crpc
Delhi High Court | Maintenance amount is a legal ‘debt’, can be recovered through a civil suit
“This is a case that clamours for the exercise of judicial conscience to address the conundrum of whether an individual’s right to recover arrears in maintenance subsists even after the expiry of the period stipulated in section 125(3) CrPC.”
Kerala High Court cites Holy Bible while discussing a father’s right to past maintenance under Christian Law
“Though one may think that it is the duty of the State to provide measures to secure the needs of senior citizens during their old age, we cannot ignore the principles in a social order creating an obligation on the children to maintain their parents during old age.”
‘Criminal antecedents of accused cannot be sole consideration to decline quashment of proceedings’; SC Observes
“FIR in a criminal case is an extremely vital and valuable piece of evidence for the purpose of corroborating the oral evidence adduced at the trial and the delay in the registration of the FIR, by itself, cannot be a ground for quashing of the FIR”.
Investigating Agencies not obliged to submit translation of charge sheet in language of the Court: Supreme Court
Supreme Court clarified that if the accused and his advocate are non- conversant with the language, the question of providing translation may arise because the accused must get a fair opportunity to defend himself by understanding the material against him in the charge sheet.
‘Doctor is always expected to treat or aid patient to best of his knowledge and ability’; Orissa HC rejects Doctor’s plea to quash S. 304-A proceedings
“Negligence is a breach of duty imposed by law and it may be either civil or criminal depending upon the nature and gravity of the negligence. Criminal negligence, on the other hand, is gross and culpable, neglect or failure to exercise, reasonable and proper care and precaution to guard against injury, either to the public generally or to an individual in particular”.
Delhi High Court directs issuance of guidelines to address non-compliance of Section 195 of CrPC
“The concerned public servant should have prepared a complaint under Section 195 CrPC and the same should have been filed before the Magistrate or the same could have been forwarded along with the chargesheet to the concerned Court.”
“To clinch a conviction, circumstances ought to form a chain to indicate that the accused and no one else committed the crime”: Supreme Court
The instant matter related to a person killed while he was travelling with his group on scooter, allegedly by constables patrolling the village, which was investigated by the Central Bureau of Investigation (‘CBI’).
Journalist’s mobile cannot be seized simply because he got information about some crime: Kerala High Court
Kerala High Court directed the Station House Officer to file a statement with circumstances under which the journalist’s mobile phone was seized.
Section 180 IPC applies only if the person making a statement refuses to sign it when legally required to do so by a competent public servant: SC
The Court reprimanded the DSP and said that a DSP, ought to know that in terms of Section 162 of Cr.PC, no statement made by a person to a police officer in the course of any investigation, which is reduced to writing, is required to be signed by the person making the statement.
Objective of Section 125 CrPC to ameliorate sufferings of destitute wives, children; technicalities have no place in maintenance cases: Kerala High Court
“The attempt should be to assimilate the required details and reach the correct conclusion at the earliest, rather than mulling over mundane objections.”
Police officer duty-bound to record reasons for arrest in writing: Allahabad High Court
Section 41 and 41A of CrPC are facets of Article 21 of the Constitution of India
Mother is entitled to Custody of Minor Children after Father’s death, unless declared incompetent or disentitled: Himachal Pradesh HC
The Court said that the right of a mother to have custody of her children is not absolute, but subject to the welfare of her children.
Meghalaya High Court grants bail to HIV Positive Female Accused under NDPS Act
The applicant was an HIV Positive Patient for which she required specialized treatment, thus, the Court decided to release the applicant on bail.
[Explained] Allahabad High Court verdict in Inter -Religion Live-in Couple’s Protection Plea
Awareness has to be created in young minds not just from the point of view of emotional and societal pressures that Live -in relationships may create, but also from the perspective that it could give rise to various legal hassles.
Karnataka HC takes strict note of Magistrates’ callousness while permitting registration of FIRs in non-cognizable offences; Issues necessary guidelines
“Permitting registration of a FIR cannot be a frolicsome act on the part of the Magistrate” – The Court noted that callous attitude of Magistrates has given tremendous rise to huge litigations.
Kerala Court issues summons against Doctors in Organ Transplantation case
Kerala Court pointed out that the Transplantation team got access to the patient even before the declaration of brain death.
Decoding Madras High Court verdict on Gokulraj Murder committed “under the influence of demon called caste”
Madras High Court said that this is a case which brings out the dark side of human behavior. It focuses our attention on the ugly facets of our society; the caste system, bigotry, inhuman treatment of persons belonging to the marginalised section etc.