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Not Lawful for Magistrate to Direct Preliminary Inquiry Into Sexual Assault Allegations in Section 156(3) CrPC Application: Allahabad High Court
In a recent judgment, the Allahabad High Court emphasized that a Magistrate handling an application under Section 156(3) of the Criminal Procedure Code (CrPC) cannot order a preliminary investigation or rely on a police report favoring the accused, especially in cases involving allegations of sexual assault. This…
Not Every Nude Painting is Obscene: Customs Admonished for Confiscating 7 Artworks: Bombay High Court
In a landmark ruling, the Bombay High Court recently ordered the release of seven paintings by eminent Indian artists Francis Newton Souza and Akbar Padamsee, which had been confiscated by customs officials on grounds of obscenity. The Court sharply admonished the customs department for their subjective assessment of…
Anticipatory Bail Pleas for Offences Punishable by Death Not Entertained by UP Courts Due to State Amendment: Allahabad High Court
In a significant ruling, the Allahabad High Court has held that the Code of Criminal Procedure (Uttar Pradesh Amendment) Act 2018 bars the grant of anticipatory bail in cases where the offense is punishable by a death sentence. This interpretation was delivered by a bench comprising Justice Vivek Chaudhary and Justice…
Withdrawal of Cheque Bounce Complaint Makes Continuing Proclamation Proceedings Under Section 174A IPC an Abuse of Power: Punjab & Haryana High Court
In a recent ruling, the Punjab & Haryana High Court has clarified that once a cheque bounce case under Section 138 of the Negotiable Instruments Act is amicably settled and withdrawn, further proceedings under Section 174-A of the Indian Penal Code (IPC) constitute an "abuse of the process of law." This decision was…
Senior Advocate Vivek Tankha’s Defamation Case Against Union Minister Shivraj Singh Chouhan and Two Others Not Quashed: Madhya Pradesh High Court
In a significant ruling, the Madhya Pradesh High Court dismissed a plea by Union Minister Shivraj Singh Chouhan and two others challenging a magisterial court's order to take cognizance of a criminal defamation complaint filed by Vivek Tankha, a senior advocate and Member of Parliament. The complaint arose from…
Section 498-A IPC | Matrimonial Dispute Does Not Constitute Moral Turpitude; Cannot Obstruct Spouses’ Right to Education: Bombay High Court
In a significant ruling, the Bombay High Court addressed the right to education for in-service medical officers amidst ongoing criminal proceedings. The case revolved around Dr. , a Medical Officer challenging the cancellation of his No Objection Certificate (NOC) for admission to the All India Ayush Post Graduate…
Civil Judge Expelled for Alleged Misconduct with Court Staff Reinstated: Punjab & Haryana High Court
The Punjab & Haryana High Court has reinstated Sangeet Pal Singh, an Additional Civil Judge in Punjab, who was expelled from service in 2015 over allegations of abusing an Ahlmad (court clerk) and failing to process the Ahlmad's promotion appeal. Judges Sureshwar Thakur and Sudeepti Sharma examined the case and found…
Birth Registration Cannot Be Denied to Children from Invalid Marriages: Himachal Pradesh High Court
The Himachal Pradesh High Court has made a landmark ruling affirming that children born from unregistered or legally invalid marriages cannot be denied their birth registration rights. This significant judgment, delivered by Justice Jyotsna Rewal Dua, highlights the importance of protecting the rights of children…
“Detainee Awaited at Home for Diwali”: Bail Granted to Mother-Son Duo Allegedly Illegally Detained in Fraud Case: Punjab & Haryana High Court
In a notable judgment, the Punjab & Haryana High Court granted bail to a mother and son accused in an alleged fraud case where they were reportedly illegally detained. The case has raised significant questions regarding police conduct and the conversion of a civil dispute into a criminal matter. Background of the Case…
Challenge to Nine-Year-Old Appointment by New Petitioners Not Permissible If Previous Petitions Were Dismissed Due to Delay: Kerala High Court
In a significant ruling, the Kerala High Court addressed the complexities surrounding the appointment of Dr. K. Jayaprasad as a Professor at the Central University of Kerala. A Division Bench, comprising Justice Anil K. Narendran and Justice P.G. Ajithkumar, dismissed a writ appeal challenging the earlier decision of…
