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Preparing Joint Consent Memo to Search Both Accused Violates Mandatory Requirement Under Section 50 NDPS Act: Himachal Pradesh High Court
The Himachal Pradesh High Court, in a significant ruling on procedural safeguards under the Narcotic Drugs and Psychotropic Substances Act, 1985, has held that each accused person must be separately informed of their legal right under Section 50 of the NDPS Act. The Court stressed that issuing a joint memo of consent…
Release Under Section 436A CrPC Not Automatic Even When Offence Doesn't Involve Death Penalty: Delhi High Court
In an important clarification on the scope of Section 436A of the Criminal Procedure Code (CrPC), the Delhi High Court has ruled that release on bail under this provision is not automatic, even in cases where the alleged offence does not carry the death penalty. The Court emphasized that judicial discretion remains…
Bank of India Order Classifying Naresh Goyal's Loan Account as 'Fraud' Quashed: Bombay High Court
In a significant ruling that reinforces the principles of natural justice in banking procedures, the Bombay High Court has quashed a fraud classification order and show cause notice issued by the Bank of India against Naresh Jagdishrai Goyal, founder of Jet Airways, for failing to follow due process before branding…
Warning of Costs for Filing Petitions Without Jurisdiction: Delhi High Court
In a strongly worded judgment, the Delhi High Court has deprecated the growing trend of filing writ petitions in matters where jurisdiction clearly lies with the Central Administrative Tribunal (CAT). The Court warned that it may soon begin imposing costs, even when such petitions are withdrawn, to deter this misuse…
Inimical Relationship Between Victim and Accused Requires Cautious Evaluation; Acquittal in Molestation Case Upheld: Himachal Pradesh High Court
In a judgment reaffirming the need for judicial caution in evaluating testimony where animosity exists, the Himachal Pradesh High Court has upheld the acquittal of an accused, Rajesh Kumar, in a molestation case. The Court observed that when the victim admits to having non-cordial or inimical relations with the…
State Directed to Frame Guidelines for HIV Testing and Treatment of Prison Inmates: Jharkhand High Court
In a significant step towards the protection of health rights of inmates, the Jharkhand High Court has directed the State Government to formulate and implement comprehensive guidelines for HIV testing and treatment of prisoners, strictly in accordance with the HIV and AIDS (Prevention and Control) Act, 2017. The Court…
Special Marriage Act | State Directed to Modify Software to Include Actual Date of Ceremony in Marriage Certificate: Kerala High Court
Title: Special Marriage Act, 1954 - High Court Directs Inclusion of Actual Marriage Date in Certificate Issued Through PEARL Software Marriage certificate must reflect actual date of ceremony: Kerala High Court In a significant judgment under the Special Marriage Act, 1954, the Kerala High Court has directed the State…
High Courts Should Discourage Direct Filing of Anticipatory Bail Pleas, Direct Parties to Approach Sessions Court First: Supreme Court
The Supreme Court of India has once again cautioned High Courts against the practice of directly entertaining anticipatory bail applications. The bench, comprising Justice Vikram Nath and Justice Sandeep Mehta, emphasized that litigants should ordinarily be directed to first approach the Sessions Court before invoking…
False Cases Tarnish Reputation, Courts Must Scrutinize Complaints; Rape Case Against Retired Army Officer Quashed: Delhi High Court
The Delhi High Court, presided over by Justice Amit Mahajan, has quashed a rape and sexual assault FIR against Lt General Inderjit Singh AVSM VSM (Retired). The Court noted that the allegations were “inherently absurd” and lacked any credible evidence, stating that continuing the trial would amount to an abuse of the…
Trial Court Cannot Take Cognizance of Offence Not Mentioned in Chargesheet Solely Based on Private Witness's Affidavit: Supreme Court
The Supreme Court of India, in a judgment delivered by a bench comprising Justice Ahsanuddin Amanullah and Justice SC Sharma, has held that a trial court cannot take cognizance of additional offences, such as under Section 394 of the Indian Penal Code (IPC), solely based on affidavits filed by private witnesses. The…
