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Person Can't Be Prosecuted For Abetment Of Suicide Merely Because Complainant Was Embarrassed About Being Beaten Up Publicly: Andhra Pradesh HC
In a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973, the Andhra Pradesh High Court quashed the FIR with respect to offences punishable under Sections 306 read with 116 of the Indian Penal Code by holding that merely because the victim felt embarrassed on being beaten in public and took a hasty decision to commit suicide, the Petitioner cannot be...
Grievance About Fixation Of Stamp Duty Is Beyond Jurisdiction Of Trial Court: Andhra Pradesh High Court
The Andhra Pradesh Court recently ruled that the any grievance relating to fixation of stamp duty and penalty would only be a revision before the Chief Controlling Revenue Authority under the Indian Stamp Act, 1899 and the trial court would have no role in the fixation of the stamp duty or penalty. The respondent had filed suit against the petitioner for eviction and recovery of...
Adversely Affect Young Generation: Madhya Pradesh High Court Denies Bail To Accused Under NDPS Act In Custody For Almost A Year
The Madhya Pradesh High Court recently rejected the second bail application moved by accused under the provisions of the Narcotics Drugs and Psychotropic Substances Act, 1985 along with M.P. Drugs Controls Act, 1949 on the ground that cases of drug abuse are on the rise, which is adversely affecting the young generation.It also made reference to the effects of organized activities...
Karnataka HC Seeks Suggestions For Reforming Administration Via Use Of Modern Technology, Reduction In Paper Work
The Karnataka High Court has constituted a Committee to suggest "Reforms in Administration with Special reference to use of Modern Technology and emphasis on reducing paper work". The circular issued by the registrar (Administration) states that, "The Hon'ble Committee has taken up the work to suggest changes and reforms. The General Public and more particularly, the learned...
Petitioner Was Ineligible To Write Entrance Test, Can't Take Advantage Of University's Improper Verification For Admission: Andhra Pradesh High Court
The Andhra Pradesh High Court in a recent writ petition observed that a candidate who is ineligible to appear in an entrance exam on the date of application, cannot take advantage of the University's improper verification of eligibility criteria and claim right to appear in the counselling round.Justice U. Durga Prasad Rao observed,"the petitioner cannot claim any legitimate right for grant...
Justice GR Swaminathan Of Madras High Court Resolves To Decide 445 Second Appeals Pending Since 2010 In 58 Days
Justice G.R Swaminathan of Madras High Court has expressed his resolve to dispose off 445 second appeals pending since the year 2010 within 58 days. In a letter addressed to the members of the Bar, the judge, who will be handling the second appeals for the time span of 2010-2014, has made it clear that adjournments won't be granted to ensure expeditious disposal of pending cases.He has made...
Minor Child Entitled To Claim Maintenance For His Upbringing By Father, Not Bound By Divorce Settlement: Delhi High Court
The Delhi High Court has observed that a minor child is entitled to claim maintenance for his upbringing by the father and that such a child is not bound by the divorce settlement regarding maintenance between his parents. Justice Vipin Sanghi and Justice Jasmeet Singh was dealing with an appeal filed by a minor child being aggrieved by the grant of interim maintenance by the Family Court at...
CWC Can't Act As Family Court In Child Custody Matters: Madhya Pradesh High Court Dismisses NGO's Plea Seeking Transfer Of Power With 10K Cost
The Madhya Pradesh High Court, Indore Bench recently dismissed a PIL that sought for transfer of power of a Family Court in respect of deciding custody of a child, to the Child Welfare Committee (CWC).The division bench of Justice Vivek Rusia and Justice Rajendra Kumar (Verma) also imposed a cost of Rs. 10,000 on the Petitioner, calling the petition to be "nothing but a misuse of the...
Appeal U/S 14A SC/ST Act And Not Revision Would Lie Against Order Of Framing Of Charges: Madhya Pradesh High Court
Rejecting an objection raised by its registry, the High Court of Madhya Pradesh recently held that the order of framing of charges, which also attracts provisions of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as 'SC/ST Act'), is not an interlocutory order, and therefore, an appeal U/S 14A SC/ST Act would have to be preferred...
'Employer Entitled To Carry On Business In Company's Best Interest': Bombay HC Grants Pre-Arrest Bail In Employee's Abetment To Suicide Case
The Bombay High Court has granted anticipatory bail to former Director of a company accused of abetting the suicide of an employee, observing that all the allegations seemed to be part of "normal course of business" and that a company was "entitled to carry its business in the manner that was in the best interest of the company."Justice Sarang Kotwal, in a recent order, observed that...