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Presumption of Guilt Under the POCSO Act Is Not Automatic; Prosecution Must Prove the Offence Through Reliable Evidence: Delhi High Court
The Delhi High Court has issued an important clarification regarding the presumption of guilt under Section 29 of the Protection of Children from Sexual Offences (POCSO) Act, 2012. The Court stated that this presumption does not arise automatically just because an accused is facing trial under this Act. The Court…
Wife's Inability to Prove Cruelty Does Not Necessarily Mean She Left the Matrimonial Home Without Reason: Gujarat High Court
The Gujarat High Court has clarified an important legal point regarding maintenance claims under Section 125 of the Criminal Procedure Code (CrPC). The court held that if a wife fails to prove allegations of cruelty, it does not automatically mean she left the matrimonial home without valid reason. Each case must be…
Cheque Dishonour | Defence That the Complainant Lacks Financial Capacity Should Be Raised in the Accused's Reply Notice: Supreme Court
The Supreme Court has clarified an important legal principle regarding cases under Section 138 of the Negotiable Instruments Act, 1881. The court held that the defense claiming that the complainant lacked the financial capacity to lend the loan should be specifically raised by the accused in their reply to the…
Trial Court Cannot Examine Witnesses at the Pre-Cognizance Stage to Generate Fresh Evidentiary Material: Allahabad High Court
The Allahabad High Court has delivered an important judgment clarifying the limits of a trial court’s powers before taking cognizance of a case under Section 190 of the Criminal Procedure Code (CrPC). The Court held that a trial court cannot examine a witness at the pre-cognizance stage just to produce fresh…
Central Excise | Mere Grouping and Unpacking Do Not Attract Excise Duty; Revenue's ₹17.86 Crore Demand Against Xerox Dismissed: Supreme Court
The Supreme Court has delivered an important judgment clarifying the scope of “manufacture” under the Central Excise Act, 1944. The case involved the Department of Revenue raising a demand of ₹17.86 crore against Xerox India Ltd. for activities related to grouping and unpacking imported photocopier modules before…
Acquitted Woman’s Name Ordered to Be Masked from Google and Indian Kanoon; Right to Digital Privacy Upheld: Karnataka High Court
The Karnataka High Court has recently passed a landmark order emphasizing the importance of digital privacy and the right to be forgotten for individuals who have been acquitted in criminal cases. The Court directed Google, Indian Kanoon, and court authorities to mask the identity of a woman who was acquitted in a…
FIR Alleging Husband Used Drugs and Black Magic to Induce Interfaith Marriage Quashed: Rajasthan High Court
The Rajasthan High Court has recently quashed an FIR filed against a man accused of various offences, including rape, cheating, and criminal conspiracy. The Court took this decision after examining the facts and found that the couple involved was legally married under the Special Marriage Act and had lived together…
Pre-2015 Contractual Unilateral Arbitrator Appointments Remain Valid in Execution Proceedings: Bombay High Court
In a landmark judgment, the Bombay High Court has clarified the legal standing of unilateral arbitrator appointments made before 23 October 2015. The Court ruled that such appointments, if made under the authority of the arbitration agreement, remain valid and enforceable in execution proceedings. This ruling provides…
Medical Expert Panel Report Is Only Evidence, Not a Final Finding in a Negligence Case: Kerala High Court
The Kerala High Court has delivered a crucial judgment emphasizing that a medical expert panel's report is merely expert evidence and cannot be considered as a conclusive finding of guilt or negligence. The case involved a dispute over allegations of medical negligence in treatment provided to a young girl, which…
Punjab SPO Awarded ₹5 Lakh Compensation After Discharge Over Pending Criminal Case: Supreme Court
In a landmark judgment, the Supreme Court has declared that a government employee cannot be dismissed or discharged solely because there is an ongoing criminal case against him. The court emphasized that the mere pendency of criminal proceedings does not justify removal from service. This ruling was delivered while…
