High Court weekly Roundup


Cruelty and Desertion mutually exclusive; Once cruelty is proved, divorce should be granted irrespective of proof of desertion: Allahabad HC

In an appeal filed under Section 19(1) of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 (‘HMA’) filed by the husband against the judgment and decree passed by the Family Court, whereby the suit filed by the husband under Section 13 of the Hindu Marriage Act, 1955 for dissolution of marriage was dismissed and suit filed by the wife under Section 9 of HMA for restitution of conjugal right was decreed in favour of the wife, the Division Bench of Rajan Roy and Om Prakash Shukla*, JJ. while setting aside the impugned judgment, held that once cruelty was proved, the suit for divorce had to be decreed and the suit of the wife had to be dismissed, subject of course to the provision of Section 13A of Act, 1955, but the Family Court has erred on facts and law by not doing so. Read more

Can a writ of habeas corpus be issued in matters of child custody? Allahabad HC explains

In a habeas corpus petition filed by a mother, seeking custody of her minor daughter, Dr. Yogendra Kumar Srivastava, J., granted the mother’s request for custody and said that although a writ of habeas corpus would not ordinarily apply to matters relating to custody, as the usual remedy lies under statutory or personal law, it can be issued in cases warranting the exercise of extraordinary discretionary jurisdiction under Article 226 and that such a writ can be allowed when it is shown that the minor child’s detention is illegal or without legal authority. Read more

Allahabad High Court Requests State Government to frame Insurance scheme for State Law Officers practicing in UP

In a public interest litigation (‘PIL’) filed by a practising advocate of the Allahabad High Court seeking disbursement of funds to meet the expenses for the treatment of a severally injured State Law Officer, a Division Bench of Rajan Roy and Om Prakash Shukla, JJ., noted the absence of any scheme covering insurance of lawyers in case of a mishappening and requested the State Government to formulate some insurance scheme may be a Group Insurance Scheme for the lawyers appearing for the State Government throughout the State of U.P., including before the High Court. Read more

What is the extent of powers of amendment of pleadings in proceedings under Domestic Violence Act? Allahabad HC answers

In a petition filed by the father of the husband (petitioner) against the orders passed by the Judicial Magistrate, and Additional Sessions Judge, wherein the Courts allowed the application seeking an amendment in the relief clause of an earlier application filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (‘DV Act’), Dr. Y.K. Srivastava, J. while upholding the impugned orders, said that proceedings before the Magistrate relating to reliefs claimed under Chapter IV of the D.V. Act are of a civil nature, thus the power to amend the complaint/application would have to be read in relevant statutory provision as a necessary concomitant. Further, the Court reiterated that there can be no complete or absolute bar in seeking amendment even in complaints before criminal courts which are governed by CrPC, although the power to allow such amendment would have to be exercised with due caution and sparingly, in appropriate circumstances. Read more

‘Annoyance to others’ a prerequisite to invoke offence under Section 294 of IPC; Allahabad HC quashes criminal case

In an application under Section 482 Code of Criminal Procedure, 1973 (‘CrPC’) to quash the summoning order issued by the Civil Judge, Senior Division (F.T.C.), Unnao (‘the Civil Judge’), on the ground that his arrest and subsequent legal proceedings were marred by procedural and substantive irregularities, leading to a false implication, Shamim Ahmed, J., held that mere performance of obscene or indecent act is not sufficient and there must be proof to establish that it was to the annoyance of others, thereby annoyance to others is essential to constitute an offence under Section 294 of the Penal Code, 1860 (‘IPC’). Read more


‘Will serve the purpose of speedy justice’; Bombay HC directs District Courts to mandatorily award interest on maintenance amount payable by husbands/fathers

The applicant challenged the judgment and order passed by the Family Court, Aurangabad (‘the Trial Court’) wherein the application for cancellation of maintenance was rejected. Sanjay A. Deshmukh, J., opined that the trial court had rightly concluded and enhanced a just and reasonable amount of maintenance to the respondents. The Court held that the District Courts were expected to award interest on the amount of maintenance, so that the weaker sections of the society would get their maintenance amount expeditiously. Read more


