high court july round up


Police officer duty-bound to record reasons for arrest in writing: Allahabad High Court

In a writ petition preferred for quashing the First Information Report (‘FIR’) under Sections 3 read with Section 7 of the Essential Commodity Act, 1955 and for a direction to respondents not to arrest the accused/petitioner pursuant to aforesaid FIR, the division bench of Mahesh Chandra Tripathi and Prakash Padia, JJ. has said that a police officer is duty-bound to record the reasons for arrest in writing. The consequence of non-compliance with Section 41 shall certainly ensure to the benefit of the person suspected of the offence. Read More

Allahabad High Court orders immediate release of rape convict sent to jail in same crime after undergoing entire sentence

In an appeal against the Rajan Roy, J. has ordered for an immediate release of a rape convict, who was arrested and sent to jail last year in connection with the same crime for which he already underwent a 7-year sentence, 14 years ago. The Court noted that the appellant/convict has already completed the period of his sentence as awarded by the Trial Court vide judgment dated 08-10-2003 which was 7 years rigorous imprisonment and on completion of the said sentence, was released from Central Jail, Bareilly on 14-03-2009. Read More

Allahabad High Court directs State to specify steps taken towards providing women toilets, pure drinking water, fans etc. in police stations

In a Public Interest Litigation (‘PIL’) preferred for a direction to the State to provide basic amenities such as toiletries, pure drinking water, proper fans, dustbins, washrooms, restrooms etc. in the police stations in Prayagraj in view of privacy and dignity of women, the division bench of Mahesh Chandra Tripathi and Gajendra Kumar,JJ. directed the Under Secretary, Home, Government of U.P. to file an affidavit indicating therein the progress towards allotment of funds and other necessary steps, which were taken in the matter. Read More

[Adipurush Controversy] Allahabad HC directs IB Ministry to revisit issue by forming an expert committee; Seeks personal presence of Film Director and Dialogue writer

In two Public Interest Litigations (‘PILs’) seeking relief to direct the opposite parties to remove the objectionable dialogues and scenes from the Film ‘Adipurush’, which is depicting religious Gods and other icons and characters in disgusting and vulgar manner, thereby hurting the sentiments of public at large who worship those religious Gods / Icons, the division bench of Rajesh Singh Chauhan and Shree Prakash Singh, JJ. has directed the Ministry of Information and Broadcasting (‘IB Ministry’) to revisit the issue by constituting an expert committee within a week from the knowledge of this order, and to file the report of the committee along with the personal affidavit of the Secretary, IB Ministry, by the next date of listing. Further, it directed the Chairman, Board of Film Certification to file his personal affidavit apprising the Court as to whether the guidelines for certification of films for public exhibition have been followed in its letter and spirit while issuing certificate to the film. The Bench also directed the Director of the film, and the dialogues writer of the film to appear in person along with their personal affidavits explaining their bonafide. Read More


[In-service quota in NEET-PG 2023] Temporary service in rural/difficult areas cannot be counted: Bombay High Court

In a writ petition under Article 226 of Constitution of India by an MBBS doctor challenging rejection of permission to appear for National Eligibility cum Entrance Test for Postgraduate (‘NEET-PG 2023’) exam while he was entitled to the benefit of weightage of marks as an in-service candidate in NEET-PG 2023 after working in rural area for more than 3 years, the Division Bench of Mangesh S. Patil* and S.G. Chapalgaonkar, JJ. dismissed the same while holding that he was not entitled to the benefits claimed. Read More

Bombay High Court reprimands lawyers for degrading the legal profession by providing result-oriented services to ‘please the client’

In an application for bail for a matter involving offences under Sections 307 and 299 of Penal Code, 1860 (‘IPC’), S.G. Mehare, J. pointed out misconduct on part of the lawyers appearing for the applicant and the eyewitness and held the applicant’s conduct appropriate ground for rejecting the instant application for bail. Read More

Regularization of unauthorized construction beyond the purview of Section 56 of MRTP Act: Bombay High Court

In a batch of petitions under Article 226 and 227 of the Constitution of India pertaining to construction raised in the premises of Agricultural Produce Market Committee (‘APMC’) and orders of demolition/removal passed by the Municipal Corporation, Nitin W. Sambre and S.G. Chapalgaonkar*, JJ. refused to interfere with the said order and directed the authorities to take necessary steps for removal of illegal, unauthorized construction/encroachments raised in area of open spaces earmarked in sanctioned lay out plan. Read More

