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Reliable Testimony of Witness Cannot Be Discarded Solely Due to Relationship With Victim; Murder Conviction Upheld: Allahabad High Court
The Allahabad High Court has held that the testimony of eyewitnesses who are close family members of a murder victim cannot be discarded merely because of their relationship with the deceased. The Court observed that close relatives are natural witnesses and are generally the last persons who would falsely implicate…
Law Student Accused of Facilitating Cricket Betting Syndicate Granted Bail; No Money Trail Found: Gujarat High Court
The Gujarat High Court has granted regular bail to law student Ankitkumar Ramchandra Padhiyar (Mali) in a criminal case alleging cheating, forgery, criminal conspiracy and illegal financial transactions connected with cricket betting. The order was passed by Justice Hasmukh D. Suthar, who observed that although the…
Family Courts Can Recognise Valid Extra-Judicial Talaq When It Is Not Disputed; Couple Declared Divorced: Allahabad High Court
The Allahabad High Court has held that a Family Court has the jurisdiction to formally declare the matrimonial status of Muslim spouses as "divorced" where a valid extra-judicial Talaq-e-Hasan has already taken effect under Muslim Personal Law and the divorce is not disputed by either spouse. The Court observed that…
S. 34 IPC | Proof of 'Prior Concert' Essential to Convict With Aid of 'Common Intention'; Man Acquitted in 1987 Murder Case: Allahabad High Court
The Allahabad High Court has ruled that a conviction under Section 34 IPC cannot be sustained unless the prosecution proves that the accused acted with a prior concert and pursuant to a prearranged plan. Holding that mere presence at the scene or suspicion is not enough to establish common intention, the Court…
Death of Weaver Cannot Be a Ground to Deny Housing Colony Quarter to His Widow; Weaving Is a Hereditary Art: Allahabad High Court
The Allahabad High Court has ruled that once the Government has decided to transfer residential quarters in a weavers' colony to the occupant-weavers in possession, the death of the original allottee cannot be used as a ground to deny the same benefit to his widow. The Court observed that weaving is a hereditary…
Private Crypto Dispute Does Not Become a Public Law Issue Merely Because Many Investors Are Involved: Delhi High Court
The Delhi High Court has dismissed an appeal filed by users of the cryptocurrency exchange BitBNS, holding that disputes relating to withdrawal restrictions, alleged fund mismanagement and compensation are private commercial disputes and cannot be converted into public law proceedings merely because a large number of…
Cheque Bounce Cases: Sections 138 and 147 of the Negotiable Instruments Act, 1881 Explained; Guidelines Issued on Compounding of Offences: Supreme Court
In a landmark judgment, the Supreme Court has laid down important guidelines regarding the settlement of cheque bounce cases under Section 138 of the Negotiable Instruments Act, 1881. The Court held that although cheque dishonour cases can be settled at any stage under Section 147 of the Negotiable Instruments Act,…
Failure to Explain Wife's Death in Matrimonial Home Completes Chain of Guilt; Husband and In-Laws' Murder Conviction Upheld: Allahabad High Court
The Allahabad High Court has held that where a woman dies an unnatural death inside her matrimonial home and the prosecution establishes a complete chain of circumstantial evidence pointing towards the guilt of the accused, the burden shifts upon the inmates of the house under Section 106 of the Indian Evidence Act,…
Buyer or Seller Need Not Be Present Together for Sale Deed Registration in Uttar Pradesh; Appeal Against Specific Performance Decree Dismissed: Allahabad High Court
The Allahabad High Court has held that under the Registration Act, 1908 as applicable in Uttar Pradesh, the physical presence of both the buyer and the seller is not mandatory at the time of execution and registration of a sale deed. The Court clarified that the Uttar Pradesh amendment to Section 32A of the…
School Employee's Suspension Automatically Ends If Education Director's Approval Is Not Granted Within 15 Days: Delhi High Court
The Delhi High Court has authoritatively interpreted Section 8(4) of the Delhi School Education Act, 1973, holding that the suspension of an employee of a recognised private school automatically comes to an end if the Director of Education does not grant approval within 15 days. The Full Bench further clarified that…
