High Courts
Karnataka High Court Grants Bail To Woman Accused Of Raising 'Jai Bangla' Slogan, Notes She Later Shouted 'Jai Bharat Mata Ki Jai'
The Karnataka High Court has granted bail to a 25-year-old woman, a resident of West Bengal, who was arrested for shouting the slogan 'Jai Bangla' during a demolition drive in Bengaluru this January. The single judge bench of Justice S.Rachaiah noted that the woman had uttered 'Jai Bharath Mata Ki Jai' thrice after uttering 'Jai Bangla' once. A person had instigated the woman to shout...
J&K&L High Court Grants Bail To NDPS Accused To Attend Minor Daughter's Surgery, Says Health Issues Of Family Of Paramount Consideration
The High Court of Jammu & Kashmir and Ladakh has held that the health condition of a family member of a detenue is a matter of paramount consideration, warranting judicial intervention in appropriate cases to safeguard humanitarian concerns.The Court was hearing a bail application filed by an accused under the provisions of the NDPS Act seeking interim relief to enable him to attend to...
PMLA Bail Granted After 3 Years' Custody; Calcutta High Court Says Article 21 Can Override Twin Conditions In Cases Of Prolonged Custody
The Calcutta High Court has granted bail to an accused in a money laundering case, holding that prolonged pre-trial incarceration of over three years violates the fundamental right to personal liberty under Article 21 and can justify relaxation of the stringent twin conditions under Section 45 of the Prevention of Money Laundering Act (PMLA).Justice Suvra Ghosh observed that howsoever stringent...
Special Police Officers Don't Hold Civil Post, Not Entitled To Article 311 Protection: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that a Special Police Officer (SPO) engaged under Section 18 of the Police Act does not hold a civil post and therefore cannot claim the protection of Article 311 of the Constitution or the disciplinary safeguards available to regular members of the police force. The Court clarified that while an SPO may claim a limited right of hearing...
Madras High Court Stays Contempt Proceedings Over Thiruparankundram Deepam Row
The Madras High Court on Tuesday (17th March), stayed the contempt proceedings pending before a single judge of the Madurai bench over non-compliance of its order directing the lighting of Karthigai Deepam at the Deepathoon (stone pillar) atop the Thiruparankundram Hills.The bench of Justice N Sathish Kumar and Justice M Jothiraman has issued the interim stay on an appeal filed by the...
Wife Can't Seek Husband's IT Returns Under RTI Act For Maintenance Proceedings, Exempt Under 'Personal Information': Karnataka High Court
The Karnataka High Court has held that a spouse cannot obtain the Income Tax Returns and financial records of the other spouse through an application under the Right to Information (RTI) Act, 2005, as such information constitutes 'personal information' under Section 8(1)(j) of the RTI Act, exempt from disclosure."…The details disclosed by a person in his income tax returns are...
Ad-Hoc Service Can't Be Ignored For Promotion If Appointment Was Not Illegal: Allahabad High Court
The Allahabad High Court has held that ad-hoc service of an employee cannot be ignored by the government for promotion if appointment was not illegal. It also held that promotion must be awarded to an employee, whose claim was illegally ignored, from the date on which his juniors were given promotion. Holding that an ad-hoc appointment made pursuant to the rules can at best be irregular and...
Service Of Showcause Notice Via Email Valid Under PMLA Regulations: Calcutta High Court
The Calcutta High Court has held that in proceedings under the Prevention of Money Laundering Act, 2002 (PMLA), the issue of whether all “relied upon documents” (RUDs) have been duly supplied to the noticee must be determined by the Adjudicating Authority at the threshold, before proceeding further with the case. Deciding a writ petition filed by Dipak De, Justice Krishna Rao declined...
“Unjust To Sustain Departmental Findings After Acquittal On Identical Evidence”: Bombay High Court Quashes CISF Officer's Dismissal
The Bombay High Court has held that dismissal from service based on findings in departmental proceedings cannot be sustained where the delinquent employee has been acquitted in a criminal trial arising from the same incident and based on identical evidence. The Court observed that where the charges, witnesses, evidence, and circumstances in both proceedings are substantially the same,...
Scheme For Reserving 25% Seats Under RTE Cannot Be Used Multiple Times For Admission Of Same Child: Bombay High Court
The scheme for reserving 25 per cent seats for the underprivileged under the Right To Education (RTE) Act is designed to distribute educational opportunities among as many eligible children but the said scheme does not confer a right on a parent to seek allocation of a seat multiple times for the same child, held the Bombay High Court recently. A division bench of Justice Vibha Kankanwadi...
Vellapally Natesan Files Appeal Before Kerala High Court Against Removal As SNDP General Secretary
Vellapally Natesan has approached the Kerala High Court in an appeal challenging the Single Judge judgment ordering his removal as the General Secretary of the Aruvipuram Sree Narayana Dharma Paripala Yogan (SNDP Yogam).The litigation traces back to complaints alleging that certain directors of the Yogam had incurred disqualification under Section 164(2) of the Companies Act, 2013, primarily...
'Accused Can't Blame Father For Not Informing Him About Hearing Date After Service Of Summons': HP High Court Rejects Delay Condonation Plea
The Himachal Pradesh High Court dismissed an application seeking condonation of a 130-day delay, holding that the applicant can't rely on the plea that his father did not inform him about the hearing date after receiving the court summons. Justice Rakesh Kainthla remarked that: “When the law requires that the summons be left with the adult male member of the family, it is as good as...