Complaint lacks specific averments to fasten vicarious liability of Company Directors; Bombay High Court quashes order against Raymond CMD

In an application questioning the correctness of order dated 19-05-2014 passed by Judicial Magistrate First Class (‘JMFC’) to issue process for offences under Sections 18(1), 49 and 36(1) of the Legal Metrology Act, 2009 (‘LM Act’) read with Rule 18(1) and 24 of Legal Metrology (Packaged Commodities) Rules, 2011 (‘LM Rules’), G.A. Sanap, J. quashed and set aside the said order holding that specific averments were required in the complaint regarding their role in conducting business of the company to fasten vicarious liability on Directors. Read More

[Section 15 of JJ Act] Inquiry for trying a juvenile as an adult must be conducted in a transparent and fair manner: Bombay High Court

In an application challenging the judgment and order dated 13-01-2020 passed by the Additional Sessions Judge dismissing appeal against the order passed by the Juvenile Justice Board (‘JJB’) allowing trial of juveniles in conflict with law as adults in a heinous crime, G.A. Sanap, J. quashed and set aside the said order while eyeing at procedural lapses on part of the Juvenile Justice Board during inquiry under Section 15 of Juvenile Justice Act, 2015. Read More


West Bengal Panchayat Election 2023: Central Forces to be deployed for 10 more days post elections due to apprehension of post-poll violence: Calcutta HC

While hearing series of contempt applications, a Division bench comprising of TS Sivagnanam, CJ., and Uday Kumar, J., directed the extension of deployment of Central Forces in the State of West Bengal for a period of ten days from the date on which the results of the elections are declared, after taking into account the apprehension of the petitioners regarding the post-poll violence which appears genuine. Read More

West Bengal Panchayat Elections 2023: Calcutta High Court upholds Single bench’s order quashing NHRC order appointing ‘Special Human Rights Observer’

A Division Bench comprising of T.S. Sivagnanam, CJ., and Hiranmay Bhattacharyya, J. upheld Single bench’s order of quashing National Human Rights Commission’s (NHRC) order appointing ‘Special Human Rights Observer’ for upcoming West Bengal Panchayat Elections and held that the same amounts to encroaching the jurisdiction of the West Bengal State Election Commission (SEC). Read More

[West Bengal Panchayat Election 2023] Calcutta High Court passes an interim order to stay CBI probe in nomination paper tampering case

A Division bench comprising of Arijit Banerjee and Apurba Sinha Ray, JJ., stayed the direction for CBI inquiry regarding the allegation of tampering with the nomination papers filed for upcoming W.B. Panchayat Elections by the Panchayat Returning Officer. Read More


Delhi High Court dismisses PIL challenging method of empanelment of Government Advocates by calling it a ‘Publicity Interest Litigation’

A petition was filed under Article 226 by the petitioner who is an Advocate and seeks to challenge the method of empanelment of Advocates to represent the Union of India contending that the size of the panel to represent the Government of India is not fixed and the Government does not invite applications for appointment or renewal of the panel and that the appointment of Advocates as Government Counsel is contrary to the law. A division bench of Satish Chandra Sharma and Subramonium Prasad, JJ., dismissed PIL and held that no public interest is involved in the present petition but benefits the petitioner to settle his personal score. Read More

Delhi High Court directs Indian Coast Guard to make a seat available to the non-merit candidate in the interest of justice

A petition was filed by the petitioner against the reply/rejection dated 27-12-2022 written by the respondents, whereby the petitioner’s candidature for appointment to the post of Assistant Commandant (General Duty) in Indian Coast Guard was canceled. A division bench of Suresh Kumar Kait and Neena Bansal Sharma, JJ., directed the respondents to consider the case of the petitioner for appointment with 02/2023 batch, but having the seniority and consequential benefits of 01/2023 batch and in case no vacancy is available, respondents are directed to create one seat for petitioner with 01/2023 batch. Read More

Delhi High Court dismisses PIL seeking quashing of RBI notification regarding withdrawal of 2000 banknotes from circulation

In a PIL filed by the petitioner seeking an appropriate writ, order or direction for quashing the notification issued by the Reserve Bank of India vide press release dated 19-05-2023 and all other subsequent notifications whereby the RBI has taken arbitrary unreasonable decision to withdraw the Rs. 2000 denomination banknotes from circulation under the clean note policy. A division bench of Satish Chandra Sharma, CJ., and Subramonium Prasad, JJ., held that the RBI was well within its power to issue the Notification as it is only a direction to the banks not to issue Rs. 2000 banknotes which is well within the right of the RBI. Read More

