Showing 1939 articles
Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court
Mumbai: In a significant judgment, the Bombay High Court quashed an FIR under Section 498-A of the Indian Penal Code (IPC), highlighting that the complaint was an abuse of the legal illustration). Anita had filed an FIR (No. 3 of 2013) on March 1, 2013, at the RCF Police Station, alleging that Rajesh and his family…
Merely Being Customers In A Bar Where Women Are Dancing Does Not Attract Offense Of Obscenity: Bombay High Court
Bombay High Court Quashes Case Under Maharashtra Prohibition of Obscene Dance in Hotels, Restaurants and Bar Rooms and Protection of Dignity of Women (working therein) Act, 2016 In a significant ruling, the Bombay High Court has quashed the charges against four businessmen accused under the Maharashtra Prohibition of…
Recall, Re-Examination Of Witness Not Permissible In Absence Of Tangible Reasons: Meghalaya High Court
In a significant judgment, the High Court of Meghalaya at Shillong quashed an order allowing the recalling of a witness in a serious criminal case involving Section 326 and Section 302 of the Indian Penal Code (IPC). The judgment, delivered on July 22, 2024, in Crl. Rev. P. No. 18 of 2023, highlights the critical…
Court Upholds Conviction Of Boy Who Sexually Assaulted Minor Girlfriend After Making Her Unconscious: Meghalaya High Court
In a recent ruling, the Supreme Court has affirmed the conviction of an accused for aggravated sexual assault under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act) and Section 376(2) of the Indian Penal Code (IPC). This case underscores the severity of sexual offenses against minors and the…
SARFAESI ACT, District Magistrate Not Adjudicating Authority, Must Assist Secured Creditors In Asset Possession: Jharkhand High Court
Ranchi, July 4, 2024 — In a significant ruling, the High Court of Jharkhand has directed the Deputy Commissioner of East Singhbhum to promptly dispose of a pending application under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). This decision…
'Subsistence Of Valid Marriage Is Prerequisite For Passing Maintenance Orders U/S 125 Cr.P.C': Jharkhand High Court
Ranchi, July 22, 2024: In a significant ruling, the High Court of Jharkhand at Ranchi has overturned a maintenance order issued under Section 125 of the Code of Criminal Procedure (Cr.P.C.), clarifying key aspects of marital validity and maintenance entitlements. The case, Criminal Revision No. 1489 of 2022, involved…
Courts Can't Constantly Interfere And Micro-Manage Arbitral Proceedings: Bombay High Court
In a significant judgment, the High Court of Kerala has reaffirmed the protection and reliefs provided under the Protection of Women from Domestic Violence Act, 2005 for victims of domestic abuse. Case Overview The case, XYZ vs. State of Kerala, centers around the allegations of domestic violence brought forth by Mrs.…
Arbitrator's Findings As Per Evidence And Testimony Is Not Perverse, No Need To Interfere: Delhi High Court
In a significant judgment, the Delhi High Court has upheld an arbitral award in favor of the respondent, resolving a contentious dispute over the payment of Goods and Services Tax (GST) charges. The case, O.M.P. (COMM) 124/2022, revolved around the payment of GST on production charges claimed by the respondent and…
Large Number Of Cheque Bounce Cases Serious Concern, Courts Must Encourage Compounding If Parties Are Willing: Supreme Court
New Delhi, July 11, 2024: In a significant ruling, the Supreme Court of India has set aside the conviction of the appellants in the case concerning Section 138 of the Negotiable Instruments Act, following a settlement agreement between the parties. The case, Criminal Appeal No. 2948 of 2024, arose from a complaint…
Magistrate's Clear Application of Mind Necessary For Issuance of Summons Under Section 138 Of NI Act: Delhi High Court
New Delhi, July 12, 2024 – In a recent judgment, the Delhi High Court highlighted the need for meticulous application of judicial mind in cases under Section 138 of the Negotiable Instruments Act, 1881 (NI Act). Justice Anup Jairam Bhambhani emphasized that summoning orders should not be issued mechanically and must…
