NDPS Act | Accused Not Present At Crime Scene Should Be Held Equally Accountable Without Leniency: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that accused persons who are not present at the crime scene should be held equally accountable and should not be afforded any leniency under Narcotic Drugs and Psychotropic Substances Act (NDPS Act).The Court highlighted that there is a frequent practise to implicate individuals who are not present at the crime scene and this defence of...

BREAKING | Allahabad HC Limits UP Police 'Unfettered' Power To Open History Sheets; Mandates Reasoned Orders, Objection Consideration & Yearly Review

In a significant order, the Allahabad High Court today effectively tossed out the "unfettered powers" of the Uttar Pradesh Police to open Class-B history sheets against citizens without observing the principles of natural justice. For context, as per the UP Police Regulation, Class-B history sheets are opened for “confirmed and professional criminals, who commit a crime other...

Sale Deed Cannot Be Unilaterally Cancelled: Kerala High Court Reiterates

The Kerala High Court has reiterated that there cannot be unilateral cancellation of a sale deed.Justice Gopinath P. relying upon the Supreme Court's decision in Satya Pal Anand v. State of M.P (2016) and the high court's decision in Noble John v State of Kerala (2010) held thus:“Thus it is clear that there cannot be a unilateral cancellation of Ext.P.1 Sale Deed.Accordingly, on the ratio...

Justice Devendra Kumar Upadhyaya Sworn-In As Chief Justice Of Delhi High Court

Justice Devendra Kumar Upadhyaya today (21 January) took oath as Chief Justice of the Delhi High Court. His oath was administered by the Lieutenant Governor of Delhi.The oath ceremony was attended by the Delhi Chief Minister Atishi Marlena Singh and other senior officials. Justice Upadhyaya previously served as Chief Justice of the Bombay High Court from 29th July 2023.On January 7, the ...

Karnataka HC Declines Wife's Plea To Transfer Divorce Case, Says Safeguarding Women Is Admirable But Husband's Convenience Can't Be Overlooked

The Karnataka High Court has said that there should be a gender-neutral society which aims at preventing separation of duties according to sex or gender and the focus should be on equal treatment of men and women both in domestic affairs and workplaces. The court disallowed a plea for transfer of a divorce petition filed by the wife and stated that the husband's convenience cannot be...

We Can't Hear You Endlessly: Delhi High Court Tells Prosecution In Bail Hearing Of Sharjeel Imam, Umar Khalid, & Others In Delhi Riots Case

While hearing bail pleas filed by Sharjeel Imam, Umar Khalid and other accused in connection with the 2020 North-East Delhi riots UAPA case, the Delhi High Court today (21 January) orally remarked that the State's arguments cannot go on endlessly.After hearing arguments from the Special Public Prosecutor (SPP) for over an hour, Justice Navin Chawla and Justice Shalinder Kaur said “This needs...

MP High Court Issues Notice On Plea Challenging BCI's Attendance Rules, Meanwhile Permits NLIU Student Short On Attendance To Sit In Class

The Jabalpur bench of the Madhya Pradesh High Court recently granted interim relief to an law student to attend her fourth semester classes after she was debarred by NLIU Bhopal due to shortage of attendance. The court however made it clear that the student's fate would depend on the outcome of the plea. Issuing notice to the respondents, a division bench of Justice Sushrut Arvind...

'Records Of So Many Lawyers Disappeared, Govt Can't Raise Its Hands': High Court On Flooding Of Delhi Bar Council Office At Siri Fort Area

The Delhi High Court on Tuesday (January 21) orally told the municipal and local authorities in the national capital that they cannot simply raise their hands in the matter of water logging at Siri Fort Institutional Area during monsoon season, which led to flooding of Delhi Bar Council office last year.Justice Sachin Datta orally told the counsel appearing for the government, "Records of...

Concept Of Appointing Named Arbitrator Who Is An Interested Party Is No Longer Sustainable: Uttarakhand High Court

The Uttarakhand High Court bench of Chief Justice G. Narendar has held that the concept of appointing a named Arbitrator, who himself is an interested party, is no longer sustainable. Brief Facts: The dispute arose with respect to a contract executed between the parties for the construction and renovation of the Jummagad Small Hydro Project. The period of completion was fixed at...

Gratuity Cannot Be Forfeited For Employee Who Was Dismissed For Allegedly Misappropriating Funds Without Proper Proceedings: Karnataka HC

The Karnataka High Court has held that in case no proceedings have been initiated against a delinquent employee for recovery of the alleged losses caused to the public institution due to their misappropriation, the question of the employer retaining the gratuity amount of the dismissed employee and forfeiting the same, would not arise.Justice Suraj Govindaraj held thus while dismissing...

Delhi High Court Dismisses Plea Seeking ECI To Specify Special Circumstances For Using EVMs In Each Constituency

The Delhi High Court has dismissed an appeal seeking directions to the Election Commission of India (ECI) to comply with Section 61A of the Representation of the People Act, 1951 (RPA) before proceeding with any elections through EVMs. Section 61A RPA states that "Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines...

Award Passed After Inordinate And Unexplained Delay Can Be Set Aside U/S 34 Of Arbitration Act: Madras High Court

The Madras High Court bench of Justice P.B. Balaji has held that inordinate and unexplained delay in passing the arbitral award can be a ground to set it aside under section 34 of the Arbitration Act. Brief Facts The present petition has been filed under section 34 of the Arbitration Act against an award passed by the Arbitrator on September 30, 2019. The petitioner submitted...