A division bench of Justices A S Gadkari and Neela Gokhale, while hearing a petition to quash a case, highlighted that the police frequently violate Section 172(1-B) of the Criminal Procedure Code (CrPC). This section requires that case diaries be properly paginated and maintained.

In January, the same concern was raised, prompting the DGP to issue a circular to all police officers. However, the court found the case diary in question to be “shabby” and improperly maintained.

The bench remarked that investigating officers are either unaware of the circular or pretending to be ignorant. The court stressed the need for strict adherence to DGP directives and statutory requirements.

The court ordered the case diary from Kherwadi police station to be forwarded to the DGP for remedial action and demanded a detailed report by June 28.

Justices Girish Kulkarni and Firdosh Pooniwalla heard a petition by Jaiprakash Kulkarni and Pharma Search Ayurveda Private Limited challenging the Banking Ombudsman’s refusal to order the refund. Citing a July 2017 Reserve Bank of India (RBI) circular and the bank’s Consumer Protection Policy, the court asserted that customers have zero liability in such cases.

The HC emphasized the rising incidence of cyber fraud, stating, “Both as per the RBI circular and the policy of the bank, a customer has zero liability when unauthorized transactions occur due to a third-party breach where the deficiency lies neither with the bank nor with the customer but elsewhere in the system.”

On October 1, 2022, beneficiaries were added to the petitioner company’s bank account without any OTP sent to the registered mobile number. The next day, ₹76 lakh was transferred to various unknown individuals. The petitioners promptly lodged a complaint with the Cyber Cell and informed the bank manager.

Despite the complaint, the Banking Ombudsman rejected their claim, stating the transactions were conducted using valid credentials. However, cyber cell reports confirmed no OTPs were sent to the petitioners. The court found no negligence or collusion on the petitioners’ part.

The court concluded that both the bank and the petitioners were victims of third-party fraudsters. As per the RBI circular, the petitioners were entitled to a refund. The court directed Bank of Baroda to refund the ₹76 lakh within six weeks, criticizing the Banking Ombudsman for inadequate inquiry.

A division bench of Justices Rahul Chaturvedi and Nand Prabha Shukla emphasized that the burden of proof lies on both the complainant and the accused. “No doubt, chapter XVI on ‘sexual offences’ is a women-centric enactment to protect the dignity and honour of a lady and girl, but while assessing the circumstances, it is not the case that the male partner is always wrong,” the court noted.

The case involved an appeal by the complainant against the acquittal of the accused in a rape case. The accused had also faced charges under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989. In 2019, the woman filed a police complaint in Prayagraj, alleging that the accused had established a sexual relationship with her on the promise of marriage but later refused to marry her, also making derogatory remarks about her caste. The accused was charge-sheeted in 2020.

On February 8, 2024, the trial court in Prayagraj acquitted the accused of rape but convicted him under Section 323 (voluntarily causing hurt) of the IPC. The complainant then approached the high court.

The accused argued that their relationship was consensual and that he had refused marriage upon discovering that the woman had lied about her caste. The court found that the complainant, who married in 2010 but separated after two years, had hidden her marital status and caste from the accused.

The court upheld the trial court’s acquittal, noting that the woman maintained a physical relationship with the accused for five years without objection, frequently visiting hotels together. The court concluded that the trial court was correct in acquitting the accused, as the victim’s claims of sexual harassment and rape were unsubstantiated.

Justice Swaminathan noted that the assumption that an unmarried woman above 18 cannot give her child for adoption is flawed. He emphasized that a child’s birth circumstances, such as a live-in relationship or illicit intimacy, should not prevent the mother from ensuring a better future through adoption, especially if the father has abandoned the child.

The case involved a journalist, Ashok Kumar, who wanted to adopt a three-year-old boy “A” from “K,” a minor mother at the time of conception. The Registering Authority refused the adoption due to the lack of the biological father’s consent. However, the court found that “K,” being a Hindu and raising “A” as a Hindu, had the right to give her child in adoption under the Hindu Adoption and Maintenance Act.

The court referenced the Supreme Court’s decision in Githa Hariharan v. RBI, clarifying that the term “after” in Section 6(a) of the Hindu Minority and Guardianship Act signifies absence, not necessarily death. Therefore, the father’s indifference equates to absence, making “K” the competent guardian.

The court directed the authority to register the adoption deed upon fulfillment of other formalities, affirming the mother’s right to decide her child’s future.

Jana Sena Party (JSP) leader Konidela Pawan Kalyan will serve as the deputy chief minister of Andhra Pradesh, following the allocation of portfolios by the N Chandrababu Naidu government on Friday.

In addition to his role as deputy chief minister, Pawan Kalyan will also take charge as the minister for Panchayati Raj and Rural Development. He will oversee additional portfolios, including Environment and Forests, and Science and Technology.

The 55-year-old actor-turned-politician emerged victorious from the Pithapuram Assembly constituency in the recently concluded elections.

Earlier in the day, Kalyan’s social media account on X hinted at the announcement, as a post addressing him as the deputy chief minister was reposted.

A Jana Sena leader told The Indian Express, “We were hopeful that he would be recognized for his efforts leading up to the elections.”

Pawan Kalyan is credited with facilitating the alliance between the BJP and the Telugu Desam Party prior to the elections. A TDP insider commented, “Pawan Kalyan was the only candidate suitable for the deputy chief minister position.”

Jana Sena sources indicated that Pawan Kalyan is pleased with the Panchayat Raj and Rural Development portfolio. He had previously expressed a desire to implement “gram swaraj” (village self-governance) in Andhra Pradesh. Additionally, Kalyan personally requested the Environment and Forests portfolio to combat red sand smuggling and reduce human-animal conflict in the state, the sources added.