Strict Directions to Protect the Identity of Sexually Assault Victims: Delhi High Court

The Delhi High Court, while refusing to grant regular bail to an accused in a serious case of sexual assault on a minor, held that in such sensitive matters, where the prosecutrix’s testimony is consistent, clear, and cogent, the accused is not entitled to bail. The Court observed that, “This Court is of the opinion … Read more

Bail application of sub-inspector partly allowed in corruption case involving recovery of huge cash: Allahabad High Court

The Allahabad High Court has partly allowed the bail application (for a period of four months) of a Sub-Inspector who was accused in a serious case of corruption and illegal extortion, holding that no further relief can be granted in view of the recovery of a substantial amount of cash from his possession, the gravity … Read more

Employment obtained by fraud is void in the eyes of law: Allahabad High Court

Taking a strict view in a case involving appointment of an Assistant Teacher on the basis of forged and fabricated educational documents and domicile certificates, the Allahabad High Court has held that where an appointment is secured through fraud and fake documents, no detailed departmental inquiry or opportunity of hearing is required. The Court observed … Read more

Unnecessary Firing in Police Encounter is Not ‘Punishment’ but a Violation of Law: Allahabad High Court

The Allahabad High Court has come down heavily on the growing tendency of police to shoot accused persons in the name of encounters, observing that firing to “teach a lesson” is against the rule of law. Emphasising the constitutional principles, the Court remarked that, “India is a democratic country. It has to be run as … Read more

No Legal Bar on Acting as Surety in More Than One Case: Allahabad High Court

The Allahabad High Court has clarified that there is no legal prohibition on a person acting as a surety in more than one case, provided that the value of his property exceeds the total surety amount and the Court is satisfied about his sufficiency and fitness. Referring to Sections 485 and 486 of the Bharatiya … Read more

Teachers of Derecognised Schools Have No Right to claim Adjustment: Allahabad High Court

The Allahabad High Court has clarified that teachers and staff working in educational institutions whose recognition has been cancelled do not have any statutory right to seek adjustment or absorption in other recognised schools. The Court held that once the recognition of an institution is withdrawn, its teachers and employees cannot claim adjustment or absorption … Read more

High Court Cracks Down on Non-Payment of Human Rights Compensation, Directs State to Deposit ₹3.5 Crore: Bombay High Court

Taking serious note of the long-standing non-implementation of the recommendations of the Maharashtra State Human Rights Commission (MSHRC), the Bombay High Court on Tuesday pulled up the State Government and directed the Principal Secretary of the Home Department to deposit ₹3.5 crore with the High Court registry within seven days. The amount pertains to 136 … Read more

Live-in Relationships, an outcome of Western ideas, Detrimental to Indian Social Values: Allahabad High Court

The Allahabad High Court, while making significant observations on the increasing trend of live-in relationships, has remarked that under the influence of western ideas, the tendency among youth to live together without marriage is on the rise, posing a serious threat to Indian social values. The Court noted that when such relationships fail, legal proceedings … Read more

No right to claim maintenance from an unemployed husband rendered incapable due to violent acts of wife’s relatives: Allahabad High Court

The Allahabad High Court has clarified in a maintenance related matter that if, due to criminal and violent acts of the wife or her relatives, the husband’s employment is adversely affected and his capacity to earn a livelihood is completely destroyed, then the wife cannot claim interim maintenance in such circumstances. The said order was … Read more

Taking cognizance under two distinct offences simultaneously is impermissible in law: Allahabad High Court

The Allahabad High Court has clarified that taking cognizance simultaneously under two distinct offences i.e. cheating under Section 420 IPC and criminal breach of trust under Section 406 IPC on the same set of facts or transaction is contrary to law, as the two offences are inherently contradictory in nature. The order was passed by … Read more