Delhi High Court denies bail to Amandeep Singh Dhall in Liquor Excise Policy Scam case

In a bail application under Section 439 of the Code of Criminal Procedure, 1973 filed on behalf of applicant-Amandeep Singh Dhall for regular bail, a Single Judge bench of Swarana Kanta Sharma, J. considering the seriousness of the allegations and the fact that an FIR already stands registered against Amandeep Singh Dhall for paying bribe to an officer of Enforcement Directorate for getting his name removed from the present case, the Court held that it did not find any grounds for the grant of bail to Amandeep Singh Dhall. Read more

Delhi HC dismisses PIL challenging appointment of National Small Industries Development Corporation’s Chairman

In a present Public Interest Litigation (‘PIL’) filed for seeking relief of quo warranto qua the appointment of respondent 4 as Chairman-cum-Managing Director of National Small Industries Development Corporation Ltd. (‘NSIDC’), the Division Judge Bench of Manmohan Acting C.J.* and Manmeet Pritam Singh Arora. J., while dismissing the writ petition on having no merits, held that only non-appointees can assail the legality of the appointment of extension procedure. Read more

Delhi HC directs State to file an Action Taken Report after seven new-born babies die in a fire at Baby Care New Born Hospital

In a Public Interest Litigation (‘PIL’) addressing a severe lapse in fire safety norms which led to a tragic incident at the ‘Baby Care New Born Hospital’ in Vivek Vihar, New Delhi, leading to the death of seven new-borns, the Division Bench of Manmohan, ACJ. and Manmeet Pritam Singh Arora, J., directed the State and its authorities to treat the PIL as a representation and to decide it by way of a reasoned order in accordance with law. Further, the Court mandated Respondents 1 and 2 to file an Action Taken Report (‘ATR’) within eight weeks. Read more

‘No Work No Pay’ Principle inapplicable in Illegal Termination case; Delhi High Court quashes Delhi School Tribunal order

In a petition to quash the impugned orders dated 22-04-2019, 18-09-2019, 10-01-2020, and 22-09-2021 passed by the Delhi School Education Department wherein the salary of the petitioner was suspended and qualifications leading to appointment were questioned, a Single Judge Bench of Tushar Rao Gedela, J. quashed and set aside all impugned orders while holding that the petitioner was entitled to all back wages along with consequential benefits and that the principle of no work no pay had no basis to stand on in the present matter. Read more

[MPLADS Funds] ‘Central Information Commission has no jurisdiction to comment adversely upon the functioning of any public authority’; Delhi HC eschews CIC’s order

In a petition filed by the Union of India through the Ministry of Statistics and Programme Implementation to challenge the orders dated 16-09-2018 and 16-10-2018 passed by the Central Information Commission (‘CIC’), a Single Judge Bench of Subramonium Prasad, J., held that the impugned order stood eschewed to the extent of observations made by the CIC regarding the utilization and abuse of the MPLADS funds by the Members of Parliament (‘MPs’). Read more

Will personal right of action survive by transfer to legal heir upon original plaintiff’s death? Delhi HC answers

In a civil revision petition challenging the order of the Trial Court, that had allowed an application under Order XXII Rule 3 of the Code of Civil Procedure, 1908 (‘CPC’) for permitting the respondent to be impleaded as the plaintiff in place of his deceased father, Dharmesh Sharma, J., held that personal right of action extinguished upon death of plaintiff and is not heritable or transferable. Read more

Delhi High Court quashes reassessment proceedings against Progress Rail Locomotives

In a writ petition filed to challenge notice sent by the respondent 1 under Section 148 of Income Tax Act, 1961 (‘the Act’), the Division Judge bench of Yashwant Varma*, Purushaindra Kumar Kaurav, JJ., while allowing the writ petition, quashed the impugned notices under Section 148 of the Act dated 28-03-2019, 29-04-2019, 31-05-2019. The order dated 05-11-2019 passed by the respondent 4 transferring the jurisdiction of the Permanent Account Number (‘PAN’) of the petitioner from the fourth to the respondent 1 was also quashed. The Court further directed respondent to revert the PAN to the jurisdictional Assessing Officer (‘AO’) of the petitioner. The Court Stated that, “This order, however, shall be without prejudice to the respondents to independently examining whether the office of the petitioner in the Delhi Circle constitutes a Permanent Establishment (‘PE’). Read more

