HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Gurmeet Ram Rahim; Mankind-Sepkind trademark tussle; Gyanvapi Mosque; and more
A quick legal roundup to cover important stories from all High Courts this week.
crpc
‘Prima facie consensual relationship’; Kerala High Court grants anticipatory bail to film director Omar Lulu in rape case
“It is a well-accepted principle that bail is the rule and jail is the exception.”
Kerala High Court holds Charitable Society Members running Nazareth Pharmacy College to be ‘public servants’ under Prevention of Corruption Act, 1988
“If the ‘State function’ or ‘public function’ is discharged under a legal obligation or by a governmental or statutory direction, such ‘State function’ is treated as ‘public duty’.”
“Merely passing lengthy orders, only to fill up the pages, will not mean an order on application of mind”: Karnataka High Court
“It is the application of mind that is necessary in law and not application of ink; it is not the flow of ink on the paper that is necessary in law, but flow of content depicting such application of mind.”
HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Balachandra Menon’s bail; Trade mark of Jack Daniels; Bhopal Gas Tragedy Cleanup; and more
A quick legal roundup to cover important stories from all High Courts this week.
Karnataka HC denies bail to Founder & Chairman of Sri Guru Raghavendra Sahakara Bank accused of misappropriating approximately Rs. 1553 crores
The bail application of the Founder-Chairman has been denied for the fourth time. Earlier, his bail was denied twice by the Court and once by the Supreme Court.
HIGH COURT DECEMBER 2024 WEEKLY ROUNDUP | Stories on Harsh Beniwal; Swarn Rekha River Revival Project; Sabarimala Pilgrimage; and more
A quick legal roundup to cover important stories from all High Courts this week.
HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on Louis Vuitton’s trademark, captive elephants in Kerala, Plastic Ban, and much more.
A quick legal roundup to cover important stories from all High Courts this week.
HIGH COURT NOVEMBER 2024 WEEKLY ROUNDUP | Stories on Amit Malviya defamation case; Shilpa Shetty SC/ST Act; Home Guards; Execution of Arbitral award; and more
A quick legal roundup to cover important stories from all High Courts this week.
CrPC bars review power under Sections 362 & 397(3); Rajasthan High Court dismisses petition as de facto review attempt
The Court held that the petition was effectively a review in disguise, which is barred under Section 362 CrPC and cannot be entertained.
Right to default bail does not arise if trial is not concluded within 60 days under S.437(6) CrPC: Bombay High Court
The Trial Court is trying its best to conclude the trial at the earliest, but, many times, many things are not under the control of the presiding officer and all parties concerned shall support the Court in concluding the trial within a reasonable period.
‘Husband is not absolved from providing maintenance even if wife is capable of earning’; Delhi HC upholds order by Trial Court against husband having extra-marital affair
‘The wife was a victim of domestic violence because she had been subjected to physical as well as mental abuse from her husband and no woman can tolerate that her husband is cohabiting with another lady.’
Delhi High Court refuses to quash proceedings against Dr. Shashi Tharoor for making defamatory statements against Prime Minister Modi
‘Reputation is an essential attribute of personality, and the violation of this right is actionable both as a tort as well as a crime.’
CrPC or BNSS?: The Tug of War Around July 01, 2024
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‘Momentary disagreement leading person to take extreme actions cannot be termed as abetment to suicide’; Calcutta HC quashes pending proceedings u/S. 306 of IPC
To constitute an offence under Section 306 of the Penal Code, there should be instances of abetment under Section 107.
‘Ss. 3 and 5 of the POCSO Act are offences regardless of gender of offender’; Delhi HC puts woman to trial for committing ‘aggravated penetrative sexual assault’
The word ‘he’ in Section 3 of the POCSO Act could not be given a restrictive meaning to say that it referred only to a ‘male’.
Provisions of CrPC and not of Nagarik Suraksha Sanhita 2023 (BNSS) will apply to a pending investigation prior to 01-07-2024: Bombay High Court
By a saving clause, which is construed to be an internal aid for the purpose of construction of a statute, saves the provisions of the old Code/repealed Code, i.e, in the present case, Criminal Procedure Code, 1973, for certain categories of investigation, inquiry, appeals, application, etc.
Bombay HC refuses to quash FIR against Director of International Pharma Trader Co. for non-compliance with NDPS provisions
The Export Promotion Council of India is merely a facilitator in promoting exports of pharmaceutical products, and the RMCC is a facilitator for the Customs officials in the enhancement of security; the non-provision of the Notification by them was not a justification for the applicant’s non-compliance.
Bombay HC grants bail to persons accused under UAPA for alleged links with Dawood Ibrahim
Mere allegations of affiliation with Dawood Ibrahim do not attract the application of Section 20 of the UAPA; mere sharing of pictures of NDPS-prohibited substances does not attract the provisions of the NDPS.