Calcutta High Court Weekly Round Up: January 31 To February 6, 2022

Judgments/Orders of the Week 1. 'He Has Suffered Mental Pain': Calcutta High Court Reduces Sentence For Conviction U/S 489B IPC In Appeal Pending Since 1986Case Title: Biswanath Das v. State Citation: 2022 LiveLaw (Cal) 18The Calcutta High Court reduced the sentence awarded to a man charged under Section 489B and Section 489C of the IPC for forging currency notes after observing that he...

"There Is A Right To Terminate Pregnancy On Ground Of Rape": Uttarakhand High Court Allows Termination Of 28 Weeks Foetus

The Uttarakhand High Court has allowed the termination of a 28 weeks foetus of a rape victim. Granting relief to the victim, the Single Judge Bench of Justice Alok Kumar Verma held, "There is a right to terminate pregnancy on ground of rape. A rape victim has a right to make a choice to carry. She has also right not to carry pregnancy subject to the conditions as enumerated under...

Caste Certificate Can't Be Denied To SC Woman On Ground That She Married A Christian: Kerala High Court

'The caste or community of a person is to be decided on the basis of her/his birth in the said community'

Courts Must Be Conscious Of Power Of Arbitral Tribunal While Exercising Discretion Under Section 9 Of The Arbitration Act: Gujarat High Court

Section 9 of the Arbitration Act ('Act') envisages 'interim measures' and the Courts must not adjudicate a substantive issue at this stage, the Gujarat High Court has observed today. Further, once jurisdiction under Section 9 is invoked and the remedy has been exhausted, similar interim measures cannot be claimed by a party before the arbitral tribunal, as this may give rise to two...

Preliminary Enquiry Not Necessary For Directing Prosecution Of Witness U/S 195 CRPC: Madhya Pradesh High Court

The High Court of Madhya Pradesh, Gwalior Bench recently held that conducting a preliminary enquiry is not sine qua non for issuing a direction for prosecution U/S 195 CRPC and that the Applicant is not entitled for any opportunity of hearing prior to that. The single bench of Justice G.S. Ahluwalia was essentially dealing with a Criminal Revision against the order of the...

Madras High Court Weekly Round-Up: January 31, 2022 To February 6, 2022

A weekly round-up of important cases from Madras High Court and its subordinate courts.1. 'Investigation Not On Right Lines, Conversion Attempt Not Improbable' : Madras High Court Orders CBI Probe Into Thanjavur Girl's Suicide [Read Judgment]Case Title: Muruganantham v. The Director-General of Police & Ors.Citation: 2022 LiveLaw (Mad) 38Harshly criticising the investigation by the Tamil...

Delhi High Court Clarifies Controlled Substances Are Not Affected By The Bar To Bail Under Section 37 Of The NDPS Act

In a case involving a foreign national arrested under the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the Delhi High Court clarified the liability of persons accused of offenses involving controlled substances and the foreigner's right to bail. Section 37(1) of the Act states that: "37. Offenses to be cognizable and non-bailable.—(1)...

Rajasthan HC Dismisses Plea of Municipal Board's Chairperson Challenging His Suspension; Directs State To Conclude Preliminary Enquiry Within 1 Month

The Rajasthan High Court dismissed a plea filed by the Chairman of Municipal Board Badi Sadri challenging his suspension by the state government. Justice Dinesh Mehta, observed, "The allegation against the petitioner is acceptance of bribe, in discharge of his official duties, through his brother-in-law for clearing the bills of the complainant. The order of suspension states that...

CPC- Plaint Has To Be Amended Once Application For Amendment Allowed Under Order VI Rule 18: Delhi High Court

The Delhi High Court has observed that once an application for amendment is allowed in terms of Order VI Rule 18 of Code of Civil Procedure, the plaint has to be amended. Justice Pratibha M Singh also reiterated that in case the amended plaint is not filed within the stipulated time, the plaint cannot be amended thereafter. The Court was dealing with a revision petition, the wherein...

Discrepancies Between FIR And Subsequent Statement Under Section 164 CrPC Not A Ground For Discharge : Supreme Court

The Court said that such a discrepancy may be a defence in trial.

Allahabad High Court Weekly Round Up: January 31 To February 6, 2022

Judgments/Orders of the Week1. [Child Custody] Habeas Writ Lies Only If Minor Is Detained By A Person Who Isn't Entitled To His/Her Legal Custody: Allahabad HCCase title - Shradha Kannaujia (Minor) And Another v. State Of U.P. And 5 Others Case citation: 2022 LiveLaw (AB) 28The High Court has observed that the power of the High Court in granting a writ of Habeas Corpus in child custody...

Man Seeks Stay On Externment Order To Campaign For Wife In Assembly Polls: Allahabad HC Denies Relief In Special Sunday Hearing

In a Special Sunday Sitting, the Allahabad High Court today refused to grant relief to one Kartik Chaudhary who sought a stay on an externment order passed against him so that he can campaign for his wife, who is contesting the Assembly Elections in Uttar Pradesh from Aligarh's Khaira seat.The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma observed that the petitioner...