Legal Update as on 14.12.2022

legal-updates
  1. KERALA HC PUBLISHES DIRECTIONS FOR SABARIMALA CROWD MANAGEMENT – The Kerala High Court ordered the District Administration to make sure that all pilgrims had a comfortable journey and darshan, anticipating that Sabarimala Temple will experience high visitor traffic in the coming days due to the Mandala festival.
    SUOMOTO VS STATE OF KERALA
  1. ALL HC – ANTICIPATORY BAIL PLEA NOT MAINTAINABLE IF ACCUSED ALREADY IN CUSTODY IN ANOTHER CASE, SAYS ALLAHABAD HIGH COURT – According to the Allahabad High Court, it is inadmissible for an accused person to request anticipatory bail if they are already in custody for a related or unrelated criminal case.
    RAJESH KUMAR SHARMA V. C.B.I. [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. NO. – 4633 OF 2022]
  1. BOMBAY HC: MARRYING A SECOND WOMAN WITHOUT THE CONSENT OF THE WIFE IS CRUELTY – According to the Bombay High Court, unless it has been done with the first wife’s consent, marrying another woman by a husband while his first marriage is still active is most likely to traumatise and seriously harm the first wife’s mental health and would constitute cruelty under Section 498A of the IPC.
    ATUL S/O RAJU DONGRE AND ORS. V. STATE OF MAHARASHTRA AND ANR.
  1. SC: AT THE STAGE OF DISCHARGE, THE ACCUSED’S PLEA ON THE APPLICABILITY OF S. 300 CRPC MUST BE CONSIDERED – According to the Supreme Court, the accused’s argument on the applicability of Section 300 CrPC must be taken into consideration at the time of release under Section 227 CrPC.
    CHANDI PULIYA VS STATE OF WEST BENGAL
  1. HC: DIFF. IN FINANCIAL POSITION OF DONOR AND RECIPIENT DOESN’T ESTABLISH COMMERCIAL ELEMENT – According to the Delhi High Court, there cannot be a commercial element established in situations of organ transplants from close family members based solely on the financial situation of the donor and the receiver.
    ADITI GOSWAMI v. GOVT. OF NCT OF DELHI & ORS., W.P.(C) 15294/2022
  1. SC: The temporary custody order under Section 9 of the HMA cannot be passed in the proceedings. – According to the Supreme Court, judgments granting interim child custody or visitation rights cannot be made in a process under Section 9 of the Hindu Marriage Act, which deals with restitution of conjugal rights.
    PRIYANKA VS SANTOSHKUMAR

Legal Disclaimer: The information contained in this blog post is for general information and educational purposes only. Nothing contained in this blog post should be construed as legal advice from The Aran Law Firm or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter.

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