Societal Approval Of Intimate Personal Relations Not A Basis For Granting Them Recognition In Eyes Of Law: Patna High Court

The Patna High Court has observed that societal approval of intimate personal relationships is not a basis for granting them recognition in the eyes of law.The bench of Justice Ahsanuddin Amanullah and Justice Purnendu Singh was essentially dealing with a habeas corpus plea moved by one Amit Raj, seeking production of her wife (allegedly detained by her family members).Pursuant to the...

S.138 NI Act | Gujarat High Court Sends Disputed Cheque To Handwriting Expert 'In Larger Interest Of Fair Trial'

In a petition involving alleged misuse of cheque, the Gujarat High Court has directed to send the disputed cheque to the Forensics Laboratory for the opinion of the Handwriting Expert to ensure the 'larger object of fair trial.' The Petitioner, an accused, for offence under Section 138 of the Negotiable Instruments Act, 1881 had challenged the order of the trial court and Sessions Judge...

'Arnesh Kumar' Guidelines For Arrest Applicable To Offences Punishable With Less Than 7 Yrs Imprisonment: Punjab & Haryana High Court

The Punjab and Haryana High Court has observed that directions passed by the Supreme Court in Arnesh Kumar v. State of Bihar with respect to procedure for arrest shall be applicable to offences punishable with less than or up to seven years of imprisonment.The bench comprising Justice Anoop Chitkara while dealing with an anticipatory bail plea in an FIR registered under Sections 406 and 420...

Mumbai Police Gives Clean Chit To RTI Activist Accused Of Making Derogatory Post Against Dr Babasaheb Ambedkar

The Bombay High court recently granted anticipatory bail to an RTI activist booked for an alleged derogatory post against Dr Babasaheb Ambedkar, after the Mumbai police gave him a clean chit. Based on a forensic report, the police informed the court of Justice Prakash Naik that accused Abdul Rahim Abdul Gani Ghadiyali was not involved in the crime. A summary report, closing...

Hyderpora Encounter : High Court Hears Arguments Of J&K Advocate General

The High Court of the Jammu and Kashmir and Ladakh on Tuesday heard in part the matter pertaining to the exhumation of body of Amir Latief Magrey who was killed in Hyderpora Encounter. After briefly hearing the Advocate General, the Division bench of Chief Justice Pankaj Mittal and Justice Javed Iqbal Wani ordered matter to be listed again for tomorrow for conclusion of the arguments on...

Trial Courts Should Pass Speaking Orders In Main Case & Counter-Case, Refrain From Dismissing Counter Cases On Flimsy Grounds: Kerala High Court

The Kerala High Court laid down the procedure to be adopted when there is a case and a counter case and the trial court is of the opinion that the counter case is to be discharged.Justice P.V Kunhikrishnan opined that trial courts should refrain from taking shortcuts by dismissing the counter-case on flimsy grounds through non-speaking orders. "When a Sessions court tries a case and counter...

Prayagraj Violence Accused Javed's Wife Plea Against House Demolition: Allahabad HC Seeks UP Govt's Reply, Next Hearing On June 30

The Allahabad High Court today sought the reply of the Uttar Pradesh Government and the Prayagraj Development Authority (PDA) on the plea moved by the wife of the Prayagraj Violence (June 10) accused Javed Mohammad against the demolition of their house by the district administration and PDA on June 12.The bench of Justice Anjani Kumar Mishra and Justice Syed Waiz Mian issued notices to the...

Gauhati HC Quashes No-Confidence Resolution Against Gram Panchayat President Citing Participation Of Member Disqualified For Having 3 Children

The Gauhati High Court has quashed a resolution expressing no-confidence in the petitioner - the President of a Gram Panchayat, as a result of which she as removed from office, citing non-compliance with Assam Panchayat Act, 1994 read with Rule 62 of the Assam Panchayat (Constitution) Rules, 1995. The petitioner referred to the materials available on record to argue that one of...

Friendly Relations Not Consent To Establish Physical Relations: Bombay High Court

The Bombay High Court recently observed that a girl merely being friendly with a boy doesn't allow him to misconstrue it as her consent to establish a sexual relationship with her and rejected the anticipatory bail application of a man accused of impregnating a woman under the pretext of marriage. Justice Bharati Dangre rejected the pre-arrest bail plea filed by one Ashish...

Delhi High Court Orders Status Quo On DDA's Demolition Action Against Jhuggis In Nizamuddin's Gyaspur Area

The Delhi High Court has ordered status quo on the Delhi Development Authority's proposal to demolish jhuggi clusters in city's Gyaspur area in Hazrat Nizamuddin. A vacation bench of Justice Neena Bansal Krishna granted the interim relief in a plea moved by the residents."Considering the long possession of the parties and their assertions that it is a Jhuggi cluster having more than 32...

Judge's Integrity Can't Be Doubted Merely For Allowing Adjournment Request: MP High Court Quashes Order Holding Lower Court Judge Guilty Of Misconduct

The Madhya Pradesh High Court recently set aside the order of the Disciplinary Authority against a former lower court Judge, whereby he was held guilty of misconduct. Corollary to the same, the Court also set aside the order of his compulsory retirement. He was held guilty by the Disciplinary Authority for, among other things, granting bail with "corrupt or oblique motive" and for...

Bank Can't Seek Issuance Of 'Look Out Circular' For Recovery Of Dues Unless Economic Interest Of Country Is Involved: Karnataka High Court

The Karnataka High Court has said the request for issuance of a Look out Circular (LOC) or preventing a person (defaulter of loan) from travelling abroad cannot be a mode of recovery of dues by a bank, unless there is an element of fraud and economic interest of the country is involved. A single judge bench of Justice SG Pandit partly allowed the petition filed by one Leena Rakesh...