Kerala High Court denied the grant of maintenance to an unmarried Hindu major daughter as she could not prove any disability as required under Hindu Adoptions and Maintenance Act, 1956
by Siddharth R. Gupta† and Sangam Ghorpade††
The Right of speedy trial is a fundamental right, and its violation causes prejudice even to the accused person
If statute provides for anything to be done in a particular manner, then it must be done in that manner alone and not otherwise and thus, the impugned order rejecting Siddique Kappan's discharge application is against the law propounded by the Supreme Court
If during course of investigation some credible evidence/have been collected, charge sheet has been filed, cognizance has been taken, discharge application has been rejected by the Trial Court by speaking and reasoned order and that order has been upheld by the Revisional Court, by a speaking and reasoned order, then Arvind Kejriwal must participate in the trial proceedings.
The Supreme Court noticed that in the case at hand, without giving any reasonable time to the investigating agency to investigate the allegations in the FIR, the Madras High Court has, in haste, quashed the criminal proceedings.
The Special Judge of CBI Court reiterated that it is not necessary for the IO to seek prior permission of the Court for adding or deleting Sections , on the basis of material collected by him, and can intimate about it to the Court.
“The Courts have the power to cancel the bail and to examine the merits of the case in a case where the accused is released on default bail and released not on merits earlier. Such an interpretation would be in furtherance to the administration of justice.”
Allahabad High Court said that police personnel are not above the law and the application of law and legal provisions should be one and the same for all and no special treatment shall be given to them.
Absence of cross-examination of witnesses resulted in gross miscarriage of justice. The omission of fair and proper trial is not only a violation of fundamental principles of judicial procedure and constitutional mandate but is also a violation of mandatory provisions of Section 304 CrPC
The Delhi High Court granted four weeks parole to a rape convict and held that right of a citizen to avail a legal remedy in the final court of country cannot be denied.
The Delhi High Court held that the law did not permit even the husband to take household articles including the jewellery without the consent and knowledge of his wife.
Gujarat High Court while deciding the bail application strikes the balance between personal liberty of accused and seriousness of offences committed.
A quick legal roundup to cover important stories from all High Courts in December 2022
The legislation in its own wisdom have planned to use the state machinery to investigate into all those offences, in which the women are poor victims of the atrocities committed by male.
Allahabad High Court said that even if it is believed that part of proceeds of crime was transferred in the bank account of Atikur Rahman, that itself may not be sufficient to prove that Siddique Kappan has dealt with the proceeds of crime which had been allegedly received by K.A. Rauf Sherif. Thus, granted him bail.
The petitioner had undergone incarceration for more than 4 months and completion of trial would take some time, thus, the Court enlarged him on bail
In this case, the Delhi High Court held that the right to investigation cannot be taken away from the investigating officer only because the conduct of Test Identification Parade (TIP) was ordered after the release of articles to the person who was in lawful custody of the articles.
Punjab and Haryana High Court granting bail to the petitioner emphasised that the NDPS cases can only survive in case the prosecution is able to establish that the article recovered is indeed a contraband and which can only be established on the basis of its chemical examination, which is normally done through FSL.
Bombay High Court: In a case where simultaneous maintenance claims were under different enactments, S.G. Mehare, J., held that mere