Dishonour Of Cheque: Specific Averments To Be Mentioned, Not Enough To Allege That the Accused Was CEO Or Director Of Company: Delhi High Court

The Delhi High Court has passed an order quashing criminal proceedings against the former CEO of a company in a cheque dishonour case, holding that as no specific allegations or averments against the former CEO, regarding her alleged role either in the transaction or in the conduct of business of the company were made out, the complaint against her was liable to be quashed in...

'Constitutional Duty Of State To Ensure Effective & Speedy Prosecution': Calcutta High Court Calls For Reports On Undertrials In NDPS Cases

"Right of bail to an under-trial flows from Article 21 of the Constitution of India which frowns upon unnecessary and prolonged detention pending judicial adjudication of guilt," observed the Calcutta High Court on Friday while stating that the restrictions on grant of bail to an undertrial under Section 37 of the Narcotic Drugs and Psychotropic Substances Act (NDPS) 1985, have to be read...

It Cannot Be Presumed That Police Officer Will Be Biased Merely Because He Is Facebook Friend Of Complainant: Punjab & Haryana HC

"Sending of complaints by way of emails to the officials on their personal email IDs or having them as friends on social media do not give rise to any presumption of mala fide."

BBA Writes To Bombay High Court Chief Justice Requesting Him To Reconsider Order To Resume Physical Hearing

Referring to the Office Order dated 27.11.2020 of the Bombay High Court, pursuant to which physical presence in the Court has been made mandatory, the Bombay Bar Association ("BBA") on Sunday (29th November) sent a representation to the Chief Justice, High Court of Bombay to request him to modify the Office Order dated 27.11.2020. In the representation, it has been stated that...

Gujarat High Court To Consider Imposing Punishment Of 'Community Service At Covid-19 Centres' Upon Mask Violators

The Gujarat High Court on Friday said that imposition of fine on not wearing masks is not acting as a sufficient deterrent amongst the public and the State Government may consider making violators work at Covid-19 centres. This suggestion has not attained finality and will be discussed by the Court with the State Government on Tuesday, December 1. A Division Bench of Chief Justice...

"Cautions Expressed Falling Into Deaf Years": Supreme Court Slaps Rs. 15K Costs On UP Govt For Delayed SLP Filing

It appears that the cautions extended from time to time are falling on deaf ear, remarked the Supreme Court while dismissing a Special Leave Petition filed by the State of Uttar Pradesh with a delay of 1006 days."If the petitioners feel that the period of limitation prescribed by the Legislature is not sufficient, given their inefficiencies and incompetence, then it is for them to persuade...

High Courts Weekly Roundup [Nov 23 – Nov 29]

Allahabad High Court 1. "Right To Choose A Partner Of Choice A Fundamental Right": Allahabad High Court Says The Judgments Which Held "Conversion For The Purpose Of Marriage Only" Not Good Law [Salamat Ansari & Ors. v.State of UP & Ors. ] A Bench of Justice Pankaj Naqvi and Justice Vivek Agarwal specifically observed that "Right to live with a person of his/her...

Rape Accused Marries Prosecutrix: Delhi High Court Grants Anticipatory Bail To Accused

The Delhi High Court on Friday allowed the anticipatory bail application of a rape accused after the victim's mother expressed that she has no objection to the same. The victim's mother informed the Court that the Petitioner-accused has married her daughter (the prosecutrix) and she has no objection if the Petitioner is released on anticipatory bail. The prosecutrix was also present...

'Give Complete Details Of Criminal Antecedents Of Bail Applicants In Bail Orders': Rajasthan High Court Directs Trial Courts

The Rajasthan High Court on Wednesday (25th November) directed all the Trial Courts in the State to give the complete details of the antecedents (of the Bail Applicant), if any, and also record that there are no antecedents of the accused person in case of none being there. The Bench of Justice Pushpendra Singh Bhati issued the above-said direction while hearing the Bail...

Kerala High Court Refuses To Temporarily Lift Ban On Plastic In & Around Sabarimala

The Kerala High Court on Wednesday (25th November) refused to temporarily lift the ban imposed on plastic in & around Sabarimala by two orders of the Court in the year 2015 and 2018. The Bench of Justice K. Vinod Chandran & Justice T. R. Ravi in its order remarked "The Government and the Board were well aware of the pandemic situation, when a decision was taken...

Delhi Riots: Delhi High Court Issues Notice To Delhi Govt In Plea Seeking Compensation For Victims

Delhi High Court has issued notice in a plea seeking interim and full compensation for the victims of the riots that broke out in the northeast districts of Delhi. While issuing notice, the Single Bench of Justice Navin Chawla has also directed the Delhi Government to file a counter-affidavit within four weeks. Filed by Md Shahabaj and other victims of the riots, the petition...

Entitled To Benefit of Doubt: Supreme Court Acquits Man In A Dowry Death Case

The Supreme Court has acquitted a man who was convicted by the Trial Court and the High Court in a dowry death case.In this case, the accused's wife [with whom his marriage was solemnized about 1 ½ years ago] had died by setting herself afire by pouring kerosene oil upon herself. The dying declaration showed that the immediate cause for the deceased to set herself afire was the domestic...