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...

Bombay High Court Asks Petitioner To Deposit ₹1 Lakh Before Hearing PIL To Rename 'Dindoshi' Metro Station As 'Pathanwadi'

The Bombay High court on Thursday directed a petitioner to deposit Rs 1 lakh before hearing his PIL seeking re-naming of a station on Mumbai Metro Line 7 from 'Dindoshi' back to 'Pathanwadi.' The PIL filed by the Naee Roshni Social Organisation states that originally the metro station was named "Pathanwadi," however, due to "undue political pressure" and requests made by MLAs,...

'Prima Facie Defamation': Mumbai Court Summons Shiv Sena's Sanjay Raut In Complaint By BJP Leader Kirit Somaiya's Wife

A Metropolitan Magistrates court in Mumbai issued process (summons) to Shiv Sena leader Sanjay Raut in a defamation complaint filed by BJP leader Kirit Somaiya's wife Medha Somaiya. Magistrate PI Mokhashi issued summons to Raut under section 204(a) of the CrPC returnable on July 4, 2022. "These documents and video clips produced on record prima facie reveals that the...

Mosque Loudspeakers: High Court Asks Karnataka Govt If It Has Granted Permanent Licenses, Under What Law

The Karnataka High Court on Friday asked the state government to respond to the allegations relating to grant of permanent licenses for installing loudspeakers in Mosques. The Court also asked the state as to under what provision licences for playing loudspeakers, by 16 mosques (which are before the court), can be granted and which authority is authorised and under what law and for...