Read why Madras High Court set aside bail granted to Bhavninder Singh in cheating case filed by actress Amala Paul
“While deciding to grant or deny bail, there must be indication of the reasons, which should be understood by the parties”
Penal Code 1860
Calling a person corrupt per se defamatory ; Himachal Pradesh High Court sets aside the Trial Court order
“Granting the right to abuse and defame a person will not make a democracy healthy and vibrant but will turn it into a mudslinging arena where the opposition and dissent will be crushed by abuses and slurs.”
‘Case of twin promise of marriage’; Delhi HC directs Sessions Court to frame rape charges against a man for allegedly making false promise of marriage to a woman
“The cases involving emotional situations where the parties of the story have taken decisions and acted upon them on the basis of peculiar circumstances of their lives, have to be adjudged and adjudicated according to their own peculiarity and situational dissection of facts.”
Fundamental right to hold passport cannot be curtailed; Andhra Pradesh High Court directs Police to release siezed passport of a Non-resident Indian
“The passport has been seized in contravention of the existing laws in operation and such an exercise is unwarranted and is in violation of Articles 19 and 21 of the Constitution.”
Delhi High Court grants bail to a man accused of raping woman he met on dating app on pretext of marriage
“The petitioner stated that he and the complainant met on a dating App and not on matrimonial App. The allegation of false promise of marriage is only an afterthought.”
POCSO| Rajasthan High Court refuses bail to a man accused of rape despite of non-recovery of substantial evidence
“The petitioner argued that both the girls committed suicide by jumping into the canal after writing suicide note. As per report of handwriting expert also, the disputed writing show similarities with the standard writing.”
Victim not necessary party, thus not required to be impleaded as party in bail applications under CrPC: Rajasthan High Court
“Had it been the intention of the Legislature, it would have in unequivocal terms mentioned in the statute itself about impleadment of the victim as a necessary party in all cases.”
‘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.”
Himachal Pradesh High Court quashes FIR against man accused of offence under POCSO to preserve happy, peaceful married life of accused and victim
“Though justice has got to be administered in accordance with the law enacted by the Legislature. The concept of justice is elastic and is imperceptible. There can be no hard and fast line constricting the power of the High Courts to do substantial justice.”
Partner cannot be held liable for abetment to suicide, if lover commits suicide due to failed love affair : Chhattisgarh High Court
“For the wrong decision taken by a man of weak or frail mentality, another person cannot be blamed as having abetted his committing suicide.”
Delhi HC refuses to quash FIR against persons accused of kidnapping a child despite settlement between parties, says ‘such settlements raise ethical and legal concerns’
“One has to appreciate and imagine the trauma, stress, the agony of the child, who was only three years of age, that she would have gone through after being kidnapped by the kidnappers from the lawful guardianship of her parents.”
Demands made to recover loan amount cannot be treated as abetment to suicide: Chhattisgarh High Court
“If there was any unlawful activity performed by the petitioner to recover the loan amount, either the deceased or her husband could have taken shelter of any competent Court of law or made a complaint before the police authorities, which is missing in this case.”
Delhi High Court quashes FIR in light of amicable settlement between parties; directs accused to contribute woollen blankets to girls’ shelter home
“In view of the fact that parties have mutually settled their disputes, in order to put a quietus to the litigation pending between them, this Court sees no reason to continue the proceedings as no useful purpose will be served in doing so.”
Gender-specific legislations are not biased against opposite gender, rather address unique issues faced by a particular gender: Delhi High Court
“Irrespective of the gender-specific nature of a law, the judicial duty fundamentally requires unwavering neutrality and impartiality. The judge’s role is to objectively interpret and apply the law, free from any form of gender bias or predisposition.”
‘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”.
Allegations in FIR against rape accused cannot be considered as abetment of suicide: Madhya Pradesh High Court
Madhya Pradesh High Court quashed the FIR and consequential criminal proceedings arising thereafter.
Squeezing enemy’s testicles in a crowded village procession not an act done with intent to commit murder; Karnataka High Court modifies sentence
While hearing the appeal against conviction for attempt to murder, the Court stated that the accused’s actions fall under ‘causing grievous hurt’ rather than ‘attempt to murder’.
Government should either amend S. 377 IPC or bring in a new provision to make Necrophilia and sadism punishable with life imprisonment: Karnataka High Court
Holding that commission of rape on a woman’s dead body would not attract Ss. 375 and 377, Penal Code, 1860, the Court pointed out that its high time for the Central Government to consider amending S. 377 or introduce a specific provision to address necrophilia, sadism.
HIGH COURT MAY 2023 WEEKLY ROUNDUP| Stories on Gyanvapi Mosque; Prabhat Gupta’s murder case; Gas Migration Dispute; Gautam Gambhir defamation case; Online gaming; and more
A quick legal roundup to cover important stories from all High Courts this week.
Karnataka HC | Charges under Prevention of SC/ ST (Atrocities) Act are applicable only when name of a victim’s caste is taken with the intention to insult and humiliate them
The Karnataka High Court held that merely mentioning an individual’s caste during an altercation with no intention to insult, would not attract the provisions of the SC/ ST Act