Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC
8 months, 2 weeks ago

Sessions Court Not Empowered To Quash Entire Proceedings U/S 12 Domestic Violence Act, Party Must Approach High Court: Karnataka HC

Live Law  

The Karnataka High Court has held that a petition calling in question the entire proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 would be maintainable before the High Court, not the Sessions Court. The complainant opposed the quashing petition saying that an appeal should be preferred before the Sessions Court under Section 29 of the Act and invoking High Court's inherent jurisdiction under Section 482 CrPC is, on the face of it, erroneous. calling in question the entire proceedings before the concerned Court initiated under the Protection of Women from Domestic Violence Act, 2005 would be maintainable, only if the proceedings are challenged on the ground of abuse of the process of the law, as the Court of Session is not empowered to obliterate the proceedings holding it to be an abuse of the process of the law.” It added “Any specific order passed by the concerned Court answering applications filed under Sections 18, 19, 20 or 22 of the Act or any other interlocutory order would not be entertainable before this Court in its jurisdiction under Section 482 of the Cr.P.C. The aggrieved, by any order, has to prefer an appeal under Section 29 of the Act, as it is an alternative and statutory remedy available.” Coming to merits of the case, Court said it has become a norm these days to rope in other members of the family in proceedings under Section 498A of the IPC or Section 12 of the DV Act, while the entire grievance is against the husband.

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History of this topic

Karnataka High Court Declines To Quash Murder Case Filed By Son Against Father Over Death Of Mother Who Fell From 16th Floor Apartment
1 week, 2 days ago

Karnataka High Court Declines To Quash Murder Case Filed By Son Against Father Over Death Of Mother Who Fell From 16th Floor Apartment

Live Law  

The Karnataka High Court has refused to quash murder proceedings initiated by a man against his father after his mother died by falling from their apartment situated on the 16th floor. Justice M Nagaprasanna while dismissing the petition filed by Devendra Bhatia said “When the evidence of both the children as quoted hereinabove would pin the petitioner down albeit, prima …

Negotiable Instruments Act | Complainant Can Prefer Appeal Against Acquittal Order Before Sessions Court: Karnataka High Court
2 weeks ago

Negotiable Instruments Act | Complainant Can Prefer Appeal Against Acquittal Order Before Sessions Court: Karnataka High Court

Live Law  

The Karnataka High Court has said that a complainant in a case under the Negotiable Instruments Act, can file an appeal against an acquittal order before the Sessions Court and need not approach the high court. In the present case, Justice S Rachaiah referred to Section 378 of CrPC which states that if an order of acquittal is passed in …

Karnataka HC agrees to examine plea against its rules that allows destruction of court’s records periodically
2 weeks, 1 day ago

Karnataka HC agrees to examine plea against its rules that allows destruction of court’s records periodically

The Hindu  

The High Court of Karnataka has ordered the issue of a notice to its registry, the Central and State governments on a PIL petition, which has questioned the constitutional validity of the court’s rules that permit the destruction records of the cases after preserving them for 30 years and five years for different categories of records. Court of record Advocate …

Appeals U/S 19 Of Contempt Of Court Act Can Only Be Against Order Imposing Punishment, Framing Of Charges Not Appealable: Kerala High Court
2 weeks, 2 days ago

Appeals U/S 19 Of Contempt Of Court Act Can Only Be Against Order Imposing Punishment, Framing Of Charges Not Appealable: Kerala High Court

Live Law  

The Kerala High Court observed that an appeal under Section 19 of the Contempt of Court Act will lie only in cases when the order is connected and incidental to the order of punishment for contempt. “Hence, the scheme of Section 19 of the Contempt of Courts Act, 1971, the Rules framed thereunder, and the decisions of the Apex Court, …

'Approach HC': Supreme Court Refuses To Entertain Contempt Petition Alleging Illegal Demolition Of Accused Persons' Houses In Gujarat
2 weeks, 3 days ago

