Bombay High Court

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Merely by mentioning in the arrest memo that the petitioner has been inconsistent in his statements before the Investigating Officer and has kept on changing his versions and as such, has not co-operated with the investigation in disclosing full and true facts, is not sufficient and the same cannot be a ground of arrest as it is unacceptable and contrary to the mandate of Section 41(1)(b)(i)&(ii) from (a) to (e) of the CrPC.

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The Supreme Court Collegium added that there are no indications of Advocate Somasekhar Sundaresan's links with any political parties with strong ideological leanings and emphasised on the right to free speech and expression under Article 19(1)(a) of the Constitution.

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Unfounded criminal charges and long drawn criminal prosecution can have serious consequences. A person subjected to such litigation suffers immense mental trauma, humiliation and monetary loss.

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The petition was filed challenging the vires of the Juvenile Justice (Care and Protection of Children) Amendment Act 2021 to the extent that the word ‘Court’ is replaced with ‘District Magistrate’

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Supreme court has upheld a decision by the Bombay High Court that the period of parole should be excluded from the period of the sentence when considering 14 years of actual imprisonment for the purpose of premature release of convicts.

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The reason given in the arrest memos to arrest the petitioners, having regard to the facts, appears to be casual, mechanical and perfunctory, clearly without application of mind. The grounds for arrest of the petitioners mentioned in the arrest memos clearly breach the mandatory provisions of Sections 41 and 41-A and 60-A of the Criminal Procedure Code.

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    Bombay High Court: In the present appeal filed under Section 260-A of the Income Tax Act, 1961 preferred against the

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    Bombay High Court: In a case relating to an article published by Mid-Day, pursuant to the order of the instant

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Any document in writing exchanged between the parties which provide a record of the agreement and in respect of which there is no denial by the other side, would squarely fall within the ambit of Section 7 of the Arbitration and Conciliation Act, 1996 and would amount to an arbitration clause.

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Bombay High Court remarked that they have come across at least three such cases in last three weeks wherein the statement of the prosecutrix has been totally disbelieved in the grave and a serious offence under Section 376 IPC by not following the law enunciated by the Supreme Court in its catena of decisions. It is the second case in this week wherein Police did not adhere to the basic principles of investigation.

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The High Court issued a contempt notice against an Advocate and a civic official, who acted on her request, after observing that a lawyer’s letter asking for a designated area within the Bombay High Court premises in Nagpur to feed dogs was for “publicity”.

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Case BriefsHigh Courts

    Bombay High Court: The Division Bench of M. S. Sonak and Bharat P. Deshpande, JJ., quashed the impugned order of

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Bombay High Court held that maintenance cannot be denied because of possession of higher qualification by wife considering the wife is unemployed.

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“If the prayers of the petitioners in the present petition are not considered favorably, it would create a situation where the respondent already having given up any claims towards the minor child, she would be deprived of the right to be taken care of and maintained by the petitioners, who are more than willing to take care of her needs, being the biological parents of the minor child.”

Justice Dipankar Datta
Know thy Judge

Former Chief Justice of the Bombay High Court, Justice Dipankar Datta, was sworn in as a Supreme Court Judge. His appointment now raises the judicial strength of the Supreme Court to 28 out of total strength of 34 judges

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The Court observed that the convict was a young boy of 20 years, who has no father, and was shouldering the responsibility of his widowed sister and her son, hence, imprisonment for a term of 14 years would be adequate, to teach him a lesson.

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    Bombay High Court: In a case where simultaneous maintenance claims were under different enactments, S.G. Mehare, J., held that mere