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Plea Of Alibi Can't Be Considered At Stage Of Cognizance Under S.319 CrPC: Rajasthan High Court
The Rajasthan High Court has rejected a plea challenging cognizance taken by the District Court against the petitioners-accused for rioting and murder, opining that the plea of alibi cannot be considered at the stage of taking cognizance, and it had to be proved by the accused at the appropriate stage of defence. The FIR mentioned the name of the petitioners, and during the course...
"Right To Health Requires Time-Sensitive Medical Infrastructure": Jharkhand HC Issues Directions For Specialised Burn Care Facilities
The Jharkhand High Court has held that the right to health under Article 21 is a positive constitutional mandate requiring the State to provide specialised, time-sensitive medical infrastructure, particularly in cases such as burn injuries where immediacy of care is critical. The Court observed that the absence of functional burn care facilities renders the constitutional guarantee of life...
Abruptly Blocking Employee's Smart Card Access To Terminate Him Violates Basic Dignity Of Labour: Madras High Court
The Madras High Court recently observed that a company abruptly blocking an employee's smart card access to terminate him from work violates the basic dignity of labour. Justice Bharatha Chakravarthy noted that people in managerial positions should take a more empathetic approach and think from the employee's point of view. The court added that such an abrupt termination...
Promise Made By Chief Minister During Press Conference Not Legally Enforceable Without Policy Backing: Delhi High Court
The Delhi High Court on Monday held that an assurance or promise made by a Chief Minister during a press conference does not constitute an enforceable legal promise in the absence of any formal policy or statutory backing.A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla said that such a promise cannot be enforced by way of a writ of mandamus if no legal...
S.145 NI Act | Only Complainant Can Lead Evidence By Affidavit In Cheque Bounce Cases, Not Accused: Orissa High Court
The Orissa High Court has held that only the complainant in a cheque dishonour case, under Section 138 of the Negotiable Instruments Act, 1881 ('the Act'), may give his evidence-in-chief by way of an affidavit as per Section 145(1) of the Act. It clarified that the same procedure is not applicable to the accused, who is required to render his examination-in-chief before the Court...
Tribunals Can't Get Involved In Infight Between Counsels: Allahabad High Court
Recently, while dealing with a compensation claim arising out of Motor Vehicles Act, 1988, the Allahabad High Court observed that the Motor Accidents Claims Tribunal cannot get involved in an infight between counsels.Despite orders of the Lok Adalat in 2019, the compensation had not been released to the petitioner. In 2026, the Presiding Officer, MACT Sultanpur passed an order stating that...
Challenge To Tribunal Order Lies Before HC Having Territorial Jurisdiction Over It: Allahabad High Court
The Allahabad High Court has held that it does not have the territorial jurisdiction to entertain writ petitions against the order passed the Principal Bench of the Armed Forces Tribunal located in New Delhi. Relying on the landmark judgment of the Apex Court in L. Chandra Kumar v. Union of India and Union of India v. Alapan Bandyopadhyay, the bench of Chief Justice Arun Bhansali and...
Supreme Court Refuses To Stay Adani's Resolution Plan For Jaiprakash Associates; Urges NCLAT To Hear Vedanta's Appeal On Priority
The Supreme Court on Monday refused to interfere with the order of the National Company Law Appellate Tribunal (NCLAT) which refused to accept the plea of Vedanta Ltd to stay the implementation of Adani Enterprises' resolution plan for Jaiprakash Associates Ltd.The Court declined interference noting that the NCLAT has posted Vedanta's appeal for hearing on April 10. The Court however...
S. 221 CrPC | No Bar To Invoke Both 'Cheating' & 'Criminal Breach Of Trust' Offences On Same Allegations: Allahabad HC
The Allahabad High Court has observed that offences of 'cheating' and 'criminal breach of trust' under IPC can be invoked simultaneously against an accused if the facts create doubt as to which offence is actually committed A bench of Justice Arun Kumar Singh Deshwal thus dismissed the bail application of a man accused of misappropriating funds collected from poor women belonging...
Patna HC Invokes Doctrine Of Frustration To Dissolve Marriage Under SMA After Wife Remarried, Flags “Perverse” Family Court Ruling
The Patna High Court has strongly criticised a Family Court's interpretation of the Special Marriage Act as “perverse”, and in a significant development, invoked the doctrine of frustration to dissolve a marriage, holding that courts must recognise reality where continuation of marital obligations has become impossible.A Division Bench of Justice Bibek Chaudhuri and Justice Chandra...
Uttering Caste Slurs At Factory Dispatch Door Accessed By Workers Falls Under 'Public View' Under SC/ST Act: Karnataka High Court
The Karnataka High Court has recently held that the dispatch door of factory premises, though not a 'public place', due to its accessibility to other workers in the premises, can very well fall within the definition of 'public view' as contemplated under Section 3(1)(r) of the SC/ST (Prevention of Atrocities) Act, 1989.The court thus said that in such a case Section 3(1)(r) SC/ST Act was...