'Approach HC': Supreme Court Refuses To Entertain Contempt Petition Alleging Illegal Demolition Of Accused Persons' Houses In Gujarat

Live Law  

The Supreme Court today refused to entertain a petition assailing demolition action stated to have been carried out by Ahmedabad authorities against houses of persons accused of crimes in violation of the Court's November 13 judgment.A bench of Justices BR Gavai and AG Masih passed the order, asking the petitioner, who claimed that the authorities were guilty of contempt of …

High Court notice to Karnataka government over dropping cases against MPs, MLAs
2 weeks, 6 days ago

High Court notice to Karnataka government over dropping cases against MPs, MLAs

India Today  

The Karnataka High Court, on Thursday, issued notice to the state government in a petition challenging a government order to withdraw 43 criminal cases, in which former ministers, MLAs and persons of influence were named accused. A Division Bench of Chief Justice NV Anjaria and Justice MI Arun passed the order on the public interest litigation questioning the legality of …

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs
3 weeks ago

Karnataka High Court notice to government on plea against decision to withdraw 43 criminal cases, including against former MPs and MLAs

The Hindu  

The High Court of Karnataka on Thursday asked the State government to respond to a PIL petition, which has questioned the legality of the Government Order issued in October 2024 for withdrawing 43 criminal cases, in which former Ministers, former MLAs, and persons belonging to influential organisations were arraigned as accused persons. Serious charges The serious charges under the provisions …

High Court slams Maharashtra govt for laxity in Atrocities Act case, seeks compliance
1 month ago

High Court slams Maharashtra govt for laxity in Atrocities Act case, seeks compliance

India Today  

The Bombay High Court on Monday criticised the Maharashtra government for its lackadaisical approach in taking action against its own Additional Public Prosecutor, who was absent during the hearing of a case under the Scheduled Castes and Scheduled Tribes Act. The bench of Justice Prithviraj Chavan was hearing a petition filed by one SV Guthule, who belongs to the Scheduled …

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise
1 month, 1 week ago

'Abuse Of Process' : Supreme Court Quashes 'Cheating' Case Filed Against Parents Of Man For Breaking Marriage Promise

Live Law  

The Supreme Court recently dismissed a cheating case against the parents for facilitating the marriage of their son to another woman instead of the complainant. The Court also disapproved of the High Court's observation against the appellants' son, which suggested that quashing the case against his parents would enable him to exploit women of marriageable age in a similar manner. …

Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court
1 month, 2 weeks ago

Anticipatory Bail Applications Should Only Be Filed Directly Before HC In Exceptional Circumstances: Karnataka High Court

Live Law  

The Karnataka High Court has said that unless there are exceptional circumstances to file an anticipatory bail application directly before the High Court, bypassing the Sessions Court, it will be prudent for the accused to approach the Sessions Court at the first instance seeking relief. It was argued that both Sessions Court and High Court have concurrent jurisdiction to entertain …

'Protection Was Not There On Date Of Offence': Supreme Court Questions Former Karnataka CM's HD Kumaraswamy's Plea
1 month, 2 weeks ago

'Protection Was Not There On Date Of Offence': Supreme Court Questions Former Karnataka CM's HD Kumaraswamy's Plea

Live Law  

The Supreme Court today briefly heard a Special Leave Petition filed against the Karnataka High Court's order refusing to quash a criminal case registered against former Chief Minister of Karnataka, H D Kumaraswamy, in which it is alleged that he denotified two different plots of land acquired by the Bangalore Development Authority, during his tenure as Chief Minister. The Supreme …

Karnataka High Court stays probe against C.T. Ravi in derogatory remarks case
1 month, 2 weeks ago

Karnataka High Court stays probe against C.T. Ravi in derogatory remarks case

The Hindu  

The High Court of Karnataka on Thursday stayed criminal proceedings against C.T. Though the court on January 23 had directed the CID not to precipitate till January 30 the investigation in the criminal case registered based on Ms. Hebbalkar’s complaint, State Public Prosecutor B.A. However, the court said that the CID cannot frustrate the proceedings on the petition as the …

