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Allowing Retention Of Seized Property Without Strictly Following PMLA Undermines Purpose Of Procedural Safeguards: Delhi High Court
The Delhi High Court has ruled that any seizure or retention of property under the Prevention of Money Laundering Act, 2002 (PMLA) must strictly adhere to the procedural safeguards laid out under Section 20. Failing to do so would not only undermine the legislative purpose but also violate individual rights and…
Non-Disbursal Of Sanctioned Loan Does Not Amount To Abetment To Suicide: Bombay High Court
The Bombay High Court Bench at Aurangabad has held that employees of a finance company cannot be held criminally liable for abetment of suicide under Section 306 of the Indian Penal Code, simply because they delayed the disbursal of a sanctioned loan, demanded processing fees, or accepted one advance instalment,…
S.482 BNSS | Anticipatory Bail Applications Maintainable Before HC Even If Parties Did Not Approach Sessions Court First: Kerala High Court
The Kerala High Court, in a detailed judgment involving interpretation of Section 438 of the Code of Criminal Procedure (CrPC), has clarified that applications for anticipatory bail can be filed directly before the High Court without first approaching the Sessions Court. This comes amidst ongoing legal debate…
State Refusing To Take Responsibility For Smooth Functioning Of Bengali Film Industry, Trying To Evade Accountability: Calcutta High Court
The Calcutta High Court, in a significant order underlining the limits of State responsibility under Article 162 of the Constitution of India, has strongly criticised the Government of West Bengal for its failure to effectively intervene and resolve an ongoing impasse in the Bengali film industry (Tollywood). The…
Sharp Decline In Husband's Declared Income Indicates Attempt To Understate Financial Capacity In Maintenance Cases: Delhi High Court
The Delhi High Court, in a significant decision concerning interim maintenance under Section 125 of the Code of Criminal Procedure (CrPC), upheld a family court’s order directing a husband, an advocate by profession, to pay ₹25,000/- per month as interim maintenance to his wife and minor child. The Court ruled that a…
Plea Alleging Violation Of Pollution Norms At Isha Foundation Dismissed: Madras High Court
The Madras High Court, in a recent judgment, dismissed a writ petition filed by a private landowner who alleged that Isha Foundation was illegally discharging sewage and effluents into his adjacent farmland in violation of environmental norms. The case has raised important questions under the Water (Prevention and…
Homemaker's Efforts Help Husband Build Assets, But No Law Grants Her Ownership Rights: Delhi High Court
Delhi High Court recently dealt with a significant issue involving ownership rights in matrimonial property and the role of a homemaker under the framework of the Transfer of Property Act, 1882 and the Hindu Marriage Act, 1955. The case has brought renewed attention to the legal vacuum regarding non-financial…
Facilitate Temple Darshan For Persons With Disabilities, Consider Fixing Specific Days/Time Slots: Kerala High Court
The Kerala High Court, in a landmark judgment under the Rights of Persons with Disabilities Act, 2016, issued a set of mandatory directions to four major Devaswom Boards in the state to facilitate temple darshan for persons with disabilities (PWDs). The judgment was delivered by a Division Bench comprising Justice…
Anticipatory Bail Granted In Rape Case, Court Notes Prosecutrix’s History Of Filing Similar Complaints: Telangana High Court
In a significant judgment delivered by the Telangana High Court, anticipatory bail was granted to a doctor accused of rape under Section 64(1) of the Bharatiya Nyaya Sanhita (BNS). The Court, while recognizing the seriousness of the charge, also considered the complainant's history of filing similar complaints in the…
CAG Report Can't Impose Financial Liability Without Due Adjudication, FCI's Recovery Against Flour Mills Quashed: Jammu & Kashmir High Court
In a key ruling, the Jammu and Kashmir and Ladakh High Court has held that audit reports prepared by the Comptroller and Auditor General of India (CAG), though constitutionally significant, cannot be used as conclusive proof to impose financial liabilities on private entities without independent technical assessment…