Delhi High Court restrains Glemark Pharmaceuticals from using “INDAMET” mark; grants injunction to Sun Pharma for its mark “INSTAMET”

In a case wherein Sun Pharma Laboratories Ltd. (‘Sun Pharma’) and Glenmark Pharmaceuticals Ltd. (‘Glenmark’), the two giants of the pharmaceutical industry in India were contesting their right to use drug names “ISTAMET” and “INDAMET” (‘impugned mark’), respectively, which Sun Pharma found to be deceptively similar and confusing, a Single Judge Bench of Sanjeev Narula, J.*, opined that “INDAMET” mark was deceptively similar to “ISTAMET” mark, both structurally and phonetically. Thus, the Court directed that during the pendency of this suit, Glenmark, including any parties acting on their behalf, were restrained from manufacturing, offering for sale, selling, displaying, advertising, marketing, directly or indirectly, any medicinal/pharmaceutical preparations bearing the impugned mark, “INDAMET” or any other mark which was identical/ deceptively similar to Sun Pharma’s registered mark “ISTAMET XR CP”. Read More

‘Order punishing doctor for falsification of record must be precise and exact’; Delhi High Court sets aside order by Medical Council

In a writ petition filed under Article 226 of Constitution of India by a practicing radiologist challenging order dated 20-03-2010 issued by the Ethics Committee of Medical Council of India (‘MCI’) directing temporary removal of the petitioner’s name from the Indian Medical Register, C. Hari Shankar, J. set aside the said order since the doctor was never given a chance to plead against falsification of record but medical negligence, which the petitioner had already been discharged of by MCI. Read More

‘Did not fulfil statutory criteria’; Delhi High Court dismisses plea for continuing MD course after the expiry of prescribed “span period”

The questions involved herein were (a) whether the petitioner, who after completing more than two years of the three years M.D. (Radiodiagnosis) course, left the same to join Indian Revenue Service (Income Tax) could be allowed to complete his MD course after the expiry of “span period” prescribed for completing the same, and (b) whether the petitioner was entitled to the benefit of “centenary chance” offered by the University of Delhi (‘University’) to all its students who could not complete their degree. A Single Judge Bench of Vikas Mahajan, J.*, opined that the petitioner could not claim any right to complete the MD course beyond the prescribed span period, in the absence of any provision to relax the same. Further, the Court held that the University was justified in not permitting the petitioner to avail the centenary chance examination, as he did not fulfil the statutory criteria prescribed under the Post-Graduate Medical Regulations, 2000 (‘Regulations’). Read More

Delhi High Court denies bail to former Deputy Chief Minister Manish Sisodia in Delhi Liquor Excise Policy Scam

In a case wherein this Court was considering the bail application of the petitioner, Manish Sisodia, who was arrested for the offence under Section 3 of the Prevention of Money Laundering Act, 2002 (‘PMLA’), a Single Judge Bench of Dinesh Kumar Sharma, J.*, opined that in view of the high political positions held by the petitioner and his position in the party in power in Delhi, possibility of influence the witnesses could not be ruled out. The Court further opined that the petitioner had not only been able to pass the twin conditions as provided under Section 45 of PMLA, but he had also not been able to cross the triple test. Thus, the Court dismissed the present petition and held that the petitioner was not entitled to bail. Read More

Dishonour of Cheque: Delhi High Court sets aside summon order due to lack of specific allegations against directors in the complaint

The petitions were filed under Section 482 of Criminal Procedure Code (CrPC) seeking quashing of summon orders dated 08-03-2017 passed by the Metropolitan Magistrate, District Courts, in respective complaints seeking prosecution of the petitioners under section 138 Negotiable Instruments Act, 1881. Anup Jairam Bhambhani, J., quashed the summoning orders and sets aside all the proceedings arising from the summoning orders insofar as they relate to the petitioners. Read More


[2002 Godhra Riots] Gujarat HC rejects Regular Bail plea of Civil Rights Activist Teesta Setalvad

In an application filed under Section 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) by activist Teesta Atul Setalvad/applicant, wherein she was seeking regular bail in respect of First Information Report (‘FIR’) for offences punishable under Sections 468, 469, 471, 194, 211, 218 and 120-B of the Penal Code, 1860 (‘IPC’), the Single Judge Bench of Nirzar S. Desai, dismissed the application for regular bail and directed Teesta Setalvad to surrender immediately. Read More