Karnataka High Court reserves verdict on Yediyurappa’s petition challenging POCSO case
2 months ago

Karnataka High Court reserves verdict on Yediyurappa’s petition challenging POCSO case

The Hindu  

The High Court of Karnataka on Friday reserved its judgment on the petition filed by former Chief Minister B.S. ‘No sexual assault’ Earlier, Senior Advocate C.V. Nagesh, appearing for Mr. Yediyurappa, denied the allegation and contended that the statements given by the witnesses and the pieces of evidence disclose that there is not even probability of occurrence of the incident …

[S.138 NI Act] While Considering Suspension Of Sentence, Court Must See If Case Falls Under Any Exceptions: Andhra Pradesh HC Reiterates
2 months, 1 week ago

[S.138 NI Act] While Considering Suspension Of Sentence, Court Must See If Case Falls Under Any Exceptions: Andhra Pradesh HC Reiterates

Live Law  

The Andhra Pradesh High Court has reiterated that a plea for suspension of sentence is generally sought without any conditions, and when an accused seeks a blanket order like this, the responsibility is cast on the Court to determine whether the case falls under an exception. the high court said, “The Appellate Court in the impugned order referred to the …

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC
2 months, 1 week ago

Sexual Assault Child Victim Has No Locus To File Quashing Plea In Name Of Saving Family's Honour, Future: Himachal Pradesh HC

Live Law  

The Himachal Pradesh High Court has observed that after setting the criminal machinery into motion, the complainant's role ends, and the complainant or the child victim has no locus standing to file the petition for quashing a POCSO Case, that too, in the name of saving the family's honour. At the outset, the Court opined that the complainant's role ends …

Karnataka HC refuse to quash case against man charged with raping 13-year-old girl with mental health issue
2 months, 2 weeks ago

Karnataka HC refuse to quash case against man charged with raping 13-year-old girl with mental health issue

New Indian Express  

BENGALURU: Karnataka High Court refused to quash the criminal proceedings initiated against a 48-year-old man from Tumakuru district booked for sexually assaulting a 13-year-old girl. "The victim identifies the petitioner and, narrates though not in minute detail, about the acts of the petitioner", said Justice M Nagaprasanna while recently rejecting the petition filed by accused Krishnappa against the ongoing criminal …

Karnataka High Court Annual Digest 2024 [Part I]
2 months, 3 weeks ago

Karnataka High Court Annual Digest 2024 [Part I]

Live Law  

Citation No: 2024 LiveLaw 1 to Citation No: 2024 LiveLaw 260 Judgments/Orders Karnataka High Court Quashes Rape Charge On False Promise To Marry But Orders Accused To Maintain Child Born From 'Consensual' Relationship Case Title: Raghvendraraddi Shivaraddi Naduvinamani AND State of Karnataka Case No: Criminal Petition No 100721 of 2023. A division bench of Chief Justice Prasanna B Varale and …

Telangana HC stays sessions judge decision on KCR, BRS MLA Harish Rao
2 months, 3 weeks ago

Telangana HC stays sessions judge decision on KCR, BRS MLA Harish Rao

New Indian Express  

HYDERABAD: In major relief to former chief minister K Chandrasekhar Rao and former minister T Harish Rao, Justice K Lakshman of the Telangana High Court on Tuesday stayed a decision of the Jayashankar Bhupalpally district court to allow the numbering of a private petition against them. The high court criticised the sessions judge’s decision to review the chief munsif magistrate’s …

Court Issues Summons, KCR and Harish File Quash Petitions Against Lower Court Orders
2 months, 3 weeks ago

Court Issues Summons, KCR and Harish File Quash Petitions Against Lower Court Orders

