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
crpc
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.
[POCSO] | Consideration of bail plea cannot be deferred indefinitely simply because the victim is keeping herself away from appearing in Court: J&K and Ladakh HC
“It is not the case of the prosecution that trial is being delayed because of the conduct of the accused but it is a case where the victim is avoiding stepping into the witness box.”
Landmark Judgments on Prevention of Money Laundering Act by the Supreme Court and High Courts in 2022 Part I
by Siddharth R. Gupta†
Cite as: 2023 SCC OnLine Blog Exp 44
No presumption of rape can be made out between minor wife and husband if physical relationship is specifically denied: Allahabad High Court
Mazid Bayan is also a part of investigation, and it can be relied on by Investigating Officer while filing a final report/ charge sheet and only caveat is that it may not be a tutored statement or recorded only for the purpose of predetermined object to continue investigation in a particular way and it may not be on whimsical approach of Investigating Officer.
‘Failure to put material circumstances before accused amounts to serious irregularity’; Supreme Court set aside conviction in 27-year-old murder case
Supreme Court proceeded with the fact that the only circumstance appearing against the appellant was not put to him in the statement under Section 313 of CrPC.
Delhi High Court sets aside the cost imposed on CBI and expunges remarks made against the authority in a judicial order
The duty of the Court has been tried to be delegated to the prosecuting agency in the present case.
Right to default bail under S. 167(2) CrPC cannot be denied by filing chargesheet without completing investigation: Supreme Court
The right of default bail under Section 167(2) of the CrPC is not merely a statutory right, but a fundamental right flowing from Article 21 of the Constitution of India, observed the Supreme Court.
Protest by violent means can never be a part of Democracy, Delhi High Court overturns the discharge of accused in the Jamia violence case
“A protest cannot be allowed to endanger others, damage property, restrict essential services and such a protest cannot receive constitutional protection. The acts of violence and violent speech that instigates violence and endangers rule of law, damage public property and peace are not protected under the Indian Constitution.” opined the Delhi High Court
When statutory remedy is created by enactment, exercise of inherent power under S.482 cannot be invoked ignoring statutory dispensation: Allahabad High Court
Allahabad High Court said that the cases relied upon by the accused are not applicable to the present case, as they are silent over the issue of maintainability of the petition under Section 482 Cr.P.C. after insertion of Section 14-A of SC/ST Act, 1989 and unless the said issue is decided consciously, any departure from the statutory provision would be a bad precedent.
164 Statement: A Judicial Cloak of Justice for Victims
by Tanya Agarwal†