Delhi High Court grants injunction against rogue websites peddling false articles on Anant Ambani Interview with CNBC-TV18

A suit was filed by Network18 Media & Investments Limited (plaintiff seeking inter-alia permanent injunction restraining the infringement of their intellectual property rights i.e., copyright in cinematograph film (the video of an interview), trademarks as well as personality rights- which are being infringed by various rogue websites (Defendant No.1-8 working/operating in conjunction with Defendant No. 9 and 10). Sanjeev Narula, J., restrained defendants 1-8 from infringing Plaintiff No. 1 and 2’s TV18 marks and copyright in plaintiff 6’s interview and passing off Plaintiff No. 1 and 2’s mark as well as violating Plaintiff No.6’s personality rights in plaintiff 6’s interview. Read more

Central Council of Homeopathy is ‘Industry’ as per Industrial Dispute Act: Delhi HC upholds reinstatement of compulsorily retired workman

In a petition filed under Article 226 of the Constitution seeking to quash the order dated 15-05-2006 passed by the Presiding Officer, Central Government Industrial Tribunal (‘the Tribunal’), a Single Judge Bench of Chandra Dhari Singh, J. upheld the order while holding that the petitioner was within the ambit of “Industry” as defined in Section 2(j) of the Industrial Disputes Act, 1947 (‘Act’) and that he had acted in contravention of Section 33 of the Act. Read more

‘Process might not complete within fixed timeline’; Delhi HC dispenses with the direction to capture biometric of advocates/registered clerks for issuance of proximity/identity cards

In a batch of petitions filed by the applicant seeking modification/clarification of Paragraph 35(11.17)(iv) of the judgment dated 19-03-2024 passed by this Court for treating law researchers as bona fide advocates and allowing them to cast their vote in the elections of the Bar Associations of which they are members of, a 3-Judge Bench comprising of Manmohan, ACJ, Rajiv Shakdher, and Suresh Kumar Kait, JJ., allowed the application and dispensed the timeline stipulated for capturing biometrics for the issuance of identity cards. Read more

“Allowing private shrines on public land will be disastrous”; Delhi High Court dismisses petition to demarcate alleged Shrine Land on Yamuna Floodplain

In a petition filed for issuance of direction to the Deputy Commissioner/District Magistrate, District Central, Delhi (‘District Magistrate’), to demarcate the land of the petitioner, while referring to Section 28 of the Delhi Land Revenue Act, 1954, a Single Judge bench of Dharmesh Sharma, J. dismissed the petition while saying that merely because the petitioner had been a cultivator for 30 years, no legal right, title or interest could be bestowed upon him to continue to occupy the subject property as the property is part of a larger public interest project under the Yamuna floodplain rejuvenation plans. Read more

Delhi HC directs DDA & MCD to frame rules on levy of charges for illegal encroachment on public land

In a writ filed by the petitioner seeking relief against the disturbance caused by the cafe’s loud music and its encroachment on public land, Rajnish Bhatnagar, J., while disposing the writ directed the Delhi Development Authority (‘DDA’) and the Municipal Corporation of Delhi (‘MCD’), the respondents herein, to formulate a mechanism or frame rules to levy charges on encroacher for illegal encroachment on public land. Read more

Delhi High Court dismisses petition seeking Guidelines for Suspended Insolvency Professionals by IBBI Disciplinary Committee