Deccan Chronicle  

Hyderabad: BRS president and former chief minister K. Chandrashekar Rao and former minister T. Harish Rao approached the Telangana High Court on Monday, challenging the summons for appearance by the Principal Sessions Court at Bhupalpally in a case that was registered based on a private complaint over damage caused to Medigadda barrage and misappropriation of public money. Apprehending that the …

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner
2 months, 3 weeks ago

"She Is A Major, Family Can't Restrain Her": Andhra Pradesh HC Allows Woman To Live With Same-Sex Partner

Live Law  

While hearing a habeas corpus petition wherein a woman had claimed that her female partner had been detained by her parents, the Andhra Pradesh High Court while upholding the right of women to cohabit together said that the detenue was major and her family cannot restrain her from taking her own life decisions. The division bench of Justice R. Raghunandan …

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds
3 months ago

Karnataka High Court Quashes FIR Against BJP State President BY Vijayendra For Allegedly Extorting Money Under Guise Of Electoral Bonds

Live Law  

The Karnataka High Court on Tuesday allowed the petition filed by then Vice President and now BJP State President BY Vijayendra and quashed proceedings pertaining to an FIR registered against him for allegedly extorting money under the guise of electoral bonds. It said “The counsel being changed for qua the other accused raising different grounds that were not raised by …

HC Quashes Poll Related Violation Case Against MP
3 months, 1 week ago

HC Quashes Poll Related Violation Case Against MP

Deccan Chronicle  

Hyderabad: Justice K. Lakshman of the Telangana High Court quashed criminal proceedings against Vaddiraju Ravichandra, BRS Rajya Sabha member, accused of violating election-related norms during a rally held in 2018. misappropriation case Justice K. Sujana of the Telangana High Court granted bail to an accused in a financial fraud case involving the alleged misappropriation of over Rs 300 crore by …

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders
3 months, 3 weeks ago

Karnataka High Court Quashes FIR Against State BJP President BY Vijayendra, Another Over Allegedly Offensive 'X' Post On Congress Leaders

Live Law  

The Karnataka High Court on Wednesday quashed proceedings initiated against Karnataka State BJP President B Y Vijayendra in connection with an FIR registered over an allegedly offensive post made on X, by the party's Karnataka Unit on alleged Muslim appeasement by the State Congress. As per the prosecution case on April 19 MCC Nodal officer of Gandhinagar informed the complainant …

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court
4 months ago

When There Is No Appeal Provision Provided By Law, Judgment Made In Appeal Is Non-Est: Kerala High Court

Live Law  

The Kerala High Court stated that when there is no appeal provision given in law, then the judgment made in appeal was non-est in law and could be ignored. The Court was considering the challenge against an order issued by the Sessions Judge, dismissing Magistrate's order when there was no provision provided for appeal. When such a remedy is not …

Appellate Authority Under POSH Act Can Stay Final Report Of Internal Complaints Committee Pending Final Decision: Karnataka High Court
4 months, 1 week ago

Appellate Authority Under POSH Act Can Stay Final Report Of Internal Complaints Committee Pending Final Decision: Karnataka High Court

Live Law  

The Karnataka High Court has held that there is no express bar under provisions of the Sexual Harassment of Women at Workplace Act, 2013 and Rules, for the appellate authority to consider an application for stay in appeal against the final report of the Internal Complaints Committee. A single judge bench of Justice S Sunil Dutt Yadav said “The appellate …

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court
4 months, 1 week ago

Sexual harassment cases can’t be quashed even if accused, survivor patch up: Supreme Court

Firstpost  

The verdict, which was reserved way back in October 2023, came in a matter that dealt with the question of whether a High Court, in exercise of its powers under Section 482 CrPC, can quash a sexual harassment case based on compromise between the accused and the survivor. Supreme Court on Thursday set aside Rajasthan High Court’s decision to quash …

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court
6 months, 2 weeks ago

Invocation Of Article 227 Against Final Orders/ Judgments Passed By Sessions Court In Appeal Is 'Almost Barred': Kerala High Court

