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Bail Granted in SC/ST Act Case Filed After Nine-Year Delay; Court Flags Rape Victim’s ‘Inappropriate’ Conduct and Says Act Must Not Be Misused: Allahabad High Court
The Allahabad High Court recently granted bail to two appellants, Aznan Khan and Furkan Ilahi, in a case involving allegations of rape and offences under the SC/ST Act 1989. The Court made important comments stating that the rights provided to a victim under the special legislation “should not be misused and abused”.…
State Directed to Publicize Prohibitory Orders under Section 144 CrPC Online, Citing the ‘Era of Social Media’: Gujarat High Court
The Gujarat High Court has held that prohibitory orders issued under Section 163 BNSS (earlier Section 144 CrPC) must be widely publicized on social media platforms to ensure the public is fully aware of restrictions on the assembly of four or more persons. The Court stressed that publication only in the official…
Divorce Upheld on Basis of Photographs Alleging Wife’s Adultery; Court Says Section 65B Certificate Not Mandatory: Madhya Pradesh High Court
The Madhya Pradesh High Court has upheld a divorce decree granted by a Family Court in favour of the husband after relying on photographs showing the wife committing adultery. The Court clarified that the Indian Evidence Act, 1872 is not strictly applicable in matrimonial matters and Family Courts are empowered to…
Criminal Courts Directed to Obtain Accused’s Endorsement Confirming Supply of Case Materials Before Commencement of Trial: Kerala High Court
The Kerala High Court has issued an important direction to all Criminal Courts in the District Judiciary, instructing them to secure an endorsement from the accused or the accused’s counsel confirming compliance with Rule 19(4) of the Criminal Rules of Practice in Kerala, 1982 before fixing dates for examination of…
Father Cannot Be Denied Custody Merely for Failing to Produce Minor Child’s Birth Certificate: Orissa High Court
The Orissa High Court has ruled that a father cannot be denied custody of his minor child merely because he failed to submit documents like a birth certificate or death certificate to prove paternity. The judgment came in the case Ramakanta Majhi v. Santan Majhi & Anr., where the Court stressed that the welfare of the…
Plea to Consolidate Cheating FIRs Against Adarsh Credit Co-operative Dismissed; ₹5,000 Cost Imposed for Repeated Filings: Madhya Pradesh High Court
The Madhya Pradesh High Court has dismissed a writ petition filed by Rahul Modi, who sought consolidation of several FIRs and a unified investigation against Adarsh Credit Co-operative Society Limited (ACCSL). The Court held that the petition was not maintainable because the petitioner had earlier withdrawn an…
Fresh Inquiry Ordered into Alleged Wrong Knee Surgery, Court Cites Violation of State Clinical Establishments Law: Chhattisgarh High Court
The Chhattisgarh High Court has granted important relief to petitioner Mrs. Shobha Sharma, who complained that doctors operated on the wrong knee and that the inquiry into her complaint was conducted by an improperly formed committee. The Court examined whether the enquiry process followed by authorities complied with…
Distributing Bibles and Preaching Religion Not a Crime; Court Criticises UP Police for Overreach in Conversion Case: Allahabad High Court
In a significant development, the Allahabad High Court has clarified that the simple act of distributing the Bible or preaching Christianity does not amount to any offence under the Uttar Pradesh Prohibition of Unlawful Conversion of Religion Act, 2021. The Court strongly criticized the actions of the Uttar Pradesh…
Declaring an Account as NPA on the 90th Day of Irregularities Is in Compliance with RBI Norms under the Banking Regulation Act: Delhi High Court
The Delhi High Court has held that a bank’s decision to classify an Overdraft or Cash Credit account as a Non-Performing Asset (NPA) on the 90th day of continuous irregularity is not premature. The Court clarified that the RBI’s Prudential Norms issued under Section 21 and Section 35A Banking Regulation Act, 1949 give…
Arrest under Section 35 BNSS Is an ‘Individualized Act’; Distinct, Material-Backed Reasons Mandatory for Each Accused: Bombay High Court
In a major ruling on the interpretation of Section 35 BNSS, the Bombay High Court has held that arrest is an individual act, not a group-based action. The Court declared the arrest of corporate executive Chandrashekhar Bhimsen Naik illegal, stating that police cannot justify multiple arrests by giving common or…