Topic
Karnataka High Court ruled that when Section 17 of the SARFAESI Act offers an effective remedy, parties cannot approach the High Court under Article 226 for the same dispute. This safeguards the specialised bank-recovery framework and prevents parallel constitutional challenges, affecting banks and borrowers in enforcement proceedings.
The Allahabad High Court has ruled that the mere urgency of an injunction dispute cannot override the statutory right to appeal under Section 104 read with Order XLIII Rule 1(r) of the CPC. This reinforces that constitutional writ jurisdiction under Article 227 is not a substitute for appellate remedies, ensuring procedural discipline in civil litigation and protecting the hierarchy of judicial review.
Punjab & Haryana High Court reaffirms that FIRs under private offences (Sections 406, 420 IPC) can be quashed under BNSS Section 528 if parties reach a genuine compromise, provided procedural safeguards like victim statements are followed. The ruling clarifies that BNSS retains CrPC’s inherent powers for quashing non-compoundable offences, offering relief to accused where disputes are amicably resolved.
Bombay High Court affirms that pending adoption matters under the Juvenile Justice Act can be decided by a single judge even if the 2021 amendment is under challenge, ensuring continuity in child welfare proceedings. The ruling sets a precedent for uninterrupted adjudication of adoption cases despite legislative disputes.
Jharkhand High Court quashed a proclamation under Section 82 CrPC, ruling that a valid proclamation requires recorded judicial satisfaction of the accused's absconding status and a fixed time/place for appearance. The judgment reinforces procedural compliance as mandatory for fair trial rights.