In a petition filed seeking a direction to the IBBI Respondent No.2, i.e. (‘IBBI’) to take appropriate steps against the Liquidator (respondent 4) and to establish appropriate guidelines for handling the conduct of suspended Insolvency Professionals. Subramonium Prasad*, J., exonerated respondent 4 from charges related to the non-refundable participation fees prescribed through several public announcements, however, was found guilty of paying excess fees to BDO Restructuring Advisory LLP. The Court further chose not to interfere with the IBBI’s findings on this charge but modified the suspension order to the period already served by the Liquidator. Read more

‘Purely a Publicity Interest Litigation’; Delhi High Court dismisses PIL seeking transparency in Judicial Appointment Process

A petition was filed by the petitioner under Article 226 to provide reason in detail for recommendation for High Court Judge appointment remitted by Supreme Court Of India Collegium to High Court Collegium, norms / qualification considered for High Court Judge appointment by Supreme Court Of India Collegium to High Courts Collegium, publish monthly data related to pending, disposal of recommendation by Supreme Court Of India Collegium for high Judge appointment and advise the administrative side of the Court to take such appropriate actions, as the Court deems fit under the circumstance. Subramonium Prasad, J., dismissed the petition and imposed costs of Rs.25,000/- on the Petitioner to be deposited with the Armed Forces Battle Casualties Welfare Fund within a period of four weeks from today. Read more

Will arbitration proceedings survive if mandate of arbitrator is terminated? Delhi HC answers

In a petition filed under Sections 14 and 15 of the Arbitration and Conciliation Act, 1996 (‘the Act’) seeking substitution of the sole arbitrator, Prathiba M. Singh, J., while appointing a new arbitrator, noted that the initial arbitrator’s mandate was terminated due to non-responsiveness and that termination of the arbitrator’s mandate would not culminate into termination of the arbitral proceedings. Read more

Bank cannot open Lookout Circular as an arm-twisting tactic’; Delhi HC quashes Circular issued by Union Bank of India to recover debt

In a petition filed under Article 226 of the Constitution to challenge a Lookout Circular (‘LOC’) which was opened against the petitioner at the request of Union Bank of India (respondent 3), a Single Judge Bench of Subramonium Prasad, J. quashed the LOC while analyzing the hindrance it causes in a person’s right to travel abroad and stated that a Bank cannot open a LOC against a person who was unable to pay, especially when there were no allegations that he was engaged in any fraud or in siphoning off or defalcation of the amounts given as loan. Read more

[Reservation for Disabled Persons] Delhi High Court directs Indian Nursing Council to address discrimination claim over Clause 8 in Nursing Regulations, 2020

In a Public Interest Litigation (‘PIL’) filed to challenge Clause 8 under ‘Admission Terms and Conditions’ of the Indian Nursing Council (Revised) Regulations and Curriculum for B.Sc. (Nursing Program) Regulations, 2020, being discriminatory and violating the Rights of Persons with Disabilities Act, 2016 (RPwD Act, 2016) as it reserves seats only for candidates with loco-motor disabilities of 40% to 50% of the lower extremity, thereby excluding candidates with other disabilities such as Muscular Dystrophy, Dwarfism, Acid Attack Victims, Low Vision, Hearing Impairment, Speech Disability, and Intellectual Disability., a Division Bench of Manmohan, ACJ* and Manmeet Pritam Singh Arora, J. directed the present writ petition be treated as a representation to the Indian Nursing Council (‘INC’) (respondent no. 3) and decide the inclusion of other disabilities, as per the law, for reservation in nursing courses. Read more

Delhi High Court refuses to entertain petition against NCDRC Order on territorial jurisdiction objection

A petition was filed challenging the judgment and order dated 05-04-2021 passed by the National Consumer Disputes Redressal Commission (NCDRC) relating to territorial jurisdiction. Subramonium Prasad, J., declined to entertain the writ petition on the same grounds of territorial jurisdiction. Read more


[Section 125 CrPC] Able bodied husband who can support himself is obligated to support his wife: Gauhati High Court

In a review petition filed under Sections 397/401 read with Section 482 of the Criminal Procedure Code, 1973 (’CrPC’) against an impugned judgement of the Principal Judge, Family Court, Nalbari (‘the Trial Court’), Malasri Nandi, J., held that where the husband is able to finally sustain himself, he is obligated to provide financial support to his wife as well. Read more

