Trending
Subsequent Ratification By Police Establishment Board Can Cure Prior Procedural Defect In Police Transfer Order: Karnataka High Court
A Division Bench of the Karnataka High Court comprising Justice D K Singh and Justice H.Shanthi Bhushan held that a transfer order issued without prior approval of the Police Establishment Board can be cured by subsequent ratification, and a transfer before completion of the minimum tenure is not illegal if approved by the competent authority. Background Facts The petitioner was working as a Police Inspector at Pulakeshinagar Police Station. The respondent was working as a Inspector...
Independent Title Claim Doesn't Make Person Necessary Party In Small Causes Eviction Suit: Allahabad High Court
The Allahabad High Court has held that a third person asserting an independent title over a rented property does not become a necessary or proper party to an eviction suit before the Small Causes Court only because that title clashes with the landlord's. It held that impleadment under Order I Rule 10 of the Code of Civil Procedure, 1908 cannot be used to carry a separate title dispute into a...
Arrest Safeguards: High Court Seeks Affidavits From Punjab, Haryana, Chandigarh On Compliance With SC Directions On S.41A CrPC
The Punjab and Haryana High Court, in a batch of contempt of court petitions concerning alleged non-compliance with safeguarding against illegal arrests, has directed the Director Generals of Police and Chief Secretaries of Punjab, Haryana and the Union Territory of Chandigarh to file affidavits detailing compliance with the Supreme Court's directions in Satender Kumar Antil v. CBI on standing orders for arrest procedure under Sections 41 and 41-A of the Cr.P.C.Justice Sudeepti Sharma said, "the...
'Wisdom Teeth, Pubic Hair Cannot Establish Girl Was Minor': Allahabad High Court Acquits Man In Kidnapping Case
The Allahabad High Court has acquitted a man convicted under Section 366 IPC in a 2011 kidnapping case, holding that the prosecution failed to establish that the prosecutrix was a minor on the date of the incident.A Bench of Justice Subhash Vidyarthi held that the absence of third molars (wisdom teeth) could not be made a basis for holding that a person had not attained 18 years. The court added that the mere presence of axillary and pubic hair could not lead to an inference that the same were...
Sec 147A Income Tax Unconstitutional| Legislature Cannot Substitute Its Opinion Over Findings Of Constitutional Courts: P&H High Court
In a batch of over 500 writ petitions, Division Bench holds Section 147A, inserted with retrospective effect from 01.04.2021 to validate JAO-issued reassessment notices —failed to remove the actual defect identified by nine High Courts, since Section 151A and the faceless-allocation scheme dated 29.03.2022 continue to exist unamended on the statute book; also independently quashes the impugned Section 148 notices for not being issued through randomized automated allocation
General Allegations Of Domestic Harassment Must Have Direct Nexus With Suicide To Prosecute For Abetment: Kerala High Court
The Kerala High Court has held that a prosecution for abetment of suicide under Section 306 of the Indian Penal Code cannot be sustained against a relative merely on the basis of general allegations of domestic discord, harassment or insulting words, unless the materials disclose the requisite mens rea and a direct or proximate nexus between the accused's conduct and the suicide.[2026 LiveLaw (Ker) 498]Justice Jobin Sebastian made the observation while allowing a criminal miscellaneous case in...
Calcutta High Court Restrains Authorities From Acting On Fire Dept's Notice To Vacate TMC's Camac Street Office Over Alleged Lapses
The Calcutta High Court on Thursday restrained the authorities from acting upon a notice issued by the Fire and Emergency Services Department directing the vacation of certain portions of the Trinamool Congress (TMC)'s Camac Street office over alleged fire safety violations.Justice Krishna Rao was hearing a petition filed by the TMC challenging the notices issued by the Fire Department following a fire safety audit of the building.Senior Advocate Kishore Dutta, appearing for the TMC, challenged...
Loud Shouting Between Two Persons On Street Doesn't Make Out Cognizable Offence: Bombay High Court Quashes FIR
The Bombay High Court has held that merely shouting loudly at each other on a public street, without any other specific allegation, does not make out a cognizable offence under Section 85(1) of the Maharashtra Prohibition Act, 1949. The Court observed that apart from the allegation that the accused were shouting at each other loudly, there was no allegation of obscenity, depravity or moral offensiveness.Justice Milind N. Jadhav was hearing an application filed by two accused persons seeking...