Muck Dumping case: Himachal Pradesh High Court directed to initiate appropriate disciplinary action against responsible officials

While feeling shocked over the fact that there are five of the illegal dumping sites are in the catchment areas, a division bench comprising of M.S. Ramachandra Rao, CJ., and Ajay Mohan Goel, J., directed the Engineer-in-Chief, HPPWD to identify the responsible officials and initiate appropriate disciplinary against them. Read More

[Luhri Hydroelectric Project] Himachal Pradesh HC directs DLSA to submit report of muck dumping and damage caused to rock above village Narola

In a writ petition concerning muck dumping the division bench of M.S. Ramachandra Rao C.J. and Ajay Mohan Goel J. has directed Secretary, District Legal Service Authority (‘DLSA’) to visit the spot and submit a report of muck dumping along with the damage caused to the rock above village Narola. Further, directed Registrar of the IIT Roorkee to provide Geology teaching faculty for inspecting the site in question. Read More

District Court must examine whether pre-deposit of 75% of award under Section 19 of the MSME Act is actually deposited: Himachal Pradesh High Court

A single bench comprising of Jyotsna Rewal Dua,* J., held that the District Judge should first examine whether the 75% of the award amount is actually deposited before allowing an application preferred under Section 19 of the Micro, Small and Medium Enterprises Development Act, 2006 (MSMD Act). Read More

Himachal Pradesh HC seeks response from Union on its intention to ensure that NHAI officials do not permit muck dumping in forest areas and water bodies

In a writ petition filed against the illegal dumping of muck in the forest area by the contractors of National Highways Authority of India (‘NHAI’), a division bench of M.S. Ramachandra Rao CJ. and Ajay Mohan Goel J. has impleaded Union of India as respondents, seeking response as to what it intends to do to ensure that the officials of NHAI do not permit muck dumping either in the forest areas of the State or water bodies and for removal of the muck already dumped by their contractors. Read More

Himachal Pradesh High Court Dismisses Petition challenging Prescribed Age Limit for appointment of Assistant District Attorneys

While hearing a batch of Civil Writ Petitions, wherein, the petitioners were seeking to declare Clause-6 of the Himachal Pradesh Prosecution Department, Assistant District Attorney, Class-I (Gazetted), Recruitment and Promotion Rules, 2017 (‘the Rules, 2017’) as ultra vires of the Constitution of India, the Division bench of Tarlok Singh Chauhan, Satyen Vaidya*, JJ., the Court dismissed the petitions and said that there was nothing arbitrary, discriminatory or illegal in the action of the respondents. Read More

Mother is entitled to Custody of Minor Children after Father’s death, unless declared incompetent or disentitled: Himachal Pradesh HC

In a petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C’), against the Order of the Sub-Divisional Magistrate, Nalagarh, wherein it was held that the respondent 1/ mother, being the legal guardian of her minor sons was entitled to their custody, the Single Judge Bench of Vivek Singh Thakur*, J., dismissed the petition and granted the custody of the two minor children to their mother. Read More

Selection of Auditors for Cooperative banks: Himachal Pradesh High Court upholds NABARD’s guidelines

In a writ petition filed challenging the guidelines issued by National Bank for Agriculture and Rural development (‘NABARD’) for the selection of statutory auditors for cooperative banks, a division Bench of M.S. Ramachandra Rao CJ. and Ajay Mohan Goel J., dismissed the petition and upheld the guidelines issued by NABARD, as the conditions imposed were reasonably relevant and had rational nexus with the functions and duties attached to the post of auditors. Read More


Does harassment of wife due to sarcastic remarks attracts penal provisions for abetment to suicide per se? J&K and Ladakh HC answers

While deciding the instant appeal wherein the Court had to determine that whether the husband was guilty of instigating or intentionally aiding the victim to commit suicide; the Bench of Rajesh Sekhri, J.*, opined that mere harassment of a wife by her husband or in-laws due to matrimonial discord or sarcastic remarks per se does not attract Section 306 of Ranbir Penal Code. Read More


“Wife is not supposed to sit idle and seek entire maintenance from her husband”; Karnataka HC rejects petition challenging reduction of maintenance

