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POCSO Cases Involving Consensual Adolescent Relationships May Be Quashed to Prevent “Manifest Injustice”: Meghalaya High Court
The Meghalaya High Court delivered a significant judgment addressing the scope of quashing proceedings under the Protection of Children from Sexual Offences Act (POCSO Act). The case arose from a reference on whether proceedings under the POCSO law can be quashed based on consent using inherent powers under Section…
FIR Quashed in Alleged ‘Election Ticket’ Cheating Case Against Prahlad Joshi’s Brother: Karnataka High Court
The Karnataka High Court delivered an important ruling in a case involving allegations of cheating and misuse of criminal law under Section 61 Bharatiya Nyaya Sanhita, Section 318(4) Bharatiya Nyaya Sanhita, and provisions of the SC ST Act. The case was filed by Sri Gopal Joshi and others seeking quashing of an FIR…
Mother Allowed to Sell Minor’s Property for Education, Trial Court Order Set Aside: Allahabad High Court
The Allahabad High Court delivered an important judgment in a case concerning guardianship and property rights of a minor. The case was filed by Smt. Doli, a widow and mother of a minor girl Vanshika, who approached the Court seeking permission to sell her daughter’s share in joint family property. The appeal arose…
WhatsApp Notice Not Valid for Arrest Under Section 41A CrPC, Cop Convicted for Contempt Over Arnesh Kumar Guidelines Violation: Rajasthan High Court
The Rajasthan High Court recently convicted a police officer for contempt of court after the petitioner’s arrest was carried out solely based on a WhatsApp intimation, without issuing a valid notice as required under Section 41-A of the CrPC. Justice Praveer Bhatnagar emphasized that a WhatsApp message cannot…
Husband Has No Share in Wife’s Inherited Parental Property Under Hindu Succession Act: Andhra Pradesh High Court
The Andhra Pradesh High Court recently clarified the legal position regarding property inherited by a female Hindu from her parents under Section 15(2)(a) of the Hindu Succession Act 1956. The Court held that if such a female Hindu dies intestate, the property shall devolve upon her father’s legal heirs and not upon…
Fraudulent Insurance Claims with Staged Incidents Common, SIT Probe Ordered into Fake Fire Claim: Supreme Court
The Supreme Court of India has delivered a significant judgment on fraudulent insurance claims, holding that once fraud is established, no relief can be granted. The Court ordered a Special Investigation Team investigation into a fire incident and completely rejected the insurance claim made by the company. Background…
Conviction Upheld Under Section 138 Negotiable Instruments Act in Rohru: Himachal Pradesh High Court
In the High Court of Himachal Pradesh, Shimla, a criminal revision petition was filed by Gyaru Ram, challenging the judgment dated 29.02.2024, passed by the learned Additional Sessions Judge, Rohru, Himachal Pradesh. The Sessions Court had dismissed Criminal Appeal No.112-R/10 of 2023, thereby affirming the conviction…
Muslims Entitled to Seek Minor’s Custody Under Guardians and Wards Act: Allahabad High Court
The Allahabad High Court has clarified an important legal position that persons governed by Muslim personal law can seek custody of a minor under the Guardians and Wards Act 1890. The Court emphasized that the welfare of the child is the most important factor and overrides all personal law considerations. Background…
Only Government, Not Subordinate Authority, Can Impose Penalty After Superannuation as Per Rules: Orissa High Court
The Orissa High Court has delivered an important judgment clarifying that after retirement, only the Government has the authority to impose penalties in departmental proceedings. The Court held that subordinate authorities cannot pass such orders once an employee has superannuated, even if the proceedings were…
Incarceration Without Trial Amounts to Punishment, Bail Granted After Two Years of Undertrial Custody: Supreme Court
The Supreme Court of India has once again emphasized the importance of personal liberty and the right to speedy trial under Article 21 Constitution of India, holding that prolonged incarceration without trial amounts to punishment. The Court granted bail to the accused in a serious criminal case after noting a delay…