Confessional statement, not signed or proved by the Magistrate who recorded it, cannot be treated as true u/s 164 CrPC: Gauhati High Court

The present jail appeal was preferred under Section 374 of the Criminal Procedure Code, 1973 (‘CrPC’) challenging the impugned judgment and order dated 01-10-2004 passed by the Additional Deputy Commissioner (Judicial), Phek, Nagaland under Sections 302 and 376 of the Penal Code, 1860 (‘IPC’), whereby the petitioner-accused was convicted and sentenced to undergo imprisonment for life. Read more

Gauhati High Court directs State to specify steps taken to deal with water logging problem in Guwahati

The petitioner, North East Eco Development Society in the present Public Interest Litigation petition raised an issue regarding water logging in Guwahati city during the monsoon season. The Division Bench of Vijay Bishnoi, CJ., and Suman Shyam, J., granted ten days’ time to the respondents to file counter to the present petition. Read more

‘Accident took place due to driver’s negligence’; Gauhati HC sets aside order directing Railways to pay compensation

The present case was an appeal under Section 173 of the Motor Vehicles Act, 1988 challenging the judgment and order dated 19-07-2013 passed by the Motor Accident Claims Tribunal, Tinsukia (‘the Tribunal’). Parthivjyoti Saikia, J., held that the accident took place because of the driver’s negligence, therefore, the appellant-Union of India being represented by the NF Railways, Maligaon, was not liable to pay any compensation to the claimant-the deceased’s wife. Read more


Himachal Pradesh HC seeks status report on implementation of Chief Secretary’s directions on forest fire safety and water harvesting

The Division Bench of Ramachandra Rao, CJ., and Satyen Vaidya, J., noted the Action Plan Report indicating some of the proactive and mitigative steps taken by the State, opined that much more was needed to be done. Thus, the Court directed the respondents-State to file a status report regarding the extent to which the directions of the Chief Secretary, Himachal Pradesh given to all the Deputy Commissioners and Departments in the State were implemented, on the next date of hearing. Read more


J&K and Ladakh HC takes stern note of “copy-paste UAPA arguments” highlighting internal security instead of focusing on specific material against an accused

While considering the instant appeal challenging the impugned order rejecting the appellant’s bail application for offences inter alia, under Sections 13(1)B, 18, 20, 23, 40 of the Unlawful Activities (Prevention) Act (UAPA Act), the Division Bench of Atul Sreedharan* and Mohammad Yousuf Wani, JJ., took strict note of the “usual stock of copy paste UAPA arguments” put forth by the respondent. The Court pointed out that to be influenced by the often forceful submission of internal security of the State, and to reject a bail application where the State has utterly failed to disclose any material against the accused which could raise a prima facie view of the involvement of the accused as charged by the State, is a sure shot recipe for miscarriage of justice. Read more


Retirement benefits a Constitutional and fundamental right of an employee with no legal impediment: Jharkhand High Court

In the case where the Petitioner had filed the present petition seeking a direction upon the respondents for payment of entire pensionary benefits including pension, gratuity, General Provident Fund, leave encashment etc., S.N. Pathak, J., observed that it failed to understand that when the petitioner’s dismissal order was quashed by the appellate authority, then under which authority of law, the entire admitted retirement benefits of an employee could be withheld. Read more


Karnataka HC grants 30-day general parole to murder convict for fulfilment of conjugal duties with new wife

While considering the instant petition seeking direction to the Chief Superintendent of Prison to consider the request for grant of 90-day general parole in terms of the Prison Manual, to her husband for fulfilment of conjugal duties, the Bench of S.R Krishna Kumar, J*., allowed the petition, thereby granting the husband-convict general parole for a period of 30 days from 05-06-2024 to 04-07-2024, so that he can fulfil his conjugal duties. Read more

Husband deserting his wife, bound to maintain her and his minor children irrespective of his financial status: Karnataka HC