While considering the instant revision petition challenging the reduction of maintenance granted to the petitioner-wife; the Bench of Rajendra Badamikar, J.*, rejected the petition and taking note of the facts stated that the petitioner-wife is not supposed to sit idle and seek entire maintenance from her husband and she is also legally bound to make some efforts to meet her livelihood and can seek only supportive maintenance from her husband. Read More

Gender cannot be a ground for bail when the alleged offence is grave in nature; Karnataka High Court dismisses bail petition

While deliberating over the instant petition seeking to enlarge the petitioner on bail in a murder case, the Bench of Mohammad Nawaz, J.*, dismissed the petition noting that there is a prima facie case against the petitioner. It was further noted that the offence alleged is grave in nature; therefore, merely because the petitioner is a woman is not a ground to enlarge her on bail. Read More


Objective of Section 125 CrPC to ameliorate sufferings of destitute wives, children; technicalities have no place in maintenance cases: Kerala High Court

In a petition challenging order passed by the Family Court allowing application for amendment in pleadings in an ongoing Maintenance Case filed by the petitioner’s wife and minor child, V.G. Varun, J. dismissed the instant petition with the opinion that the objective of Section 125 CrPC is to ameliorate the sufferings of destitute wives and children, and that technicalities have no place in maintenance cases. Read More

‘Employee had no role in drawing excess amount in increment’; Kerala High Court upholds KAT order restricting any recovery of excess pay

In a petition challenging the order and judgment dated 7-11-2017 passed by the Kerala Administrative Tribunal (‘KAT’) allowing challenge against recovery of excess pay and holding that no recovery can be made, Alexander Thomas and C. Jayachandran*, JJ. upheld the said order and expressed that the respondent lacked any knowledge that the amount being paid to her was more than what she was entitled to. Read More


POCSO| Madhya Pradesh High Court urges Centre to decrease the age of consent of the prosecutrix from 18 years to 16 years for sexual offences

A single bench comprising of Deepak Kumar Agarwal,* J., held that in the present case the prosecutrix was physically and mentally developed and therefore could make conscious decisions with regards to her well-being. Read More

Temporary Appointees cannot claim regularization based on past performance or long service: Madhya Pradesh High Court

In a matter related to non-renewal of contract of a contractual employee on account of unsatisfactory performance, a Single bench comprising of Sanjay Dwivedi,* J., held that “claiming regularization on the basis of past performance and long service is not proper because the order of appointment is very specific that the appointment of the petitioner was purely on temporary basis and was coterminous with the project.” Read More


Madras HC split verdict in Habeas Corpus plea filed by Senthil Balaji’s wife against his arrest by ED: Decoding Justice Nisha Banu’s opinion

In a habeas corpus petition filed by Megala, wife of V Senthil Balaji, Minister for Electricity, Prohibition & Excise, Tamil Nadu against his arrest by the Directorate of Enforcement (‘ED’) for money laundering in cash for job scam case, the division bench of J Nisha Banu and Justice Bharatha Chakravarthy, JJ. delivered a split verdict. Further, placed the matter before the Chief Justice for further orders. Read More

Madras High Court directs State Transport Corporation to reinstate bus conductor terminated due to non-issuance of ticket

In a writ petition filed to quash an order passed by the Tamil Nadu State Transport Corporation (‘TNSTC’), wherein the corporation terminated petitioner’s services considering the earlier charges for which the petitioner was already punished; and to quash the same as illegal, arbitrary and capricious. Further, to direct TNSTC to reinstate the petitioner with continuance of service and backwages with attendant benefit and to provide employment as per the provisions of law, P.B. Balaji, J. while quashing the impugned order , directed TNSTC to reinstate the petitioner with continuance of service and back wages together with all attendant benefits within a period of six weeks from the date of receipt of this order. Read More

Madras HC split verdict in Habeas Corpus plea filed by Senthil Balaji’s wife against his arrest by ED: Decoding Justice D. Bharatha Chakravarthy’s opinion

In a habeas corpus petition filed by Megala, wife of V Senthil Balaji, Minister for Electricity, Prohibition & Excise, Tamil Nadu against his arrest by the Directorate of Enforcement (‘ED’) for money laundering in cash for job scam case, the division bench of J Nisha Banu and Justice Bharatha Chakravarthy, JJ. delivered a split verdict. Further, placed the matter before the Chief Justice for further orders. Read More

Read why Madras High Court stayed Single Judge’s order directing Madras Bar Association to pay Rs. 5 lakh compensation for discriminating against non-member

