Showing 8273 articles
S.179(1) BNSS | Police Cannot Compel Presence Of 'Any Person' Acquainted With Case As Matter Of Right: Andhra Pradesh High Court
In a significant ruling, the Andhra Pradesh High Court has clarified that the power granted to a Police Officer under Section 179(1) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to secure the presence of “any person” is territorially limited. The Court held that a police officer can summon only those persons…
Mere Recovery Of Money From Accused Does Not Amount To Bribery In Absence Of Demand: Himachal Pradesh High Court
The Himachal Pradesh High Court, in a significant judgment, has upheld the acquittal of a Forest Officer accused of accepting a bribe of Rs. 3,000, reiterating that mere possession of tainted currency is not sufficient to secure conviction under the Prevention of Corruption Act, 1988, without proof of demand and…
Inspection Of Preclinical Drug Testing Facility Ordered In PETA's Plea Alleging Animal Abuse: Delhi High Court
In a significant development under the Prevention of Cruelty to Animals Act, 1960, the Delhi High Court has directed the formation of a three-member inspection team to examine a preclinical drug testing facility accused of abuse and neglect of animals, including beagle dogs and mini pigs. The order was passed by…
S.198B CrPC | Cognizance Of Rape U/S 376B IPC Can Be Taken Only Upon Complaint By Separated Wife, Not On Police Report: Kerala High Court
In a vital interpretation of Section 198B of the Code of Criminal Procedure, the Kerala High Court has quashed criminal proceedings against a man who was accused of raping his separated wife, ruling that cognizance of the offence under Section 376B of the Indian Penal Code (IPC) was taken without legal basis. Justice…
Order Of Re-Investigation Must Come From Superior Court Like HC, Magistrate Not Empowered To Do So: Punjab & Haryana High Court
In a detailed and significant judgment, the Punjab & Haryana High Court has clarified that the power to order a re-investigation or de novo investigation lies exclusively with superior courts like the High Court or Supreme Court, and not with Magistrates. This clarification was issued by Justice Jasjit Singh Bedi…
Able-Bodied Husband Cannot Refuse To Maintain Wife Merely Due To His Unemployment: Calcutta High Court
The Calcutta High Court, in a crucial ruling under Section 125 of the Code of Criminal Procedure, has reaffirmed that an able-bodied, young man cannot evade his legal obligation to provide maintenance to his wife simply by citing unemployment. Justice Ajoy Kumar Mukherjee, while hearing CRR 2556 of 2023, held that a…
S.53A Abkari Act | Violation Of Procedure For Drawing Samples Of Contraband Vitiates Prosecution: Kerala High Court
In a significant ruling under the Abkari Act, the Kerala High Court has acquitted a man who was earlier sentenced to four years rigorous imprisonment by the IV Additional Sessions Court, Thodupuzha. The High Court found that the prosecution failed to prove that the accused had ownership or possession of the property…
Guest Houses Occupied By DC, SSP To Be Vacated For Allotment To District Judges: Punjab & Haryana High Court
The Punjab and Haryana High Court, in a crucial ruling aimed at improving judicial infrastructure, has directed the Deputy Commissioner (DC) and Senior Superintendent of Police (SSP) of Malerkotla, Punjab, to vacate government guest houses presently in their occupation. These buildings are to be allotted for official…
'Lenient' Approach For Condoning Delay In Filing Written Statement Will Frustrate Purpose Of CPC: Delhi High Court
The Delhi High Court has held that civil courts must not adopt a lenient view while considering requests for condonation of delay in filing a Written Statement (WS) under Order VIII Rule 1 of the Civil Procedure Code, 1908 (CPC). The Court emphasised that timelines introduced through the CPC (Amendment) Act, 2002 must…
Refusal To Set Aside CCI Probe Against Asian Paints: Bombay High Court
The Bombay High Court, in a significant decision, refused to interfere with the Competition Commission of India’s (CCI) directive for a fresh investigation against Asian Paints Limited for allegedly abusing its dominant market position, in a case filed by Grasim Industries Limited (Birla Opus Paints). The order was…
