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Section 202 CrPC Objection Cannot Be Raised at Final Arguments to Derail Cheque Bounce Trial: Jammu & Kashmir and Ladakh High Court
The High Court of Jammu & Kashmir and Ladakh has held that an accused cannot challenge an alleged procedural defect at the final stage of a criminal trial after actively participating in the proceedings for several years. In Aijaz Ahmad Bhat v. Nisar Ahmad Malik, the Court dismissed a petition challenging the…
Travel Expenses of Independent Advocate Serving as Special Public Prosecutor Must Be Paid by the State: Madras High Court
The Madras High Court has upheld an earlier order directing the Tamil Nadu Government to reimburse the travel expenses and clear any pending professional fees payable to advocate B. Mohan, who served as a Special Public Prosecutor in a sensitive criminal case. The Court observed that when an advocate performs an…
Right to Be Forgotten | Petitioner's Identity to Be Masked From Online Court Records: Bombay High Court
The Nagpur Bench of the Bombay High Court has delivered an important judgment protecting the privacy rights of individuals whose criminal proceedings have already come to an end. In the case of ABC v. State of Maharashtra & Ors., the Court held that once criminal proceedings are quashed and there is no larger public…
UP Apartment Act | Writ Petitions Not Maintainable for RWA Disputes; UP Government Directed to Frame a Grievance Redressal Mechanism: Allahabad High Court
The Allahabad High Court, Lucknow Bench, has held that writ petitions under Article 226 of the Constitution of India are not maintainable for resolving routine disputes relating to the day-to-day management of Resident Welfare Associations (RWAs). At the same time, the Court found a legislative gap in the Uttar…
PMLA | Vivo Executive's Plea to Travel to China Rejected; No Extradition Treaty With China Cited: Delhi High Court
The Delhi High Court has refused to permit a Chinese national and Vivo executive facing proceedings under the Prevention of Money Laundering Act, 2002 (PMLA) to travel to Guangzhou, China. The Court held that although humanitarian considerations deserve attention, they cannot override the need to ensure the presence…
SFI Activist Abhimanyu Murder Case | Trial Will Not Be Halted Pending Completion of Probe Against Those Accused of Harbouring the Offenders: Kerala High Court
The Kerala High Court has refused to stay the ongoing murder trial in the 2018 SFI activist Abhimanyu murder case, holding that the pendency of investigation against persons accused of harbouring the main accused is not a valid ground to halt the trial. The Court observed that delaying the proceedings would only…
Surrogacy Act | Age Limits Inapplicable if Intending Couple Froze Embryos Before the Law Came Into Force: Allahabad High Court
The Allahabad High Court has held that couples who had already started the surrogacy process before the enforcement of the Surrogacy (Regulation) Act, 2021 cannot be denied the opportunity of surrogacy merely because they have crossed the age limit prescribed under the new law. A division bench comprising Justice…
Murder Must Be Framed as the Main Charge and Section 304-B IPC as an Alternative if a Dowry Death Appears Homicidal: Allahabad High Court
The Allahabad High Court has issued an important direction for all trial courts in Uttar Pradesh regarding cases where a woman dies a suspicious or homicidal death inside her matrimonial home. The Court held that when investigation material shows a possibility of homicide, courts must frame the main charge under…
'Regulatory Compliance Cannot Be Ignored for Investor Gains': SEBI Action Against Kotak Mutual Fund in Essel Debt Case Upheld: Supreme Court
The Supreme Court has upheld the regulatory action taken by the Securities and Exchange Board of India (SEBI) against Kotak Mahindra Asset Management Company Ltd. (Kotak AMC), Kotak Mahindra Trustee Company Ltd. and several senior officials over violations relating to six Fixed Maturity Plans (FMPs) linked to debt…
Section 138 of the Negotiable Instruments Act, 1881 | Pushman International Proprietor Inder Singh Acquitted; Complainant Failed to Prove ₹5 Lakh Legally Enforceable Debt: Delhi Court
The Court of JMFC NI Act-03, Central, Tis Hazari Courts, Delhi has acquitted Inder Singh, proprietor of M/s Pushman International, in a cheque dishonour case filed by Virender Kumar under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881. The Court held that although the cheque and dishonour of…
