Courts Shouldn't Rush To Issue Standing Warrant, Proclamation & Attachment Orders Unless Satisfied That Accused Evading Intentionally: Rajasthan HC

The Rajasthan High Court has observed that the courts should not rush to issue standing warrants and initiate proceedings under Sections 82 and 83 of the Code, unless they are satisfied that the accused is intentionally evading or circumventing the warrants in order to avoid the prosecution.Under Code of Criminal Procedure, Section 82 deals with the proclamation for person absconding,...

Sippy Sidhu Murder Case: Daughter Of Himachal Pradesh High Court's Acting Chief Justice Arrested By CBI

The Central Bureau of Investigation (CBI) has arrested the daughter of Himachal Pradesh High Court Acting Chief Justice Sabina, Kalyani Singh in connection with the 2015 Sippy Sidhu murder case. She has been sent to 4 days of judicial custody.A murder case in connection with the murder of Sukhmanpreet Singh Sidhu, alias Sippy Sidhu, a national-level shooter, and lawyer who was shot dead in...

Motor Accident Death | Kerala High Court Lays Down 'Twin Conditions' To Claim Compensation In Plea Alleging Driver's Negligence

The Kerala High Court has held that in a claim under Section 166 of the Motor Vehicles Act, the petitioners must prove not only the negligence on the part of the driver or rider but also prove that the person alleged to have sustained injuries in a motor accident died in consequence of the accidental injuries. Justice A. Badharudeen added that it is the burden of the petitioners to...

All High Courts Weekly Round-Up: June 6 - June 12, 2022

Allahabad High Court NOMINAL INDEX Bhavesh Jain v. State Of U.P. Thru. Prin. Secy. Lko. 2022 LiveLaw (AB) 279 Shyam Sunder Prasad v. Central Bureau Of Investigation Lucknow 2022 LiveLaw (AB) 280 Vijay Mishra v. State Of U.P. Thru. Secy. Home Deptt. Lko. And Another 2022 LiveLaw (AB) 281 Ram Pravesh And 3 Other v. State of U.P. and Another 2022 LiveLaw (AB) 282 Basharat...

No Arrest During 2 Months' Cooling-Off Period After FIR Registration: Allahabad HC Issues Safeguards Against S. 498A Misuse

Allahabad High Court on Monday issued certain guidelines/safeguards to prevent the misuse of Section 498A of the Indian Penal Code (IPC). One of the guidelines issued by the Court states that after the registration of a First Information Report (FIR) under 498A IPC, no arrest or coercive action should be taken against the accused during the cooling-off period of two months. During...

Calcutta High Court Quarterly Digest: January To March 2022 [Citations 1-101]

Nominal Index [Citations 1-101]Dr. Avinandan Mondal v. State of West Bengal & Ors 2022 LiveLaw (Cal) 1Bimal Bhattacharya v. State of West Bengal & Ors 2022 LiveLaw (Cal) 2Pratik Maitra v. State of West Bengal 2022 LiveLaw (Cal) 3Shri Aloke Singh & Ors v. Indian Statistical Institute & Ors 2022 LiveLaw (Cal) 4Amit Kumar Das and Ors v. State of West Bengal 2022 LiveLaw...

Leaving Matrimonial House On Account Of Husband's Cruelty Not Desertion: Rajasthan High Court Grants Maintenance To Ex-Wife

The Rajasthan High Court has observed that a lady suffering from cruelty on account of her husband's conduct cannot be said to have deserted him or to be voluntarily residing away. The court added that the circumstances created by the husband, if not conducive, are bound to push away the wife.Essentially, the case of the petitioner-wife is that respondent-husband is working on the post of...

Factories Act Is Not In Substitution Of Any Other Statute, Does Not Override Indian Penal Code: Punjab & Haryana High Court

The Punjab and Haryana High Court, while dealing with a matter wherein usage of non-updated machinery led to the death of two labourers, held that provision of Factories Act, 1948 are not in substitution but are supplemental to any other Act; and thus they do not override the provisions of the Indian Penal Code. The bench comprising Justice Vinod S. Bhardwaj observed that perusal...

Allahabad HC Refuses To Quash FIR Against Alt News' Mohd. Zubair Over His Tweet Allegedly Calling 3 Hindu Seers 'Hate Mongers'

The Allahabad High Court recently dismissed a petition moved by the Co-Founder of Alt News, Mohammed Zubair challenging an FIR registered against him earlier this month for a tweet in which he allegedly called 3 Hindu seers- Yati Narasinghanand Saraswati, Bajrang Muni and Anand Swaroop as 'Hate mongers'It may be noted that Zubair was booked by the Uttar Pradesh Police earlier this month...

Summons U/S 160 CrPC Cannot Be Issued By Police Officer Without Registration Of FIR: Delhi High Court

The Delhi High Court has observed that summons or notices under Section 160 of the Code of Criminal Procedure can be issued by a Police Officer in order to set investigation into motion and that registration of FIR is must for the same.Section 160 CrPC provides for a Police officer's power to require attendance of witnesses.Justice Chandra Dhari Singh made the said observation while answering...

Tendency To File Cases Of Outraging Woman's Modesty In Disputes Between Neighbours To Settle Scores Needs To Be Curbed: Delhi High Court

The Delhi High Court has observed that the tendency of filing cases of outraging modesty of a woman under Section 354 and 509 of Indian Penal Code, in the disputes between neighbours to settle scores needs to be curbed.Justice Swarana Kanta Sharma made the observation while quashing an FIR registered under sec. 354, 452, 506, 509, 354B and 34 of Indian Penal Code.The complainant had stated...

Madras High Court Quarterly Digest: January To March 2022 [Citations: 1 - 134]

CITATIONS 2022 LiveLaw (Mad) 1 to 2022 LiveLaw (Mad) 134Monthly DigestsMadras High Court Monthly Digest: January 2022 [Citations 1 - 37] Madras High Court Monthly Digest: February 2022 [Citations 38 - 79]Madras High Court Monthly Digest: March 2022 [Citation 80-134]Nominal IndexM/s.The Kancheepuram Reading Room and Tennis Club, Represented by its Secretary v. The Director-General of Police...