Criminal Law Roundup August 2024 | Top Cases on Bail; Contempt of Court; Forceful religious conversions; LGBTQ Rights; and more
Criminal law discussions that unfolded at the Supreme Court and various High Courts in the month of August
Kerala High Court
CrPC or BNSS?: The Tug of War Around July 01, 2024
by Aditya Mukherjee* and Jayati Sinha**
Judicial Jigsaw: Never-Ending Conflicts and Interpretative Challenges of Section 29-A of the Arbitration Act
by Vasanth Rajasekaran* and Harshvardhan Korada**
HIGH COURT JULY 2024 WEEKLY ROUNDUP| Stories on Arijit Singh, M.K. Stalin, Nagarik Suraksha Sanhita, right to be forgotten, and more
Have a quick look at what the High Courts across the country adjudicated on through this week.
Criminal Law Roundup July 2024 | Updates on cases related to quashing of proceedings, wrongful detention, bail, and more
Read July’s share of criminal law discussions at the Supreme Court and various High Courts
Prohibition of Child Marriage Act will supersede Muslim Personal Law; every Indian a citizen first, religion comes later: Kerala HC
“The Prohibition of Child Marriage Act, 2006 prohibits child marriage, it supersedes the Muslim personal law, and every citizen of this country is subject to the law of the land, which is Act 2006, irrespective of his or her religion”
Kerala HC quashes proceedings against husband after considering settled married life and wellbeing of children
“Effacing abominable offences through quashing process would not only send a wrong signal to the community, but may also accord an undue benefit to unscrupulous habitual or professional offenders, who can secure a “settlement” through duress, threats, social boycotts, bribes or other dubious means”
HIGH COURT JULY 2024 WEEKLY ROUNDUP| Stories on age of superannuation; abortion of 28 weeks pregnancy; compassionate appointment; anti CAA protests and more
A quick legal roundup to cover important stories from all High Courts this week.
Can a person change his religion in school certificate after conversion? Kerala HC answers
“Even if it is to be accepted that there is no provision enabling change of religion entered in school certificates, that is no reason to tie down a person to one religion, merely by reason of his birth”
‘Refusal to acknowledge irretrievable breakdown of marriage does more harm than good’: Kerala HC allows appeal by wife for divorce
“Marriage should be a union based on mutual respect, love, and understanding. When one spouse seeks freedom from a relationship that has become a source of distress, denying this request only perpetuates suffering and contradicts the very essence of a marital bond”
Cases Reported in HCC
(2023) 2 HCC (Bom) Labour Law — Industrial Disputes Act, 1947 — S. 25-O (2) — Closure of Undertaking — Whether contractual
HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Reliance; Rights of Disabled Persons; NEET UG 2024; Organ trafficking; Bhopal Gas Tragedy and more
A quick legal roundup to cover important stories from all High Courts this week.
Kerala HC refuses to quash FIR against Businessman accused of cheating UAE bank of Rs. 135 crores
Credibility of Indians in UAE and of others who seek loans from banks can be prejudicially affected if such alleged frauds are permitted to be perpetrated by the citizens of this country, and when criminal proceedings are initiated, they are quashed without even being investigated”
‘Organ trafficking an organized crime; this was perhaps just tip of the iceberg’: Kerala HC denies bail to accused in organ trafficking case
“The Parliament, after considering a spate of reports highlighting the flourishing human organ trade in India and the consequential exploitation of the economically vulnerable segments of the society through organ removal, and illegal transplants, for prohibiting the unethical practice, enacted the Transplantation of Human Organs and Tissues Act, 1994”
HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Briar App; Internet Gaming Disorder; Dalai Lama; Centipede in Amul Ice-cream and more
A quick legal roundup to cover important stories from all High Courts this week.
When can CBI be involved in an investigation? Kerala High Court answers
“Though an attempt was made to portray the incidents that led to the registration of the crime as one having transnational ramifications based upon the affidavit of the State Government filed in the Supreme Court, this Court is of the view that the circumstances do not persuade this Court to rely on the said averment to direct a CBI investigation”
What does the term ‘competence’ under Section 24 of CPC refer to? Kerala HC explains
Under Section 24 (1) of the Code, the High Court or District Court may at any stage withdraw any suit, appeal or other proceeding pending in any court subordinate to it; and transfer the same for trial or disposal to any court subordinate to it and competent to try or dispose of the same.
HIGH COURT JULY 2024 WEEKLY ROUNDUP | Stories on Lakshmi Puri’s defamation; Agniveer recruitment; Cancer patient’s termination of pregnancy; and more
A quick legal roundup to cover important stories from all High Courts this week.
Kerala High Court allows transwoman to live apart from hostile family members who forced her to undergo treatment for changing gender identity
After interacting with the parties, the Court found that X, the transwoman has made a firm decision to live separately from her parents due to familial violence consequent to her self-determination as a transwoman’
Will penal provisions under Kerala Protection of Riverbanks and Regulation of Removal of Sand Act apply to river sand found on stationary vehicle? Kerala HC answers
Section 23 of the Kerala Protection of Riverbanks and Regulation of Removal of Sand Act, 2001 states that whoever transports sand, without complying with the provisions of the Act shall be punished, and the vehicle used for the transportation be liable to be seized by the Police or Revenue Officials.