Nun Rape Case : State Moves Kerala High Court Challenging Bishop Franco Mulakkal's Acquittal

In a much anticipated move, the State has filed an appeal against the decision of the Additional District and Sessions Court acquitting Bishop Franco Mulakkal of the Catholic Church in the nun rape case.Franco Mulakkal, the Bishop of Jalandhar, was accused of raping a nun from the Missionaries of Jesus convent in Kuravilangad. The survivor alleged that Franco raped her 13 times during his...

NDPS Act | Courts Can't Declare A Particular Drug As 'Manufactured Drug' Or 'Psychotropic Substance': JKL High Court

The Jammu and Kashmir and Ladakh High Court has observed that the Courts cannot make a declaration that a particular drug is a 'manufactured drug' or a 'psychotropic substance' under the NDPS Act.The Bench of Justice Sanjay Dhar observed thus as it and that this is the job of the Government to take decisions over including a particular drug in the list of 'manufactured drugs' or...

Divorce By Mutual Consent: Madhya Pradesh HC Rules Condition U/S13B(1) Hindu Marriage Act Of 'Living In Separation For One Year' Can't Be Waived

The Madhya Pradesh High Court recently held that the period of one year of living in separation is a must to the filing of an application for divorce by mutual consent under Section 13B(1) of the Hindu Marriage Act and that waiver of this period under Section 14 of the Act is not permissible. The division bench of Justice Sheel Nagu and Justice D.K. Paliwal was dealing with first...

Section 420IPC- Complaint Can Be Quashed If Company Is Not Made A Co-Accused In A Crime: Andhra Pradesh High Court

The Andhra Pradesh High Court recently exercised its inherent powers under Section 482, CrPC to quash a FIR which had not made a company as co-accused even though the transaction was made with the company. Brief Facts of the case The Criminal Petition was filed under Section 482 CrPC seeking to quash the FIR registered under Section 420 of Indian Penal Code dealing with punishment...

Order 38 Rule 5 CPC | Suit Property Can't Be Attached Mechanically Or Merely For Asking Of Plaintiff: Delhi High Court

The Delhi High Court has observed that the power under Order XXXVIII Rule 5 of Code of Civil Procedure cannot be exercised by High Court mechanically or merely for the asking of plaintiff to the suit. Justice Amit Bansal observed,"provisions of Order XXXVIII Rule 5 of the CPC have to be used sparingly and that the plaintiff has to satisfy the Court that the defendant is seeking to...

'Courts Exist For Convenience Of Litigants, Not Advocates': Bombay HC Rejects Bar Association's Plea Against Establishment Of Court At Wai

The Bombay High Court has rejected the writ petition filed by Satara District Bar Association, opposing its decision to establish the Court of an Additional District Judge and the Court of a Civil Judge in Maharashtra's Wai town. The Association had stated that the decision would put Judicial officers, staff and litigants to great difficulty.While dismissing the writ petition, a bench...

Absence Of Reasons In Order Imposing Penalty Violates Principles Of Natural Justice: Andhra Pradesh High Court

In a recent case, Justice R. Raghunandan Rao of the Andhra Pradesh High Court has reiterated the principle that absence of reasons in an order as to why conditions and penalty are imposed is a violation of natural justice principle. The petitioner had been granted a quarry lease for Black Granite over an extent of land for a period of 20 years. The said lease had been determined by...

Madras High Court Evokes Doctrine Of 'Approbate & Reprobate', Holds A Party Can't Take Contradictory Stands In Different Courts

Madras High Court has evoked the 'doctrine of approbate and reprobate' to hold that a party cannot claim a right over a property when he had obtained another Decree from the competent Civil Court on the ground that no right or title was conveyed to him under the sale deed.Justice N. Anand Venkatesh observed that the defendant party claiming right over the schedule property cannot take...

All High Courts Weekly Roundup [March 21 - March 27, 2022]

Allahabad High Court CITATIONS 2022 LiveLaw (AB) 130 TO 2022 LiveLaw (AB) 141 NOMINAL INDEX Sajid @ Kale v. State of U.P. 2022 LiveLaw (AB) 130 State of Uttar Pradesh v. Rahul Singh @ Govind Singh connected with Rahul Singh @ Govind Singh v. State of Uttar Pradesh 2022 LiveLaw (AB) 131 Jeetu @ Amit Kumar Rawat And Anr. v. Sub Divisional Magistrate Sadar Lucknow And Anr....

Abandoned Woman With No Psychiatric Symptoms Incarcerated In Mental Health Facility For 12 Yrs: PIL Filed In Bombay High Court

Plea seeks implementation of Mental Healthcare Act, 2017 which makes provision for periodic review of patients' conditions.

States Responsible To Detect & Prevent Crimes: Home Ministry On Sulli Deals & Bulli Bai App Case

In response to questions regarding apps like 'Bulli Bai' and 'Sulli Deals' that harass and defame Muslim women, the Ministry of Home Affairs has said that maintaining law and order is the responsibility of the respective State governments.When asked if such apps have come to the notice of the Government and the action taken in this regard, Union Minister Ajay Kumar Mishra in a written...

Stand Of Defendant Irrelevant When Court Is Dealing With Application Under Order VII Rule 11 Of CPC: Delhi High Court

The Delhi High Court has observed that in a case where the Court is dealing with an application under Order VII Rule 11 of the Code of Civil Procedure, the stand of the defendant is irrelevant. Adding that what is required to be looked into is the averments and documents filed alongwith the plaint, Justice Asha Menon observed thus:"When the court is dealing with an application under Order...