In an appeal against the order dated 22-06-2023 passed in Elephant G. Rajendran v. The Registrar General, 2023 SCC OnLine Mad 4095 by the Single Judge, for seeking stay of operation of the said order, the division bench of S.S. Sundar* and K. Rajasekar, JJ., has stayed the Single Judge’s order directing the Madras Bar Association to pay compensation of Rs. 5 lakhs, after an Advocate was prevented from drinking water from Madras Bar Association premises, on the ground that he was not a member of the MBA. Read More

Classic case of lethargic attitude of bureaucrats in India; Madras HC directs DGP to examine representation by Inspector for release of salary

In a writ petition filed to direct the Director General of Police (‘DGP’) to release the salary and benefits, which has to be paid to the petitioner in the interest of justice, Battu Devanand, J. has held that the DGP has failed to discharge his duty to consider and pass appropriate orders on the representation submitted by the petitioner, which is illegal, unjust, arbitrary, irrational and violation of Article 21 of the Constitution of India. Thus, the Court directed the DGP to examine the representation dated 14-12-2019 submitted by the petitioner and take appropriate action within a period of one week from the date of this order. Read More

Sensitise all PPs across the State to deal with final reports, placed before them for scrutiny, at the earliest; Madras HC directs Director of Prosecution

In an appeal, the division bench of M.S. Ramesh and N. Anand Venkatesh*, JJ. has reiterated that the final report placed for scrutiny before the Public Prosecutor (‘PP’) is not for the purpose of getting an opinion from the PP and this procedure should be adopted only to ensure that the final report is filed before the Court in an effective manner and is legally sustainable. It is not necessary that this procedure has to be adopted in all cases and it can be restored to serious crimes. Thus, the Court directed the Director General of Police, Tamil Nadu (‘DGP’) to issue a clarificatory Circular. Read More


50-60 % Power shortage completely unacceptable; Meghalaya HC pulls up State for inadequate supply of electricity

In a public interest litigation petition filed against the rampant power cuts and arbitrary load-shedding resorted to by the State of Meghalaya, the Division Bench of Sanjib Banerjee, CJ., and W. Diengdoh, J., said that the 50-60 percent shortfall in supply of electricity was unacceptable in this day and age where both business and domestic life almost come to a standstill without the availability of electricity. Read More

Meghalaya High Court quashes plea of a Military engineer against her transfer order on the grounds of her minor children

In a civil writ petition filed by an employee (‘petitioner’) in the Military Engineer Services against her transfer order on the grounds that she has two minor children, the Division Bench of Sanjib Banerjee*, CJ. And W. Diengdoh, J., dismissed the petition and said that there was no merit in the petition and no cogent grounds to resist the order of transfer were made out. Read More


Orissa HC upholds conviction of a Tantrik for Raping and Trafficking Minor Girl

In an appeal against the Judgment of the Trial Court, whereby, the appellant was found guilty of the offences punishable under Sections 366, 376(2)(n), 370-A and 506 of the Penal Code, 1860 (‘IPC’), the Single Judge Bench of S.K. Sahoo, J., upheld the impugned Judgment of the Trial Court. Read More

Orissa HC quashes Criminal Proceedings against OTV Journalist Accused of Dissuading Public from Availing Covid 19 Treatment

In a criminal petition filed under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C’), wherein the Input Editor (‘petitioner’) in Orissa Television Ltd. (‘OTV’) was seeking to quash the criminal proceedings pending against him in the Court of Sub-Divisional Judicial Magistrate (‘S.D.J.M’), Bhubaneswar under Sections 269, 270, 120-B and 505(1)(b) of the Penal Code, 1860 (‘IPC’) read with Section 52 of the Disaster Management Act, 2005, the Single Judge Bench of Dr. S. Muralidhar*, CJ., allowed the petition and quashed the proceedings against the petitioner. Read More


‘Trial Court got swayed by crime of patricide’; Punjab and Haryana High Court acquits daughter in 20-year-old case

In a Criminal Revision Petition challenging judgment dated 12-03-2007 dismissing appeal against Juvenile Justice Board’s judgment dated 22-07-2005 convicting and sentencing the petitioner for offences under Section 302 of Penal Code, 1860 (‘IPC’) and Section 25 of Arms Act, Aman Chaudhary, J. set aside both the judgments while highlighting ‘yawning gaps’ in the evidence. Read More

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