News Updates
Maintenance Has To Be Awarded From Date Of Application Not From The Date Of Order: Allahabad High Court
Referring to the Apex Court's ruling in the case of Rajnesh v. Neha and another, (2021) 2 SCC 324, the Allahabad High Court has observed that the maintenance has to be awarded from the date of application and not from the date of the order.The Bench of Justice Samit Gopal observed thus as it opined that the order of the revisional court in granting maintenance to a lady and her minor...
Writ To Compel Police To Conduct Investigation Can Be Denied For Not Exhausting Alternative & Efficacious Remedy Under CrPC: Delhi High Court
The Delhi High Court has observed that a writ to compel police to conduct an investigation can be denied for not exhausting the alternative and efficacious remedy available under the provisions of the Code of Criminal Procedure. Justice Chadra Dhari Singh however added that such writ may be denied unless the exceptions enumerated in the decision of Apex Court in Radha Krishan Industries v....
Kerala High Court Refuses To Stay Investigation Against Dileep In His Plea To Quash FIR In Murder Conspiracy Case
The Kerala High Court on Thursday refused to stay the investigation initiated against actor Dileep by the Crime Branch for conspiring to murder the investigation officials in the 2017 actor rape case, in which Dileep is facing trial as the chief conspirator.The developments ensued in the plea moved by the actor seeking to quash the FIR filed by the Crime Branch of Kerala Police against him...
S.21 Of General Clauses Act Can't Be Used To Review 'Award' Made Under Land Acquisition Act, 1894: Manipur High Court
The Manipur High Court has recently held that Section 21 of the General Clauses Act, 1897 ("the Act of 1897") cannot be employed to review an 'Award' made under the Land Acquisition Act, 1894 ("the Act of 1894"). While dismissing the writ appeal preferred by the State, a Division Bench of Chief Justice Sanjay Kumar and Justice M.V. Muralidaran held, "It may however be noted that Section 21...
When Signature On Cheque Is Admitted Then Question For Appointment Of Handwriting Expert Doesn't Arise: PH High Court
The Punjab and Haryana High Court recently upheld the view taken by the lower court that when signature over a cheque in question has not been specifically denied then there is no question for the appointment of a handwriting expert to compare the handwriting over the cheque in question.With this, the Bench of Justice Vinod S. Bhardwaj dismissed the plea filed by one Sudhir Kumar challenging...
'How Agreement To Do Illegal Act Can Be Inferred Merely From WhatsApp Group Chat?': Court Drops Conspiracy Charge Against 12 In Delhi Riots
Observing that it was unfathomable how an agreement to do illegal act can be inferred merely from messages posted in a WhatsApp group chat, a Delhi Court has discharged 12 men of the charge of criminal conspiracy. The accused allegedly murdered various persons belonging to the Muslim community during the North East Delhi riots of 2020. The Court has framed other charges against them in...
Madras High Court Reserves Orders on Encroachment in Bethel Nagar
The Madras High Court has reserved orders on matter involving encroachments in Bethel Nagar at Injambakkam The bench of Chief Justice Munishwar Nath Bhandari and Justice D Bharatha Chakravarthy were hearing a contempt of court petition filed by one I.H Sekar, Managing Trustee of "The Nature Trust". The contempt petition was filed against the non-compliance of orders passed by the court in...
NEET-UG: Meghalaya High Court Grants Relief To Candidate Who Missed Counselling Due To Delivery Of Email In Spam Folder
In an interesting and peculiar development, the Meghalaya High Court has come to the rescue of a National Eligibility Cum Entrance Test (NEET) candidate who missed her counselling because e-counselling invitation mail was delivered in the spam folder of her e-mail. While allowing the writ petition, a Single Judge Bench of Justice H.S. Thangkhiew observed, "In this age of technology...
Data On Students' Personal Info Well Protected In ERP Software: Delhi University Tells High Court
The University of Delhi has told the Delhi High Court that the entire data related to the personal information of students has been well protected and kept with University developed Enterprise Resource Planning (ERP) software and that the University has a privacy policy in respect of the data received.Justice Pratibha M Singh was dealing with a plea filed by final year students of the...
Gauhati High Court Stays Lower Court's Order To Register Case Against CM Himanta Biswa Sarma Over Alleged Provocative Speech
The Gauhati High Court on Friday stayed a lower court order, whereby Assam Police were directed to register a case against Assam Chief Minister Himanta Biswa Sarma for his allegedly inflammatory remarks over an eviction drive carried out last year.Justice Hitesh Kumar Sarma said,"On consideration of the contents of the petition, facts leading to the passing of the impugned order by the...
Genuineness Of Allegations Can't Be Determined While Summoning Accused, Reiterates Allahabad High Court
The Allahabad High Court has reiterated that Genuineness or otherwise of the allegations cannot be even determined at the stage of summoning the accused. The Bench of Justice Sanjay Kumar Singh observed thus while dismissing a 482 CrPC Application filed challenging the summoning order of the Magistrate.The case in briefEssentially, an application under Section 156(3) Cr.P.C. was moved by...