While considering the instant petition filed by a husband challenging the order of interim maintenance passed by the Family Court, the Bench of Sachin Sankar Magadum, J*., stated that if a husband has deserted his wife, he is bound to maintain his her and his minor children, irrespective of his financial status. Read more


Kerala HC directs the State to implement measures for effective waste disposal across Kochi

The Division Bench of Bechu Kurian Thomas*, and Gopinath P., JJ., took suo motu cognizance of the waste management in the city of Kochi, particularly the improper removal waste from drains that has aggravated the issue of flooding throughout the city, and issued the following directions to the State for ensuring effective waste management. Read more


‘Love and affection are intangible sentiments’ Madras HC allows organ donation for transplantation, between un-related individuals

While hearing writ petitions, seeking writ of mandamus to direct the hospital to pass orders for kidney transplantation, G. R. Swaminathan, J. has held that individuals willing to donate organs despite being “unrelated relative”, out of feelings of love and affection towards the recipient, should not be constrained. In absence of any aspect of commercial dealing or any other financial motive, the Authorizing Committee may authorise such applications and decide them on merits. Read more

Madras High Court upholds Government Order Mandating 40% marks in Tamil paper for Group IV Government Posts

In a batch of writ petitions filed toquash the notification dated 01-12-2021 and consequent notification issued on 30-01-2024 by the Tamil Nadu Public Service Commission (‘TNPSC’) stating that the candidates for Group IV Government Jobs need to appear for both Part A and B of the examination paper which would be of 150 marks each, and mandates that Part B of the paper will only be taken up for evaluation if the candidate qualifies Part A of the paper with 40% marks, which is Tamil proficiency paper, to be violative of Articles 14 and 16 of the Constitution and opposite to Section 21 of the Tamil Nadu Government Servants (Conditions of Service) Act, 2016 (‘Act’), G.R. Swaminathan*, J. has upheld the impugned order mandating 40% marks in Tamil paper and said that the order was in consonance with Section 21A of the Act and in matters concerning recruitment, the employer can prescribe the qualifications and the Court will not interfere in such policy matters unless it is illegal or without jurisdiction. The petitioners complained that if 150 marks of Part A is taken into consideration then that would put them at disadvantage as they are not proficient in Tamil as others, and this would lead to 100% reservation for Tamil Medium candidates whereas only 20% horizontal reservation is allowed for the candidates studied in Tamil Medium. Read more

‘Transgender is a gender identity; State should not have treated transgender as caste under MBC category’; Madras HC directs State to provide horizontal reservation to transgenders

In a writ petition filed to quash the Government Order, Backward Classes, Most Backward Classes and Minorities Welfare Department, dated 06-04-2015, issued by the State and consequently direct the State to provide for horizontal reservation to the transgender community in compliance of the judgment in National Legal Services Authority v. Union of India, (2014) 5 SCC 438, G.K. Ilanthiraiyan, J. has held that a trans person will be classified as MBC and if they belongs to SC/SC (Arunthathiyar)/ST, they will get the benefit of their community certificate instead of being MBC. However, in both these scenarios of being either MBC or SC/SC (Arunthathiyar) / ST, the trans person will have to be clubbed with either the women of that class or the men of that class. Hence, they don’t get protection for their transgender identity. Further, the Court said that as the transgender identity is a gender identity like man or woman, thus it is manifestly arbitrary and in violation of Article 14 to give woman horizontal reservation and treat transgender persons similar to men. Read more


Can a wife claim that sexual act by her husband is without consent? Madhya Pradesh HC answers

In an application under Section 482 of the Criminal Procedure Code, 1973 (‘CrPC’) to quash a FIR under Sections 377, 498-A, 294, 506 of the Penal Code, 1860 (‘IPC’) and the consequential proceedings on the ground that the allegations made were false and have been levelled against the petitioner 1-husband and his family members (‘petitioners’) only to give a criminal angle to a matrimonial dispute, Prem Narayan Singh, J., contemplated whether the consent of wife residing along with her husband during the subsistence of marriage can claim that the sexual act was committed with her without consent, and held that consent of wife is immaterial in a sexual act with her husband during the subsistence of marriage. Read more

