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Domestic Incident Report Alone Cannot Determine Whom to Summon in Domestic Violence Cases: Delhi High Court
The Delhi High Court has held that a Domestic Incident Report (DIR) cannot be treated as the sole basis for deciding whether respondents should be summoned in proceedings under the Protection of Women from Domestic Violence Act, 2005. The Court ruled that while the DIR is an important document, it cannot replace or…
High Courts Cannot Reassess Factual Findings Under Article 226; Certiorari Jurisdiction Is Supervisory: Supreme Court
The Supreme Court has held that while exercising powers under Article 226 of the Constitution of India, a High Court cannot interfere with factual findings recorded by a civil appellate court merely because it takes a different view of the evidence. The Court clarified that interference is permissible only where there…
Order Directing FIR Against Three Police Officers in Ponnani Rape Case Upheld: Kerala High Court
The Kerala High Court has held that allegations of rape and sexual assault against police officers cannot be treated as acts committed in the discharge of official duty for the purpose of claiming protection under Section 175(4) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court ruled that such…
Criminal Complaint Directed Against Petitioner and Advocate Over Forgery Allegations in PIL: Allahabad High Court
The Allahabad High Court has directed the filing of a criminal complaint against advocate Ashraf Ali and petitioner Sangeeta Gupta after a forensic examination of disputed signatures filed during the hearing of a Public Interest Litigation (PIL). The Court observed that there was prima facie material indicating that…
POCSO | Penetration Cannot Be Inferred Solely From Alleged Bleeding When Medical Report Shows No Injury: Allahabad High Court
Title POCSO Act: Allahabad High Court Says Absence of Injury Alone Does Not Disprove Sexual Assault, Alters Conviction from Section 6 of the POCSO Act to Section 10 of the POCSO Act Background of the Case The Allahabad High Court has held that the absence of injuries on the victim's body does not automatically…
SHO Cannot Act Like a ‘Post Office’ While Filing Chargesheet; Proceedings Against Police Officer Restored: Rajasthan High Court
The Rajasthan High Court has ruled that a Station House Officer (SHO) cannot mechanically forward a charge sheet to the court without independently examining the investigation records and evidence. The Court observed that supervisory responsibility is a vital part of an SHO's official duties and restored criminal…
Wrong Cheque Details Explained to Accused Vitiated Trial; Jail Term Set Aside, ₹3 Lakh Compensation Upheld: Calcutta High Court
The Calcutta High Court has partly allowed a criminal revision petition filed by Shri Sudipta Ghosh, setting aside the six-month jail sentence imposed in a cheque dishonour case after finding a serious procedural defect during the criminal trial. However, the Court upheld the direction to pay ₹3 lakh as compensation…
Love Marriage Makes Dowry Demand Allegation Prima Facie Difficult to Believe; Husband Granted Bail: Karnataka High Court
The Karnataka High Court has granted regular bail to the accused husband in an alleged dowry death case while observing that the marriage between the accused and the deceased was a love marriage performed with the consent of both families. The Court held that, at the present stage of considering the bail application,…
Refund Clause in Agreement to Sell Does Not Bar Purchaser's Right to Seek Specific Performance: Supreme Court
The Supreme Court of India has ruled that a clause in an agreement to sell providing for refund of earnest money in case of non-execution of the sale deed does not automatically release the seller from the obligation to complete the sale. The Court held that a buyer can still seek specific performance of the contract…
All States and Union Territories Directed to Frame Compassionate Release Policy for Elderly and Terminally Ill Prisoners Within Three Months: Supreme Court
The Supreme Court of India has delivered a significant judgment protecting the constitutional right to live with dignity by directing every State and Union Territory to formulate a comprehensive policy for the early or compassionate release of elderly and terminally ill prisoners within three months. The Court held…