Live Law  

The Kerala High Court has held that there is almost an an absolute bar on challenging the final order or judgment passed by a Sessions Court in appeal, under Article 227 of the Constitution. Justice Bechu Kurian Thomas referred to multiple Supreme Court decisions which held that a person cannot approach the High Court under Article 227 when there is …

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request
6 months, 2 weeks ago

Karnataka High Court adjourns hearing on Yediyurappa’s plea against POCSO case on Special Public Prosecutor’s request

The Hindu  

The High Court of Karnataka, on the request made by the Special Public Prosecutor, on Friday adjourned till September 5 further hearing on the petition filed by former Chief Minister B.S. “If Mr. Yediyurappa is destined to go to jail he will, I am ready to argue the case,” said Mr. Nagesh while pointing out that on the one hand, …

Karnataka HC orders pausing further proceedings on complaints against CM Siddaramaiah before special court
7 months ago

Karnataka HC orders pausing further proceedings on complaints against CM Siddaramaiah before special court

The Hindu  

In a temporary relief to Chief Minister Siddaramaiah, the High Court of Karnataka on Monday ordered a special court in Bengaluru, to defer further proceedings on complaints related to alleged irregularities in allotment of sites by the Mysuru Urban Development Authority. The special court shall not precipitate complaint related to the sanctions granted by the Governor against Mr. Siddaramaiah till …

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim
7 months, 3 weeks ago

Karnataka High Court Quashes Rape Proceedings Against POCSO Accused After He Marries Victim

Live Law  

The Karnataka High Court has quashed rape proceedings against an accused who during the pendency of the petition seeking quashing of offence was released on interim bail to allow him to marry the victim, who turned major and gave birth to a child. If the proceedings are not quashed, it would undoubtedly result in grave jeopardy to the life of …

Supreme Court to consider setting up Bench to hear pleas against passage of laws as Money Bills
8 months ago

Supreme Court to consider setting up Bench to hear pleas against passage of laws as Money Bills

The Hindu  

The Supreme Court on July 15 agreed to consider a submission for setting up a Constitution Bench to hear pleas challenging the validity of passage of laws such as the Aadhaar Act as Money Bills allegedly to bypass the Rajya Sabha. Arvind Kejriwal lost 2 kg in prison, say Tihar sources amid AAP’s allegations A day after the AAP claimed …

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024
8 months, 2 weeks ago

Jammu and Kashmir and Ladakh High Court Weekly Roundup June 24 - June 30, 2024

Live Law  

Nominal Index: State Vs Raj Kumar 2024 LiveLaw 166 Yunius Hussain Vs UT of J&K 2024 LiveLaw 167 Manzoor Hussain Vs UT Of J&K 2024 LiveLaw 168 ABDUL ROUF SHAH Vs ATIQA HASSAN & OTHERS 2024 LiveLaw 169 Vinod Kumar Vs Somi Devi 2024 LiveLaw 170 Sunil Kumar Vs Department of Agriculture J&K 2024 LiveLaw 171 NAZIR AHMAD DAR & …

Allegation Of Professional Misconduct Cannot Be Levelled By Party For Whom The Advocate Did Not Appear: Karnataka High Court
8 months, 3 weeks ago

Allegation Of Professional Misconduct Cannot Be Levelled By Party For Whom The Advocate Did Not Appear: Karnataka High Court

Live Law  

The Karnataka High Court has quashed a notice issued by the State Bar Council to a 71-year-old Advocate pursuant to 'professional misconduct' allegations levelled against him by the opposite party in a suit, i.e. A single judge bench of Justice M Nagaprasanna allowed the petition filed by Advocate Paras Jain, and said, “The complainant had no locus to file the …

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal
10 months ago

Supreme Court Disposes Of Kerala Govt's Petition Filed Before HC Against NGT Order As Withdrawn, Gives Liberty To File Appeal

