Consider Placing Hospitals Under Police Protection: Kerala High Court To State Over Increasing Attacks On Medical Personnel

Stating that reports of attacks on healthcare persons has became a 'routine', the Kerala High Court on Thursday asked the State government to consider its suggestion of placing police presence in hospitals, at least in the most sensitive areas for now, which can later be extended to other places in due time.A Division Bench of Justice Devan Ramachandran and Justice Kauser Edappagath also...

Uttarakhand High Court Partially Allows Proposed Felling Of Trees For Widening Sahastradhara Road

The Uttarakhand High Court has partially allowed the proposal to cut thousands of trees to widen the road connecting an important tourist destination in Uttarakhand, i.e. Sahastradhara. A Division Bench of Acting Chief Justice Sanjaya Kumar Mishra and Justice Ramesh Chandra Khulbe cleared the proposal on the condition that the valuable trees shall be re-planted and duly taken care of by...

Private Complaint For Fraud U/S 447 Of Companies Act Not Maintainable Before Special Court For Economic Offences: Telangana High Court

Recently, the Telangana High Court ruled that a private complaint for fraud under Section 447 of Companies Act, 2013 is not maintainable before the Special Court. Section 212(6) of the Companies Act ensures that prosecution for fraud can only be launched after due investigation. This provides a safeguard against frivolous complaints from millions of shareholders of various...

Custodial Death: Tripura High Court Orders ₹10 Lakh Compensation For Family Members Of 27 Year Old Victim

The Tripura High Court on Wednesday directed the state government to pay a compensation of Rs 10 lakh to the family members of Jamal Hossain, who allegedly died due to custodial torture in police lockup.The Bench of Chief Justice Indrajit Mahanty and Justice Satya Gopal Chattopadhyay ordered that the widow, children, and mother of the deceased shall be entitled to an equal share of the amount...

Hindu Adoptions & Maintenance Act Does Not Envisage Agreement To Adopt 'Unborn Child': Punjab & Haryana High Court

The Punjab and Haryana High Court while dealing with a case of adoption of an unborn child, held that no such provision as to give effect to adoption of an unborn child is envisaged under the Hindu Adoptions and Maintenance Act, 1956. The Hindu Adoptions and Maintenance Act, 1956 does not envisage an agreement to adopt a child, who is not yet born. The bench comprising...

Extension Of Parole Can't Be Sought From High Court U/S 482 CrPC: Himachal Pradesh High Court

The Himachal Pradesh High Court has held that a prisoner/convict cannot be granted extension of parole while exercising jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'). A Single Judge Bench of Justice Vivek Singh Thakur also suggested that such cases can be entertained under the jurisdiction of High Court under Article 226 of the...

S.143A NI Act | 'Conduct Of Accused' Relevant Consideration While Deciding Application For Interim Compensation: Karnataka High Court

The Karnataka High Court has directed Magistrate courts to take into consideration conduct of the accused while deciding application filed by drawee in a cheque dishonour case, seeking interim compensation under section 143A of the Negotiable Instruments Act, 1881. A single judge bench of Justice M Nagaprasanna said, "It has become necessary to direct learned Magistrates that...

Orissa High Court Disposes Pending Case Challenging Puri Jagannath Temple Corridor Project In View Of Supreme Court Decision

The Orissa High Court has disposed of the pending writ petition challenging Puri Shree Jagannath Temple Corridor Project, in view of the recent decision of the Apex Court in Ardhendu Kumar Das v. State of Odisha. Notably, in that case, the Supreme Court dismissed two petitions filed against some construction works undertaken by the Odisha Government in the adjacent area of...

Private Prosecutor Appointed By Complainant May Seek Framing Of Additional Charge, Does Not Amount To Taking Control Of Prosecution: Madras High Court

The Madras High Court recently set aside the order of Judicial Magistrate, wherein it was held that a Private Pleader, who was appointed by the complainant to assist the Public Prosecutor, could not conduct an independent prosecution under Section 301(2) of the Code of Criminal Procedure and therefore had no locus standi to plead on behalf of the prosecution and conduct the case.Justice...

CBI Director Doesn't Have Better Legal Acumen Than ASG: Calcutta HC Reiterates Proposal To Empower ASG To Give Opinion On Filing Appeals To Curb Delay

The Calcutta High Court on Wednesday reiterated its recommendation of amending the Crime Manual, 2022 of the Central Bureau of Investigation (CBI) to empower the Additional Solicitor General of the High Court to give his opinion on filing appeals challenging court orders and on the basis of such an opinion, the zonal office of the CBI may be permitted to file an appeal within the...

45 Days' Delay In Lodging FIR: Karnataka High Court Quashes Criminal Proceedings In Absence Of Plausible Explanation

The Karnataka High Court has quashed criminal proceedings pending against a man holding that the FIR lodged by the complainant was 45 days after the alleged incident of assault and no plausible explanation was given for the delayed filing of FIR. A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by B.Durga Ram and quashed the proceedings initiated...

Denial Of Economic Support To Wife & Minor Son Amounts To 'Domestic Violence' Even If Parties Aren't Residing In Shared Household: Calcutta High Court

The Calcutta High Court on Thursday observed that denial of economic support to the wife and the minor son constitutes 'domestic violence' under Section 3 of the Protection of Women from Domestic Violence Act, 2005 (DV Act, 2005) and that it is immaterial whether the parties are still residing in a shared household or not. Section 3 defines domestic violence and includes physical, sexual,...