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
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is construed to be an internal aid for the purpose of construction of a statute, saves the provisions of the old Code/repealed Code, i.e, in the present case, Criminal Procedure Code, 1973, for certain categories of investigation, inquiry, appeals, application, etc.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.
Bail application filed under CrPC treated as one under BNSS; Delhi High Court refrains from taking coercive steps against husband accused of sexual assault
The Court opined that since the petition was filed after 01-07-2024, it ought to have been filed under the Bharatiya Nagarik Suraksha Sanhita, 2023.
BNSS vs CrPC| CrPC to apply to pending trial/investigation registered before Bharatiya Nagarik Suraksha Sanhita came into force: Rajasthan High Court
The Court stated that “if an FIR is registered prior to 01-07-2023 under the CrPC, it would amount to a pending enquiry/investigation within the meaning of Section 531(2)(a) of BNSS.”
Bombay HC grants bail to man arrested for fraud for having suffered incarceration beyond the maximum sentence period
The Court referred to Niranjan Singh v. Prabhakar Rajaram Kharote (1980) 2 SCC 559, wherein it was explained that no lexical dexterity nor precedential profusion is needed to come to the realistic conclusion that he who is under the control of the court or is in the physical hold of an officer with coercive power is in custody for the purpose of Section 439, CrPC.
‘Quashing of cases involving sexual violence based on monetary payments would imply that justice is for sale’; Delhi High Court refuses to quash FIR filed for sexual violence
The Delhi High Court opined that true justice, and the ends of justice would not be served by quashing the FIR without a trial, but by conducting a trial to fairly ascertain the real culprit, whether it be the accused or the complainant.
[BNSS] Punjab and Haryana HC determines governing law for time barred petition filed under CrPC before 30-06-2024 and pending as of 01-07-2024
The Court was of the view that the petition and the accompanying application seeking an extension of time were filed and registered in the registry of this Court when CrPC, 1973 was in force, hence, the matter would fall under the scope of Section 531(2)(a) and this petition should be adjudicated through the provisions of CrPC, 1973.
Delhi High Court denies bail to K. Kavitha in cases related to Delhi Liquor Policy scam
The Delhi High Court stated that a prima facie case of money laundering under Section 3 of the Prevention of Money Laundering Act, 2002 was made against K. Kavitha based on the material placed on record.
Read why Allahabad HC refused to set aside order acqutting a man accused of rape on false promise of marriage
“There is clear distinction between rape and a consensual sex. The Court in such cases carefully examined whether accused actually wanted to marry victim or had a malafide motive and had made a false promise to this effect to satisfy his lust, as latter false ambit of cheating or deception. There is a distinction between breach of promise or not fulfilling the promise.”
Bombay HC transfers attempt to murder case from Pune Police to CID in the interests of proper investigation and complete justice
The Court reiterated that “investigation is the exclusive privilege and prerogative of the police which cannot be interfered with. But if the police does not perform its statutory duty in accordance with law or is remiss in the performance of its duty, the court cannot abdicate its duties on the precocious plea that investigation is the exclusive prerogative of the police.”