Showing 10525 articles
'Sexual Gestures' Of Accused Must Be Discernible From FIR, Final Report Or Other Material: Kerala High Court
The Kerala High Court has quashed a case against Arun S., who was accused of performing sexual gestures in public that degraded the dignity of women, under Section 119(1)(a) of the Kerala Police Act, 2011 (Kerala Police Act). Case Details: Petitioner: Arun S. Respondent: State of Kerala Court Order Analysis: The court…
Imposing Condition To Furnish Bank Guarantee While Granting Bail Illegal: Karnataka High Court
In a significant ruling, the High Court of Karnataka at Bengaluru has set aside a contentious bail condition requiring the accused to furnish a bank guarantee. The decision, delivered by Hon’ble Mr. Justice M. Nagaprasanna on July 9, 2024, has provided relief to Vaibhavaraj Utsav, who was implicated in a case of fund…
'Forum Hunting', Court Imposes Cost On Man For Filing Quashing Plea After Withdrawing Revision Petition In Cheque Bounce Case: Punjab & Haryana High Court
The Punjab and Haryana High Court recently dismissed a petition filed by Kunal Puri challenging a complaint registered against him under the Negotiable Instruments Act. Highlights of the Case: Negotiable Instruments Act: This act deals with dishonored cheques (bounced cheques). Challenge to Complaint: Puri contested…
Trial Courts Must Be Cautious In Accepting Dock Identification Of Stranger Accused By Witness Without Test Identification Parade : Supreme Court
In a landmark judgment, the Supreme Court of India has emphasized the significance of Test Identification Parade (TIP) in criminal proceedings, particularly in cases where the accused is unknown to the witnesses prior to the incident. The judgment, delivered by Justices Sudhanshu Dhulia and Prasanna B. Varale, has…
Court Issues Notice To Karnataka Govt On Plea Against Withdrawal Of National Education Policy: Calcutta High Court
The High Court of Calcutta has issued a landmark judgment in a case between M/s Zillion Infraprojects Pvt Ltd (Zillion) and Bridge and Roof Co (India) Ltd (Bridge and Roof) regarding unfair arbitration clauses in subcontract agreements. The judgment sheds light on the rights of subcontractors in construction projects…
Woman's Partner In Live-In Relationship Cannot Be Prosecuted For Offence Of Cruelty U/S 498A IPC: Kerala High Court
In a significant ruling, the High Court of Kerala at Ernakulam has quashed all further proceedings in a criminal case involving allegations under Section 498(A) of the Indian Penal Code (IPC). The case, Crl.M.C No. 2654 of 2024, arose from Crime No. 939/2023 registered at Quilandy Police Station, Kozhikode. Details of…
Forgery Of Will, Criminal Proceedings Cannot Be Obliterated Merely Because An Issue Appears To Be Civil In Nature: Karnataka High Court
The Karnataka High Court has dismissed a petition filed by Vanitha, wife of the late Mani, and Venkatesh M., son of Mani, challenging a First Information Report (FIR) registered against them for alleged forgery and cheating. Sections 420 & 468 of the Indian Penal Code (IPC) were invoked in the FIR which was registered…
Court Refers Contempt Case Against Advocate General To Larger Bench Amid Claims Of False Affidavits, Procedural Complexities: Jharkhand High Court
The High Court of Jharkhand, presided over by Justice Sanjay Kumar Dwivedi, has raised critical questions regarding the procedure to be followed in contempt of court cases. This comes in light of the apparent contradictions between the Supreme Court’s rulings and a previous decision by the Division Bench of the same…
Discharge Of Debt By Drawer To Be Determined At Trial, Can't Be Ground For Quashing Cheque Bounce Case U/S 138 NI Act: Jharkhand High Court
Moina Khatoon, a resident of Ramgarh, Jharkhand, recently faced a setback in the High Court of Jharkhand after their petition to quash a cheque bounce case against them was dismissed. The Case: Khatoon had issued a cheque of Rs. 80,000 to Abhishek Kumar Verma for the purchase of cement. However, when Verma presented…
Non-Custodial Parent Must Have Visitation Rights To Ensure Contact With Child, Joint Parenting A Norm: Delhi High Court
In a recent judgment, the High Court of Delhi has ruled on a child custody dispute between Amit Sharma and Sugandha Sharma. The court determined that granting interim custody to the father, Amit Sharma, would not be in the child's best interest at this stage. The Case Couple: Amit Sharma and Sugandha Sharma Marriage:…