Live Law  

The Supreme Court disposed of the writ petition filed before the Kerala High Court challenging an order of the National Green Tribunal after the same was upheld by the Supreme Court earlier. The order was passed after Senior Advocate R Basant, appearing for the State, informed the Court that the state was withdrawing the writ petition from the High Court. …

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]
10 months, 1 week ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [April 1 to 13]

Live Law  

SUPREME COURT WEEKLY DIGEST APRIL 2024 PART 1 Citations 2024 LiveLaw 269 to 2024 LiveLaw 290 Abuse of Process of Law Abuse of process of law – Collusion between parties in tender process – Held, respondent no. Pankaj Singh v. State of Haryana, 2024 LiveLaw 274 Criminal procedure Code 1973; Section 439 and National Investigation Agency Act, 2008; Section 21 …

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]
11 months ago

Supreme Court Weekly Digest With Subject /Statute Wise Index [March 18 to 24]

Live Law  

Citations 2024 LiveLaw 240 to 2024 LiveLaw 255 Arbitration and Conciliation Act 1996 Arbitration and Conciliation Act 1996; Section 78 – Arbitration clause – Two-Contract Case – When the parties enter into a contract, making a general reference to another contract, such general reference would not have the effect of incorporating the arbitration clause from the referred document into the …

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court
1 year ago

High Court Must Not Hesitate In Quashing Criminal Proceedings Which Are Essentially Of Civil Nature: Supreme Court

Live Law  

The Supreme Court reiterated that the High Court by exercising their inherent power must quash the prosecution based on the criminal complaint arising out of a civil transaction. ".although the inherent powers of a High Court under Section 482 of the Code of Criminal Procedure should be exercised sparingly, yet the High Court must not hesitate in quashing such criminal …

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court
1 year ago

S.125 CrPC | Daughter-In-Law Cannot Seek Maintenance From Parents-In-Law: Karnataka High Court

Live Law  

The Karnataka High Court has held that under Section 125 of the Criminal Procedure Code, a daughter-in-law cannot lay a claim for maintenance against her parents-in-law. The petitioners argued that the learned Magistrate lacked jurisdiction to try the petition filed by the respondents herein under Section 125 of Cr.P.C., and sought for allowing the revision petition. So also minor children …

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court
1 year ago

[Order XLI Rule 17 CPC] Appeal Cannot Be Dismissed On Merits Merely Due To Non-Appearance Of Appellant: Karnataka High Court

Live Law  

The Karnataka High Court has reiterated that if the appellant does not appear when the appeal is called for hearing it can only be dismissed for non-prosecution and not on merits. A single judge bench of Justice G Basavaraja allowed the appeal filed by Dhanayya and his legal heirs questioning the judgment and decree dated 04.03.2017 passed by the Senior …

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC
1 year ago

Fast Track Courts & Alternate Dispute Resolution Not Sufficient To Reduce Burden, Courts Should Curb Abuse Of Legal Procedures: Karnataka HC

Live Law  

The Karnataka High Court has observed that Courts should be very conscious and unless it is satisfied that the material evidence placed before it warrants exercise of power under Section 216, the powers under Section 216 of Cr.P.C. Unless the Courts dispense with such procedures which are totally unnecessary and causes no prejudice to the parties if they are dispensed …

Supreme Court turns down petition seeking CBI probe into Sandeshkhali violence
1 year, 1 month ago

Supreme Court turns down petition seeking CBI probe into Sandeshkhali violence

Op India  

On Monday, the Supreme Court dismissed a public interest litigation seeking an investigation by a Special Investigation Team or the Central Bureau of Investigation into the violence in Sandeshkhali village in North 24 Parganas district of West Bengal. The petitioner, Alakh Alok Srivastava, pointed out allegations of sexual violence in Sandeshkhali and highlighted the prior concerns of the apex court …

