Criminal Law – Writ of Habeas Corpus - Illegal Detention – Violation of BNSS – Habeas Corpus Allowed – The detenue was arrested on 24.02.2025 and produced before the Magistrate on 25.02.2025 – Magistrate initially returned the remand report due to failure to provide arrest intimation under Section 47(1) of BNSS – Arrest intimation allegedly sent via WhatsApp to ...
Recording of Advocate Appearances – Restriction to Arguing and Assisting Counsel – The applicants sought modification of para 42 of the Supreme Court’s judgment dated 20.09.2024, which directed that only the names of arguing counsel and one assisting Advocate-on-Record (AOR) be recorded in the court proceedings – The Court clarified that the appearance slip should reflect o...
Interim Maintenance – Non-compliance with Supreme Court Guidelines – Order Set Aside - petitioner challenged an interim maintenance order passed by the Family Court, Kollam, contending that the order was issued without compliance with the mandatory requirement of filing an Affidavit of Disclosure of Assets and Liabilities as prescribed in Rajnesh v. Neha. The Supreme Court mandated tha...
Constitutional Validity of Section 13 – Right to Legal Representation – Family Courts Act – Upheld
The petitioner challenged Section 13 of the Family Courts Act, 1984, arguing that it violates the fundamental right of legal practitioners under the Advocates Act, 1961, and restricts litigants' ability to be represented by lawyers in Family Courts – The Court held that...
Temple Management Dispute – Jurisdiction of Civil Court Prevails Over Executive Orders – The dispute over the control of Shri Khereshwar Mahadev Va Dauji Maharaj Temple was pending before the civil court, with an injunction maintaining the status quo – The Allahabad High Court directed the District Magistrate and Sub-Divisional Magistrate to implement an earlier executive order t...
Bail – Rape – Promise to Marry – Absence of Misconception of Fact – The petitioner was accused of repeatedly engaging in sexual intercourse with the defacto complainant under the pretext of marriage and later refusing to marry her – The Court examined whether the alleged act constituted rape due to vitiation of consent – Held: In light of Mahesh Damu Khare v. St...
Prevention of Corruption – Leave to Appeal Against Acquittal – The trial court acquitted the respondent, a public servant, of bribery charges under Sections 7 and 13 of the Prevention of Corruption Act – The prosecution contended that the accused was caught red-handed while accepting a bribe of Rs. 10,000/- and that there was sufficient evidence to convict him – Held: Since...
Negotiable Instruments Act – Deposit of 20% Compensation – Judicial Discretion – Orders Set Aside – The petitioner, convicted under Section 138 of the NI Act, challenged the ASJ’s order requiring him to deposit 20% of the compensation amount for suspension of sentence – Petitioner contended that the ASJ erroneously treated the deposit as mandatory and failed to ...
Criminal Procedure – Registration of FIR – Preliminary Inquiry – Appeal Dismissed – The appellant, a retired IAS officer, challenged multiple FIRs registered against him regarding land allotment irregularities during his tenure as Collector – He sought a direction for a mandatory preliminary inquiry before the registration of further FIRs – High Court dismissed ...
Criminal Law – Conviction under Section 304 Part II IPC – No Premeditation – Sentence Reduced – Appellant convicted for causing the death of his 85-year-old mother during a drunken altercation—Trial court imposed 7 years RI—High Court held: There was no premeditation, and the act occurred in a sudden quarrel—Considering the appellant’s clean record a...