Exigence of writ of habeas corpus by husband to regain his wife would be rare and not available as a matter of course: Allahabad HC
Allahabad High Court allowed the husband to avail the appropriate legal remedies, under civil and criminal law
crpc
[8 Stray Puppies’ Death] S. 372, CrPC does not give victim a right to appeal to challenge the quantum of punishment: Karnataka HC
In this case the complainant had challenged the “flea bite sentence” passed by the Trial Court against the accused who had pleaded guilty of causing death of 8 stray puppies.
‘Forging order of an arbitrator is a serious offence’; Delhi HC dismisses anticipatory bail application
“While there can be no dispute on the fact that complainant himself may have been guilty of not having paid the instalments in accordance with the Loan Agreement with the Finance Company, however, the recovery of the vehicle can only be made in accordance with the law.”
Is watching child pornography an offence under POCSO Act or S. 67B of IT Act? Madras High Court answers
“Due to accessibility of sexually explicit material on the internet, porn addiction is becoming a growing concern in teenagers. With the click of a button, they can be exposed to endless pages of adult content”
Explained| SC verdict on inconsistency between penal provisions under Food Adulteration Act and Food Safety & Standards Act
“The punishment under PFA and the penalty under the FSSA cannot be imposed on the violator for the same misbranding because it will amount to double jeopardy, which is prohibited under Article 20(2) of the Constitution of India.”
Appeal against order of acquittal u/s 138 of Negotiable Instruments Act, 1881 lies to High Court u/s 378(4) of CrPC: Chhattisgarh High Court
“Any allegation made orally or in writing to a Magistrate that some person, has committed an offence, will fall within the meaning of ‘complaint’. Pertinently, the definition specifically excludes a police report.”
“Press must refrain from publishing contents that are manifestly defamatory in nature, Must duly verify such content”; J&K and Ladakh HC observes
The High Court further stated that, truth is no defence for publishing defamatory material against a private citizen where no public interest is involved.
No cognizance of offence u/S. 188 IPC unless DM makes a complaint to Judicial Magistrate under S. 195 CrPC: Gurgaon District Court
“No Court shall take cognizance of any offence punishable under Section 172-188 of the IPC, except on the complaint in writing of the public servant concerned or of some other public servant to whom he is administratively subordinate”.
Accused cannot be coerced to reveal/disclose password in regard to digital evidence while trial is ongoing: Delhi High Court
“The concerned Investigating Agency cannot expect anyone who is an accused, to sing in a tune which is music to their ears, more so, whence such an accused, is well and truly protected under Article 20(3) of the Constitution.”
“S. 22, POCSO Act prohibits prosecution and punishment of a minor for perjury”: J&K and Ladakh HC, reiterates
“In order to prosecute and punish a witness for offence of perjury, it must be established that the statement was made by him deliberately and consciously, which subsequently, was found to be false as a result of comparing it with other unimpeachable evidence on record”.
SFIO not barred from investigating offences under IPC and conducting ‘further investigation’ after filing of investigation report: Delhi High Court
“If power is given to the Special Court under Section 436(2) of the Companies Act, 2013 (‘the Act’) to try offences other than those under the Act, then SFIO’s power to investigate into such offences cannot be restricted.”
‘Boys will be boys’ regrettably normalises stalking, eve-teasing, assault; Rape is Rape, be it by husband’: Gujarat HC while refusing bail to mother-in-law
“The father-in-law and mother-in-law watched the lovemaking moments of her own son and daughter-in-law on the TV screen in their bedroom and that they also compelled their son to take nude videos and photographs of the daughter-in-law and shared it on family WhatsApp group.”
Revisional Court has jurisdiction to take suo motu cognizance of intermediate orders under Sec 397 CrPC: Madhya Pradesh HC
“Section 131 of the Income Tax Act allows the income tax authority to investigate and inquire about property, cash, or valuables obtained during an investigation by other law enforcement agencies, even if no income tax case was pending and the authority can conduct an inquiry to ensure that the appropriate income tax has been paid on the possessions.”
Centre’s new Bills to overhaul Indian Criminal Justice system withdrawn; To be reintroduced after incorporating suggestions of Committee
The decision came in light of the Parliamentary Committee’s recommendations to amend the bills with some major changes relating to adultery, Section 377, etc.
Delhi High Court quashes charges against public servant for lack of sanction under S. 197 CrPC
The individual against whom the allegations are made, ought to be a ‘Public Servant’ whose appointing authority is the Central Government or the State Government to entitle him to the protection under section 197 CrPC and not to every public servant.
No mandate under CrPC for witness to appear before Court only when summoned; Andhra Pradesh HC sets aside conviction considering contradictory evidence of witnesses
“Unless there is any blatant mistake or error on the face of the record which may lead to miscarriage of justice, the Revisional Court shall not exercise its diligence over the matter.”
2023 SCC Vol. 9 Part 1
Administrative Law — Subordinate/Delegated Legislation — Judicial Review/Validity of Subordinate/Delegated Legislation — Specific Pleadings — Necessity: For striking down statutory provision or
[Contempt of Court] Allahabad High Court directs contemnors to annex copy of this order to disclose before Courts their previous conduct in future proceedings
“Court proceedings are formal proceedings which must be allowed to be conducted in a dignified manner without undue disruptions”
2023 SCC Vol. 8 Part 5
Chandigarh Estate Rules, 2007 — R. 16 and second proviso thereto: Fragmentation/division/bifurcation/apartmentalisation of residential units in Phase I of Chandigarh is not