MP High Court criticises Indian Army’s behavior towards missing soldier’s family; calls for reforms of worn-out pension rules

In a second appeal filed under Section 100 of the Civil Procedure Code, 1908 (CPC) against the order affirming the judgment which partly allowed the appellants’ application for the declaration of civil death, a single-judge bench comprising of Anil Verma, J., partly allowed the second appeal and modified the judgment and decree to declare the date of death of missing solider (appellant’s son) as 25-07-2010. The Court held that the appellants are entitled to all benefits as per the circular letter No. 4-52/86-Pen, dated 03-03-1989 issued by the Government of India and directed the respondent to compute and pay all retiral benefits to the appellants. Read more

Corruption in MNREGA | MP High Court issues notice to Collector for not taking action after investigation

In a Public Interest Litigation (PIL) filed by petitioner regarding corruption in the Mahatma Gandhi National Rural Employment Guarantee Act (MNREGA) scheme in Damoh district, specifically in the panchayats of Hata, Patera, and Jabera, a division bench comprising of Sheel Nagu, ACJ., and Amar Nath (Kesharwani), J., took cognizance of the inaction on the corruption findings in the MNREGA scheme and issued notice seeking an explanation from the responsible authorities. Read more


‘Every possibility for prudent man to lose temper on seeing wife with another man’: Meghalaya HC modifies husband’s conviction u/s 302 for killing wife’s ex-husband

In a criminal appeal challenging the decision of the Trial Court, whereby the convict was convicted for offence under Section 302 of the Penal Code (‘IPC’) and sentenced to undergo rigorous life imprisonment, the Division Bench of S. Vaidyanathan., CJ.*, and W. Diengdoh., JJ., partly allowed the appeal and modified the offence to fall within the ambit of the Exception 2 of Section 300 of the IPC. The convict was sentenced to three years imprisonment. Read more


Orrisa High Court overturns conviction in 12-year-old religious riot & mob attack murder case

In a criminal appeal filed under Section 374(2) of Code of Criminal Procedure (CrPC), 1973 against the Trial Court’s decision, whereby the convict was sentenced to undergo lifetime imprisonment and fine of Rs. 5000 for offences under Sections 147, 148 and 436 r/w Section 149 of Penal Code (“IPC”), 1860 and for offences under Sections 302/201 r/w Section 34 of the IPC was imposed. The Division Bench of G. Satapathy* and D. Dash, JJ. on analysis of oral and documentary evidence found that the prosecution case against the convict was questionable, the witnesses’ evidence was suspicious, and there were no clear and conclusive evidence to support the convict’s guilt. Hence, the order of conviction by the Trial Court was set aside. Read more

‘Criminal justice not one-sided, balance b/w conflicting rights & duties must be drawn’; Orissa HC permits recall of witness at stage of death reference

In an interlocutory application filed under Section 391 of the Code of Criminal Procedure (CrPC), seeking to recall the informant for additional cross-examination, the division Bench, consisting of Justice S.K. Sahoo and R.K. Pattanaik, JJ., allowed the prayer and directed the Trial Court to summon the informant and to limit the cross-examination to the questions listed in the submitted questionnaire. Read more

Bail in NDPS | Orissa High Court grants bail to accused possessing 22 kgs Ganja for being a first-time offender

In an application filed under Section 439 of the Code of Criminal Procedure, 1973 (“CrPC”) seeking bail in a case registered for offences punishable under Sections 20(b)(ii)(C) read with Section 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’), V. Narasingh, J. released the accused on bail under specific conditions and terms fixed by the Court in seisin. Read more


Cogent material required to indicate convict’s parole likely to endanger security of state; Punjab and Haryana HC directs District Magistrate to reconsider parole application

