Bombay High Court
Case BriefsHigh Courts

“Now-a-days people have become more sensitive about their religions may be than before and everybody wants to impress as to how his religion/God is supreme. Everybody should respect the religion, caste, creed etc. of another. But at the same time, if the person says that his religion is supreme, then the other person may not immediately react. There are ways and means to react on such sensitive issues.”

Uttaranchal High Court
Case BriefsHigh Courts

The Court opined that inherent jurisdiction under Section 482 of CrPC though wide should not be capriciously or arbitrarily exercised but should be exercised in appropriate cases to do real and substantial justice. Thus, quashing of charge sheet or setting aside summoning order on appreciation of evidence is not justified.

Allahabad High Court
Case BriefsHigh Courts

“It is clear that Section-125 CrPC is social justice legislation which orders for the maintenance of wives, children and parents and the legislature has provided in Sections-125(5) CrPC., 126 CrPC as well as Section-127 CrPC, certain conditions on fulfilling of which, order passed u/s 125 CrPC can be recalled or modified”

delhi high court
Case BriefsHigh Courts

Sexual violence against a woman should invite no tolerance, however, manipulating the system by the parties to a case under Section 376 IPC would equally need to be dealt with a stern hand and serious efforts should be made to address and remedy failings within the criminal justice system and through our society.

orissa high court
Case BriefsHigh Courts

“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”.

bombay high court
Case BriefsHigh Courts

The power of the High Court under Section 482 of the Criminal Procedure Code is of the widest amplitude, which can be exercised to secure ends of justice, unless barred by specific provision or by implication. Such power can be exercised to prevent unwanted harassment caused to a respondent with the application of rigour of the Criminal Procedure Code.

Calcutta High Court
Case BriefsHigh Courts

While quashing the impugned criminal proceeding against the petitioners, the Court held that a defaulter borrower holds the secured asset only in trust or symbolic possession and even if the petitioners have entered the said property, the same cannot be marked out as trespassers in other’s’ property.

Allahabad High Court
Case BriefsHigh Courts

Allahabad High Court said that, since the trial in question is of 2015, therefore, the precaution to that effect, which has been taken by the Trial Court, is appreciated, but in the light of such precaution, a single opportunity to cross-examine prosecution witness may not be denied

Case BriefsSupreme Court

“The exercise of inherent power of the High Court is an extraordinary power which has to be exercised with great care and circumspection before embarking to scrutinise the complaint/FIR/charge-sheet in deciding whether the case is the rarest of rare case, to scuttle the prosecution at its inception.”