Saikat Rahman

In light of Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015 the Uttarakhand High Court noted that any person, who is apparently a child, shall be entitled to be released on bail with or without surety or placed under the supervision of a probation officer or under the care of […]

\”The Jammu and Kashmir High Court recently dismissed a criminal acquittal appeal, noting that the evidence of post-mortem report by no stretch of imagination can be made the sole basis for the conviction of the accused in the absence of legal proof against them. A Division Bench of Justices Mohan Lal and Sanjeev Kumar held,

\”the Allahabad High Court recently observed the insurance company cannot be permitted to avoid its liability only on the ground that the person driving the vehicle, which caused the accident of the deceased, was not duly licensed at the time of the accident. Referring to a 2003 ruling of the Apex Court (United India Insurance

\”The Andhra Pradesh High Court recently granted regular bail to an accused under Narcotics Drugs and Psychotropic Substances Act, 1985, noting that the rigours of bail stipulated under Section 37 thereof do not apply in case the recovery is not of commercial quantity contraband. The petition was filed under Sections 437 and 439 of Code

\”The Gujarat High Court has reiterated that presumption of innocence in favour of an accused is strengthened upon acquittal by the trial Court. The Bench comprising Justice Rajendra M Sareen observed, \”in case of Acquittal, there is prejudice in favour of the Accused, firstly, the presumption of innocence is available to him under the Fundamental

\”The Punjab and Haryana High Court has held that default bail to an accused charged under NDPS Act cannot be denied on the pretext of investigation not being complete within the stipulated period of 180 days, unless the Public Prosecutor, after he has independently applied his mind, files a report disclosing justification for keeping the

While dealing with a matter related to the recovery of a maintenance amount, the Allahabad High Court observed that sentencing is just a way to recover the arrears and is not a mode to discharge the liability. The Bench of Justice Dr. Yogendra Kumar Srivastava relied on Poongodi vs Thangavel wherein the court ruled that proviso to

the Supreme Court ruled that it cannot repudiate a claim because there was a delay in intimating the insurance company regarding the occurrence of theft if the FIR was lodged immediately. The court relied on Gurshinder Singh vs Shriram General Insurance Company Ltd wherein it was held that when an insured lodges FIR immediately after the theft

Telangana High Court has observed that after issuance of notice under Section 41-A Cr.P.C., if the police feel that the accused has to be arrested, then, without obtaining permission from the Magistrate concerned, they cannot arrest the accused. The Bench of Justice Lalitha Kanneganti observed thus while dealing with an anticipatory bail plea filed by

\”In a noteworthy judgment, the Kerala High Court on Wednesday made several important observations on matrimonial cruelty and the scope of revival of condoned matrimonial offences. A Division Bench comprising Justice A. Muhamed Mustaque and Justice Sophy Thomas dismissed an appeal filed by a woman seeking to reverse the order of a Family Court which