Gujarat High Court Weekly Round Up: August 8 - August 14, 2022

NOMINAL INDEXSalimbhai Ibrahimbhai Mir V/S State Of Gujarat 2022 LiveLaw (Guj) 316 Ajitsingh Jagan Singh Yaduvanshi V/S State Of Gujarat 2022 LiveLaw (Guj) 317 Yogesh Lakhmanbhai Chovatiya V/S Pgvcl Through The Deputy Engineer 2022 LiveLaw (Guj) 318 Parth Krishnkant Patel V/S Managing Director/ General Manager (Legal Cell) 2022 LiveLaw (Guj) 319 Shambhubhai Devrajbhai Jaru...

Criminal Complaint Should Not Merely Mention Section & Its Language, Must Disclose Particulars Of Offences & Role Played By Each Accused: J&K&L HC

The Jammu and Kashmir and Ladakh High Court recently observed that unless specific allegations are made against the accused persons, it cannot be stated that they are involved in the alleged offences.The observation came from Justice Sanjay Dhar: "In order to lodge a proper complaint, mere mention of the sections and language of these sections is not all that is needed. What is...

[Right To Shelter] Even Encroachers Are Protected From State Action Which Violates Procedure Established By Law: Jharkhand HC

The Jharkhand High Court recently observed that the right to shelter is a fundamental right of every citizen under the Constitution and any infraction of this right by State action must invite judicial intervention to protect the occupants of a dwelling house.A division bench comprising Justices Shree Chandrashekhar and Ratnaker Bhengra observed: "The right to shelter is a fundamental...

Allahabad High Court Weekly Round Up: August 8 To August 14, 2022

NOMINAL INDEX Fayanath Yadav S/O Late Devdutt Yadav (Fourth Bail) v. State Of U.P. Thru. Prin. Secy. Home, Lko 2022 LiveLaw (AB) 362 Javed v. State of U.P. 2022 LiveLaw (AB) 363 Nabco Products Private Limited versus Union of India and Ors. 2022 LiveLaw (AB) 364 Babu v. State of U.P. 2022 LiveLaw (AB) 365 Raj Kishore @ Pappu v. State of U.P 2022 LiveLaw (AB) 366 Archana...

Permit Use Of Gujarati Language/Documents In Proceedings Before Gujarat High Court: GHCAA Moves Representation Before Governor

The Gujarat High Court Advocates' Association (GHCAA) has moved a representation before the Governor Of Gujarat State, Devvrat Acharya, seeking his specific authorization under Article 348(2) of the Constitution of India to allow the use of Gujarati language in addition to English in the court proceedings before the Gujarat High Court.It may be noted that this provision under the Constitution...

Tripura High Court Grants Judicial Separation To Old Couple On Humanitarian Grounds

The Tripura High Court recently granted judicial separation to an old couple on humanitarian grounds, stating that they have mutually agreed to be away from each other and the court would not want to precipitate the litigation. The observation came from a division bench of Justice T. Amarnath Goud & Justice S.G. Chattopadhyay: "After elaborate arguments on behalf of both sides,...

Preservation Of Unworkable Marriage Causes Great Misery, Marital Bond Should Be Severed On Irretrievable Breakdown : Kerala High Court

The Kerala High Court recently, while dismissing a Matrimonial Appeal, observed that when a marriage has broken down beyond repair, the law should take notice of the fact as refusing to serve the legal tie of such marriages would be injurious to the interest of the parties as well as the society.Division Bench Consisting of Justice Anil K Narendran and Justice C S Sudha observed that nothing...

Caste Committee Clean Chit To NCB Officer Sameer Wankhede, FIR Against Nawab Malik For Defamation Under SC/ST Act

A little less than a year after former Maharashtra Minister Nawab Malik accused Sameer Wankhede, then anti-Narcotics officer, of fraudulently obtaining a scheduled caste certificate despite being a Muslim by birth, the caste committee has given Wankhede a clean chit. The District Caste Certificate Verification Committee declared that Wankhede belonged to SC/ST's Mahar community and...

Standard Of Proof For Accused To Rebut Presumption U/S 139 NI Act Is That Of 'Preponderance Of Probabilities': Jharkhand High Court

The Jharkhand High Court has reiterated that when an accused under Section 138 of the Negotiable Instruments Act has to rebut the presumption in favour of cheque holder under Section 139 of the Act, the standard of proof for doing so is that of 'preponderance of probabilities'. The observation came from Justice Deepak Roshan: "While section 138 of the Act specifies a strong...

Sedition Not Made Out In Absence Of Incitement Of Disaffection Towards Govt: Karnataka HC Quashes Case Against Police Association Leader

The Karnataka High Court has quashed the case of sedition registered against a dismissed police constable who formed a Police Association namely Akhila Karnataka Police Maha Sangha (Welfare Body) in the year 2016 and was accused of spearheading a movement to instigate the lower rung of the Police force to act against the present elected Government. A single judge bench of Justice...

"Unbelievable That Man Would Take Family Members To Victim's House With A Marriage Proposal & Rape Her": MP High Court Quashes Case

The Madhya Pradesh High Court (Indore bench) recently quashed a rape case instituted against the accused by the victim on the allegation that he established physical relations with her on the false promise to marry her. The bench of Justice Subodh Abhyankar noted that even if it is assumed that the accused had established a physical relationship with the victim, it can't be said that the same...

PIL Moved In Calcutta High Court Seeking Declaration Of Public Holiday On 2nd July In Honour Of Nawab Siraj-Ud-Daulah

A Public Interest Litigation (PIL) plea has been moved before the Calcutta High Court seeking a direction to the state government to declare a public holiday on July 2 (the day he died) in honor of the martyrdom of the last independent Nawab of Bengal, Mirza Muhammad Siraj-ud-Daulah.The PIL plea moved by one Kousik Ghosh through advocate Saugata Banerjee states that Sirajud-Daulah was one...