thelegalaffair

Karnataka High Court Grants Bail in Ambedkar and Jagjivan Ram Photograph Desecration Case, Citing Completed Investigation and Six Months in Custody

Introduction: The Karnataka High Court has granted regular bail to a 38-year-old man accused of tying footwear to photographs of Dr. B.R. Ambedkar and Babu Jagjivan Ram, taking in ...
thelegalaffair

Gujarat High Court: Writ Petition for FIR Registration Is Premature When Statutory Remedies Under BNSS Remain Unexhausted

Introduction: The Gujarat High Court has reiterated an important principle governing the exercise of constitutional jurisdiction in criminal matters: a person cannot ordinarily ap ...
thelegalaffair

Allahabad High Court: Selected Candidate’s Appointment Claim Cannot Be Rejected Without Examining Vacancies and Earlier Court Directions

The Allahabad High Court has held that the settled legal principle that inclusion in a select list does not confer an indefeasible right to appointment cannot be used as a blanket justification for ...
thelegalaffair

Andhra Pradesh High Court: Curable Affidavit Verification Defect Cannot Be Ground for Dismissing Insolvency Application

Introduction: The Andhra Pradesh High Court has reiterated that procedural requirements must serve the interests of justice rather than become obstacles to the adjudication of sub ...
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

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 ...
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 ...
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, ...
thelegalaffair

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

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 ...
thelegalaffair

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 ...