In the case where the petitioner had filed the petition seeking to quash and set aside the impugned order dated 10-04-2023, passed by Respondent 3-District Magistrate, Ferozepur, and seeking directions to release him for eight-week parole to enable him to meet his family members and to settle household affairs, the Division Bench of Lisa Gill and Amarjot Bhatti, JJ., noted that as per the impugned order, petitioner was not granted temporary parole because he could indulge in smuggling of narcotics, and he might also abscond during parole. The Court stated that such mere apprehension was not a valid ground for rejection of application filed by petitioner seeking parole. To consider the question that whether the petitioner’s release on parole was likely to endanger security of State or maintenance of public order, cogent material to indicate the same had to available, rather than mere registration of various cases against the petitioner. Read more

Punjab and Haryana HC denies interim bail to cybercrime accused possessing thirty-five SIM cards; suggests measures to mitigate cybercrime

In the case where the petitioner, accused of facilitating cybercrime by activating and supplying SIM cards to co-accused involved in defrauding the complainant, had sought regular bail under Section 439 of the Criminal Procedure Code, 1973, Anoop Chitkara, J., has stated that given the serious nature of allegations, it was not a case for interim bail and that the massive number of SIM cards points towards the petitioner’s involvement in cybercrime and further investigation regarding usage of such SIM cards within the territory of the State of Haryana should be carried out. Read more


Rajasthan High Court refuses to quash FIR against two Doctors involved in illegal kidney transplantation racket

In a criminal miscellaneous petition filed by petitioners under Section 482 of the Criminal Procedure Code, 1973 (CrPC) seeking quashing of FIR registered against the petitioners for offences under Sections 420, 419, 471, and 120-B of the Penal Code, 1860 (IPC), a single-judge bench comprising of Sudesh Bansal, J., held that the petitioners’ involvement in the illegal kidney transplantation racket could not be dismissed at this stage, given the substantial evidence against the petitioners, including telephonic contacts and suspicious financial transactions and ongoing investigation. Read more

Rajasthan High Court rejects petition challenging Civil Judge Recruitment’s age eligibility criteria

In a petition challenging Clause 20 of an advertisement dated 09-04-2024 which sets age eligibility criteria for Civil Judge recruitment, a division bench comprising of Manindra Mohan Shrivastava, CJ and Bhuwan Goyal, J., held that Clause 20 of the advertisement does not violate Rule 17 of the Rajasthan Judicial Service Rules, 2010. While dismissing the petition, the Court held that petitioner, being over the age limit even with the relaxation as of 01-01-2023, cannot claim eligibility under the deemed eligibility provision and the petitioner’s ineligibility was clear regardless of the exam timing. Read more

[Autonomy in Panchayati Raj Institutions] | Rajasthan High Court sets aside Panchayati Raj officials’ transfer orders; Reaffirms principles of decentralized governance

In a series of petitions challenging the State Government’s mass transfer orders of Panchayati Raj officials in Rajasthan, arguing that these transfers undermined the autonomy of Panchayati Raj institutions and did not adhere to established legal and procedural norms, a single-judge bench Arun Monga, J*., set aside the impugned transfer orders. The Court reaffirmed the principles of decentralized governance and the need for procedural adherence in transfers. Read more


Limitation period for Government Applications governed by Art. 114(a) of Limitation Act, not Section 378 CrPC; Sikkim HC clarifies

The Division Bench of Meenakshi Madan Rai and Bhaskar Raj Pradhan*, JJ., presiding over a condonation of delay application made by the Union of India in appealing against an order of acquittal by the Trial Court, held that Government applications are governed by Article 114(a) of the Limitation Act 1963 (“Limitation Act”), and not by the provisions of Section 378 of the Code of Criminal Procedure (“CrPC”). The Court found that the applicants had sufficient cause for delay in appealing the Trial Court order. Read more

Buy Code of Criminal Procedure, 1973  HERE

Code of Criminal Procedure

Buy Constitution of India  HERE

Constitution of India

Buy Penal Code, 1860   HERE

penal code, 1860

Buy Arbitration and Conciliation Act, 1996   HERE

arbitration and conciliation act, 1996

Must Watch

maintenance to second wife

bail in false pretext of marriage

right to procreate of convict

Criminology, Penology and Victimology book release

Join the discussion

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.