Himachal Pradesh HC Asks Trial Courts Not To Insist For Certified Copies Of Bail/ Interim Orders, Accept Downloaded Copies Attested By Counsel

The Registrar (Vigilance) of the Himachal Pradesh High Court has requested all the Judicial Officers in the state to accept the downloaded copies of the bail orders/ interim orders passed by the High Court, if the same are attested to be true downloaded copy by the counsel, representing the parties.It was added that before accepting such orders, the orders could be verified from the High...

S.127 CrPC | Must Consider Husband's Financial Status, Changed Circumstances While Determining Maintenance In Matrimonial Dispute: Delhi High Court

The Delhi High Court has observed that the determination of maintenance in matrimonial disputes depends on the financial status of the husband and the standard of living that the wife was accustomed to in her matrimonial home.Justice Chandra Dhari Singh added that the financial capacity of the husband, his actual income with reasonable expenses for his own maintenance, and dependant...

Acquittal Is Necessary Consequence Of Dismissal Of Complaint For Default, Restoration Proceedings Barred: J&K&L High Court

The Jammu and Kashmir & Ladakh High Court recently held that the consequence of a criminal complaint being dismissed in default is acquittal of accused and the complainant has no other option but to avail statutory remedy against the same; he cannot seek restoration of the proceedings.Holding thus, it quashed the order passed by a Munsiff Court, whereby the complaint under Section 138...

General Category Is Open To All Meritorious Candidates, Regardless Of Them Falling In Reserved Or Unreserved Category: Gujarat High Court

The Gujarat High Court has held that a reserved category meritorious candidate should be allowed to merge in the class of unreserved category because of his own merits, as depriving such candidate from securing a birth in the unreserved category results into communally dividing a homogeneous class of meritorious candidates. In this case, an advertisement for the post of...

Institutions That Can't Pay Long Outstanding Salaries For Years Draws Attention To Its Right To Continue As An Employer: Delhi High Court

The Delhi High Court has observed that an institution which cannot pay its long outstanding salaries for years, which are statutorily due, draws attention to its financial stability and its right to continue as an employer.A division bench comprising of Justice Najmi Waziri and Justice Vikas Mahajan was of the opinion that it is for the State Government to look into the matter and ensure that...

Tendency To File Cases Of Outraging Woman's Modesty In Disputes Between Neighbours To Settle Scores Needs To Be Curbed: Delhi High Court

The Delhi High Court has observed that the tendency of filing cases of outraging modesty of a woman under Section 354 and 509 of Indian Penal Code, in the disputes between neighbours to settle scores needs to be curbed.Justice Swarana Kanta Sharma made the observation while quashing an FIR registered under sec. 354, 452, 506, 509, 354B and 34 of Indian Penal Code.The complainant had stated...

Actor Mohanlal To Face Trial Before Kerala Court In Ivory Possession Case

Malayalam actor Mohanlal will now have to face trial in a wildlife crime case booked against him after a trial court in Kerala dismissed the State's plea to withdraw the prosecution proceedings on Thursday. The actor was booked for illegal possession of two pairs of ivory after the Income Tax Department recovered illegal ivory from his Kochi residence in a raid in June 2012. A case...

Madras High Court Quarterly Digest: January To March 2022 [Citations: 1 - 134]

CITATIONS 2022 LiveLaw (Mad) 1 to 2022 LiveLaw (Mad) 134Monthly DigestsMadras High Court Monthly Digest: January 2022 [Citations 1 - 37] Madras High Court Monthly Digest: February 2022 [Citations 38 - 79]Madras High Court Monthly Digest: March 2022 [Citation 80-134]Nominal IndexM/s.The Kancheepuram Reading Room and Tennis Club, Represented by its Secretary v. The Director-General of Police...

Last Seen Theory Must Be Proximate With Time Of Death: Bombay High Court Acquits Two Accused Of Murdering Deranged Man Mistaking Him For Demon

The Bombay High Court has held that the "last seen theory," whereby the accused is the last person spotted with the victim, is not enough to hold him guilty of the crime in the absence of a correlation with the time of the victim's demise. The prosecution must establish the time when the deceased was last seen with the accused and the time of death, the court added. "Unless there...

Advertising Vacancy In Newspaper Having Less Circulation Violates Fundamental Rights Of Prospective Candidates: Allahabad High Court

The Allahabad High Court has observed that failure to properly advertise vacant posts is a violation of the fundamental right of the prospective/potential candidates and is also unfair to such candidates. The Bench of Chief Justice Rajesh Bindal and Justice J. J. Munir issued this order.Essentially, one Ravi Pratap Mishra had moved before the single judge stating that he was appointed as a...

POCSO Act | Bar U/S 33(5) To Recall Minor Victim Not Applicable After Her Attaining Majority: Karnataka High Court

The Karnataka High Court has held that on the child attaining 18 years of age, the rigor under Section 33(5) of the Protection of Children from Sexual Offences Act, 2012 Act gets diluted and sequentially, will not become a bar for seeking recalling and further cross-examination of the victim under Section 311 of the CrPC on an application made by the accused. A single judge bench...

Allahabad HC Dismisses Plea Of Judicial Officers Having Less Than 3 Years Of Service To Appear For UPHJS Eligibility Test 2020

The Allahabad High Court recently dismissed a petition filed by UP Judicial Services Association along with some of the judicial officers (having less than 3 years of experience as of December 31, 2021) seeking a direction allowing them to appear for the suitability test 2020 for promotion to UP Higher Judicial Services.The Bench of Justice Rajesh Singh Chauhan and Justice Subhash...