'Relationship Protected And Permitted By Constitution': Madras High Court Reunites Transman And Woman Forcibly Separated By Woman's Father

The Madurai bench of the Madras High Court last week reunited a transman and his lover by directing the release of his 23 year old lover, Revathi, from the unlawful custody of her father. The Court was adjudicating upon a habeas corpus petition moved by the petitioner transman alleging illegal detention and confinement of his lover Revathi and accordingly sought the Court's leave to set his...

Persons Who Fled To Assam During WB Post Poll Violence Provided Temporary Relief; Left To Their Homes: State Urges Gauhati HC To Close PIL

The State of Assam has informed the Gauhati High Court that 70 displaced persons who had fled from West Bengal to Assam in view of post-poll violence were provided with temporary shelter, food and medicines by the district administration while maintaining Covid-19 protocols.The State also informed that the affected people have now left to their homes and since there is no more influx in...

Exercise Of Power U/S 319 CrPC: "Primacy To Be Given To Evidence Recorded During Trial Over Material Collected During Investigation": Allahabad HC

The Allahabad High Court has recently observed that for the purpose of the exercise of power under Section 319 of the CrPC, the evidence recorded by the court during trial is to be accorded primacy over the material collected during investigation. Observing thus, the Bench of Justice Yogendra Kumar Srivastava said: "The contention which has been sought to be raised placing...

A Party To Dispute Cannot Nominate Arbitrator Even If The Arbitration Agreement Allows It: Kerala High Court

The Kerala High Court has held that neither a party to an Arbitration Agreement nor a person nominated by it can be nominated an arbitrator, even if the agreement expressly allows the same. With this notion, the Court went on to disregard the stipulations of the arbitration clause to the extent to which it allowed the lessor(respondent) to nominate the Arbitrator when the parties failed...

'Case Of Honey Trap': Delhi High Court Denies Anticipatory Bail To Woman Who Allegedly Threatened Man Of Filing False Rape Case

The Delhi High Court has denied anticipatory bail to a woman who allegedly threatened a man of filing rape case against him if he failed to meet her demand of Rs. 2 Lakhs. "This is a case of honey trap," the Court observed.Justice Subramonium Prasad was dealing with the anticipatory plea filed by a woman accused for offences punishable under sec. 328 (Causing hurt by means of poison, etc...

'Every Single Minute Of Court Is Precious': Madhya Pradesh High Court Imposes 50K Cost For Failure To Disclose Pendency Of Appeal Before SC

The Indore Bench of the Madhya Pradesh High Court recently imposed a cost of Rs. 50,000 while dismissing a plea as withdrawn in a matter which was already pending before the Apex Court. A Division Bench of Justice Sujoy Paul and Justice Anil Verma condemned the petitioner's failure to inform the Court regarding the parallel proceedings in the Supreme Court, and continuing arguments before...

No Need To Examine Scribe To Prove Execution of a Will: Gujarat High Court

The Gujarat High Court has held that in view of the provisions of Section 68 of the Indian Evidence Act, 1872, there is no need to examine the scribe of a Will. What law requires is examination of at least one attesting witness, added the Court. Section 68 of the Act of 1872 reads as follows: Proof of execution of document required by law to be attested.—If a document is...

"15-Yr-Old Girl's Molestation Case Dealt With In Casual & Insensitive Manner": Allahabad HC Directs Action Against Erring Police Officials

The Allahabad High Court on Tuesday came down on heavily on the police department for dealing with the molestation case of a 15-year-old girl in a very casual and insensitive manner The bench of Justice Raj Beer Singh directed the Superintendent of Police, District Chitrakoot to take strict action against the erring police officials and to file an action taken report before...

'State Of Turmoil In Afghanistan': Counsel for Afghan Embassy Seeks Adjournment Before Supreme Court

The Supreme Court on Thursday adjourned for six weeks a plea filed by the Embassy of Islamic Republic of Afghanistan after a request seeking the same was made by the Embassy's Counsel in wake of the current situation in Afghanistan resulting from the Taliban's takeover.Citing the regime change in Afghanistan and the state of turmoil in the entire country, an adjournment was sought by...

Lawyer Present In Court Sends Illness Slip Seeking Adjournment: Allahabad HC Directs To Inform Bar Association About Members' 'Unfair Practice'

The Allahabad High Court recently deplored the behavior of an Advocate (Counsel appearing for the petitioner), who, despite being present within the Court premises, sent his illness slip before the Court seeking adjournment in a matter. Noting the circumstances under which the illness slip was sent, the Bench of Justice Jaspreet Singh called him before the Court and a specific query...

Accused Can't Claim That His Confessional Statement Be Considered Regarding Some Offences Only & Not For Others: Allahabad HC

In an important observation, the Allahabad High Court has recently held that when a conviction is made as a whole regarding any occurrence or set of occurrences, the accused cannot, at a later stage, claim that confessional statement made by him should be considered regarding some of the offences only and not for others. The Bench of Justice Ajai Tyagi was dealing with a contention of...

Forensic Science Laboratory's Report Need Not Be Proved By Calling Its Director As It A Public Document U/S 293 CrPC & Hence Admissible: Allahabad HC

The Allahabad High Court recently held that since a report of State Forensic Science Laboratory is admissible in evidence (as per the provision of Section 293 Cr.P.C.), therefore, there is no requirement to call the Director of that laboratory to get the same proved. The Bench of Justice Ajai Kumar Tyagi was hearing an appeal of a Spain national accused/appellant against the Judgment...