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court
1 year, 1 month ago

Orders Appealable U/S 14A Of SC/ST Act Can't Be Challenged U/S 482 Of CrPC: Allahabad High Court

Live Law  

The Allahabad High Court recently observed that in cases where an appeal against an order would lie under Section 14A of the SC/ST Act, 1989, the aggrieved person cannot invoke the inherent jurisdiction of the High Court under Section 482 CrPC to challenge the order. The Court also noted that Section 14-A starts with the words “notwithstanding anything contained in …

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court
1 year, 1 month ago

Writ Petition Against Arbitrator's Order Not Maintainable Unless Exceptional Circumstances Or Bad Faith Can Be Shown: M.P. High Court

Live Law  

The High Court of Madhya Pradesh bench comprising Justice Sushrut Arvind Dharmadhikari and Justice Devnarayan Mishra refused to exercise the writ jurisdiction of the High Court under Article 226/227 of the Indian Constitution for a matter involving dismissal of an application made to an Arbitrator under Section 16 of the Arbitration and Conciliation Act, 1996 by the Petitioner. The High …

Telangana HC quashes criminal case for want of sanction
1 year, 2 months ago

Telangana HC quashes criminal case for want of sanction

Deccan Chronicle  

The Deputy Commissioner of Central Excise and Service Tax filed a complaint before the special judge for economic offences on charges of evading central excise duty in the guise of trading of modular furniture, falling under the heading 9403 of the First Schedule to the Central Excise Tariff Act, 1985, even after crossing the threshold exemption limit and were liable …

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court
1 year, 2 months ago

Bar Of Limitation Can't Be Avoided By Resorting To Article 136 When Statutory Appeal Available: Supreme Court

Live Law  

A Special Leave Petition filed against an order passed by National Company Law Appellate Tribunal, Chennai was dismissed yesterday by a three-Judge Bench of the Supreme Court comprising Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra. Pertinently, the Bench made an observation that a bar of limitation cannot be obviated or circumvented by taking recourse of proceedings …

Keep off civil disputes, HC tells police inspector again
1 year, 2 months ago

Keep off civil disputes, HC tells police inspector again

Deccan Chronicle  

Hyderabad: The Telangana High Court has reiterated its directions to police officials to refrain from entertaining any civil dispute plea. Justice C.V. Bhaskar Reddy directed the station house officer, Karimnagar Rural, and his subordinate officers not to interfere in civil disputes in a writ petition filed by Syed Moin. Cops silent despite HC order In a contrasting matter, Justice C.V. …

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child
1 year, 3 months ago

Karnataka High Court Quashes Child Marriage Case, Holds Criminal Proceedings Against Accused-Husband Not In Interest Of Survivor And Child

Live Law  

The Karnataka High Court has quashed the criminal case initiated against a man for offences punishable u/s 9, 10 and 11 of the Prohibition of Child Marriage Act, 2006, taking note of the survivor's plea that she and her child depended on him and the prosecution would not be in the interest of justice. She claimed that if the criminal …

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint
1 year, 3 months ago

Accused Has Right To Be Heard In Revision Challenging Dismissal Of Complaint: Punjab & Haryana High Court Sets Aside Order Restoring Complaint

Live Law  

Observing that where the complaint was dismissed and thereafter challenged in the revision petition the accused has right to be heard, the Punjab & Haryana High Court has set aside the order of a Session Court which was passed in revision petition without issuing process to the accused.Justice Jasjit Singh Bedi said, "A perusal of Section 401 Cr.P.C. Observing that …

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship
1 year, 3 months ago

Karnataka High Court Quashes Rape Case Subject To Accused Marrying Victim, Notes They Were In Consensual Relationship

Live Law  

The Karnataka High Court has quashed a rape case against an accused subject to him solemnizing marriage with the survivor, who claimed they were in a consensual relationship while she was a minor and now having attained majority, intend to marry each other. A single judge bench of Justice Hemant Chandangoudar allowed the petition filed by Chikkaredappa and directed him …

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