If Takes The Child From Custody Of Other Parent, Wouldn't Amount To Kidnapping: Telangana HC Reaffirms

The Telangana high court on Wednesday (January 8) reiterated that if a parent who is lawful guardian of the child, takes a child away from the custody of the other parent, it would not amount to kidnapping and does not call for registering an FIR under 137(2) of the BNS.Section 137(2) BNS states that whoever kidnaps any person from India or from lawful guardianship shall be punished...

Forfeiting 26 Yrs Of Constable's Service Over 15-Days Unsanctioned Leave Due To Medical Emergency Shocks Court's Conscience: Rajasthan HC

Rajasthan High Court has set aside the forfeiture of 26 years of service of a constable who went on unsanctioned leave of 15 days on account of illness, opining that the punishment was so excessive, grossly disproportionate and arbitrary that it shook the conscience of the Court and undermined the rehabilitative objective that a welfare state ought to follow.“Punishing...

Orissa HC Initiates Contempt Action Against Ex-Constable & His Advocate For Questioning Impartiality Of Judges In Full Bench

The Orissa High Court on Wednesday initiated action for criminal contempt against an ex-constable and his Advocate for casting aspersions on impartiality of two Judges sitting on a Full Bench.The Full Bench of Chief Justice Chakradhari Sharan Singh, Justice Savitri Ratho and Justice Sibo Sankar Mishra found the preliminary objection of the respondent to be prima facie contemptuous and...

'Police Investigation Was An Eye-Wash': Madras High Court Constitutes SIT To Investigate Illegal Mining In Western Ghats

The Madras High Court on Friday, constituted a Special Investigation Team comprising of two IPS officers to enquire into large levels of illegal mining that has been happening near the reserve forests of Western Ghats. The specially constituted forest bench of Justice N Satish Kumar and Justice Bharatha Chakravarthy transferred all the pending investigations into the batch of cases to the...

NDPS Act| Manner In Which Accused Is Arraigned In FIR Is Relevant While Adjudicating Pre-Arrest Bail Plea: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that while adjudicating anticipatory bail under NDPS, the manner in which the petitioner has been arraigned or implicated is a required to be seen.Justice Sumeet Goel explained, “The final evidentiary value and admissibility of the disclosure statement made by a co-accused fall within the domain of the trial Court and are to be...

Nylon Threads, Cotton Threads With Glass Coating Both Banned By State, Can't Be Used For Kite Flying: Gujarat HC Ahead Of Uttarayan Festival

The Gujarat High Court on Friday (January 10) said that even glass-coated cotton threads, often used for kite flying, are extremely dangerous for all including citizens, birds and animals, and thus cannot be used in the upcoming Uttarayan festival, to be celebrated in the State on 14th and 15th of this month.While referring to the State's resolution from December on the subject, a division...