Introduction: The criminal procedure system is now regulated by the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). It describes the steps undertaken once a crime is committed, starting with the reporting of the crime to the ultimate sentence and appeal before the concerned Court. The case of a criminal does not initiate in court. It passes … Read more
The Allahabad High Court, while refusing to grant the accused an additional opportunity to lead evidence in a 13-year-old cheque bounce case instituted under Section 138 of the Negotiable Instruments Act, observed that excessive delay in the resolution of judicial disputes weakens the very foundation of the judicial process. In this context, the Court underlined … Read more
The Supreme Court, while passing an important order in a matter concerning the dismissal of employees appointed by the State of Bihar at the University of Technology and Science, Raipur, Chhattisgarh, clarified that if a university was established under a law that was later declared unconstitutional, students cannot be held responsible who had validly obtained … Read more
The Chhattisgarh High Court upheld a Family Court’s ruling permitting the submission of WhatsApp conversations and call logs in a pending divorce case, noting that the litigating party’s right to introduce relevant evidence in matrimonial disputes must take precedence over the fundamental right to privacy. In respect of the above, while acknowledging that the right … Read more
The Allahabad High Court dismissed a writ petition seeking armed protection by the Central Reserve Police Force (CRPF), clarifying that the grant of security depends upon an objective assessment of threat perception and falls within the domain of the competent authorities, not the Court. The Court emphasized that: “……….it can very well be held that … Read more
The Allahabad High Court, while hearing a criminal revision petition in a matter relating to maintenance under Section 125 Cr.P.C., has clarified that merely because a wife is educated cannot be a ground to deny her maintenance. The Court pointed out that, “The Court is unable to accept the submission that mere employment or earning … Read more
The Supreme Court in dowry death-related matter observed that once an anticipatory bail is granted, then it will continue without fixed expiry. The mere filing of a charge-sheet, the taking of cognizance, or the issuance of summons shall not, by itself, operate to terminate the protection granted, unless specific reasons are duly recorded. The above … Read more
The Allahabad High Court directed that contempt action be initiated against an advocate who made remarks against the dignity of the Court during the hearing of a criminal bail application. According to the case, while considering a bail application in a criminal matter, the Court found that the injured person had sustained a gunshot wound … Read more
The Allahabad High Court has held that a trial court cannot ignore a final report submitted after further investigation while proceeding to frame charges. The Court observed that if cognizance has already been taken on an initial charge sheet and the police subsequently file a final report upon further investigation, the trial court is duty-bound … Read more
The Allahabad High Court (Lucknow Bench) while hearing the second bail application of the petitioner observed that it is well known that no judge can claim that his order has never been set aside or interfered with and on perusal of judgment the bail order was required to be interfere. The said observation was given … Read more
