thelegalaffair

Kerala High Court: Article 226 Powers to Order FIR or Investigation Cannot Be Curtailed by Statutory Restrictions

The Kerala High Court has reaffirmed that statutory restrictions imposed on investigative agencies cannot take away or dilute the constitutional powers of a High Court under Article 226 of the ...
thelegalaffair

Punjab and Haryana High Court: Accused in Offences Not Punishable With 10 Years’ Imprisonment Cannot Be Declared a Proclaimed Offender Under Section 84(4) BNSS

Introduction: The Punjab and Haryana High Court has clarified that an accused facing criminal charges that do not carry a punishment of imprisonment for ten years or more cannot b ...
thelegalaffair

Madhya Pradesh High Court: Mere Naming in Suicide Note Insufficient for Abetment Charge Without Evidence of Instigation or Intentional Aid

The Madhya Pradesh High Court has held that the death of a minor by suicide, even when accompanied by a suicide note naming certain individuals, does not automatically establish the offence of ...
thelegalaffair

Karnataka High Court: Five-Year Delay and Acquiescence Weigh Against Wife’s Plea to Transfer Divorce Proceedings

The Karnataka High Court has declined to transfer ongoing divorce proceedings from the Senior Civil Judge and JMFC at Anekal, Bengaluru Rural, to the Principal Judge, Family Court at Bengaluru, ...
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Karnataka High Court: Civil Disputes Do Not Bar Criminal Probe Into Alleged ₹143 Crore Investment Fraud Over Trademark Rights

Introduction: The Karnataka High Court has refused to quash a criminal case registered against the promoters of Tanvi Fitness Private Limited, the company managing the ‘MyFitnes ...
thelegalaffair

Madhya Pradesh High Court: Allegations About Mother’s Character Alone Cannot Justify Search Warrant to Recover Child Under Section 97 CrPC

The Madhya Pradesh High Court has held that allegations questioning a mother’s character or personal conduct, by themselves, cannot establish that a minor child is being wrongfully confined so as to ...
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Supreme Court: Third Parties Can Resist Execution of Civil Decrees Under Order XXI CPC Without Filing a Separate Suit

Order XXI of the CPC governs the execution of decrees and orders passed by civil courts. Rules 97 to 101 deal specifically with resistance to, or obstruction of, the delivery of possession of ...
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Supreme Court: Cross-Examination Cannot Be Ignored While Summoning Additional Accused Under Section 319 CrPC

The Supreme Court of India has reiterated an important principle governing the exercise of judicial powers to summon additional accused persons during criminal trials. The Court held that when a trial ...
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Supreme Court Holds CoC Cannot Withdraw Approved Resolution Plan After Submission to NCLT Merely Due to Improved Financial Position

Vinod Chandran delivered the judgment while considering an appeal preferred by Bank of India and other financial creditors challenging the NCLAT’s decision. The dispute raised an important question ...
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Allahabad High Court Flags Alleged Misuse of POCSO Act, Uttar Pradesh Proposes Guidelines for Recording Students’ Ages in School Records

The proposal refers to Rule 9 of the Uttar Pradesh Right of Children to Free and Compulsory Education Rules, 2011. By grounding the proposed procedure in the existing regulatory framework, the State ...
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Kerala High Court Reaffirms Equality Among Judges, Holds No Bench Can Assume Supervisory Authority Over Another

The Kerala High Court has reiterated an important principle governing the functioning of constitutional courts: all Judges of a High Court enjoy equal judicial status and authority, and no Bench can ...
thelegalaffair

Supreme Court: Public Authorities Can Cancel Auctions Before Finalising Contracts to Maximise Revenue from Public Property

Introduction: The Supreme Court of India has held that a public authority may reconsider and cancel an auction before the conclusion of a binding contract if doing so is necessary ...