Dismissal Is Last Resort; Disciplinary Authorities Must Consider Lesser Penalties Before Extreme Punishment: Chhattisgarh HC

Chhattisgarh High Court: A Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal set aside the compulsory retirement of a police constable, finding the punishment to be disproportionate. The court held that disciplinary authorities must consider lesser punishments provided under Regulation 226 of the Police Regulations before imposing major...

Different Approach Must Be Adopted In Bail Pleas Arising Out Of Corruption Cases Of Huge Magnitude: J&K HC Denies Bail To Chief Engineer

The Jammu and Kashmir High Court held that while determining a bail application, the severity of the punishment is an important but not the only factor; the court must also consider the nature and gravity of the offence with which the applicant is charged.The court said that the allegations were not of an ordinary kind and fell under a different league. The case involved corruption...

Registering Officer Cannot Evaluate Title Or Irregularity In Document: J&K HC Directs Adherence To Statutory Duties Under Registration Act

The Jammu and Kashmir and Ladakh High Court has ruled that a Registering Officer's role is purely administrative and does not extend to determining the title of a document's executor.Justice Wasim Sadiq Nargal emphasized that as per the Registration Act and Rules, a Registering Officer is only required to register documents accompanied by supporting documents and has no authority to...

PMLA | For Acts Done Prior To Enactment Penalty Follows Only If Proceeds Of Crime Are Utilized, Article 20(1) Is Not Violated: Kerala HC

The Kerala High Court has held that Prevention of Money-Laundering Act, 2002 does not penalize a person for his past actions, but penal consequences only follow when the accused utilizes the proceeds of the crime from past actions for money laundering after the enactment of PMLA and the amendment to its schedule in 2009. The Court thus held that Section 3 of the PMLA criminalizes the act of...

Munambam Land Dispute: Kerala Govt Prefers Appeal Against High Court Order Cancelling Appointment Of Inquiry Commission; Hearing On April 3

The Kerala government has preferred an appeal against High Court's March 17 order cancelling the appointment of an Inquiry Commission set up by the State to resolve the land dispute between residents of Munambam and the Waqf Board.A single judge of the Court had allowed the plea filed by Kerala Waqf Samrakshana Vedhi, a registered society which works for protecting Waqf properties in the...

Gujarat High Court Delivers Spilt Verdict On Temporary Bail Sought By Asaram In Rape Case

The Gujarat High Court on Friday (March 28) gave a spilt verdict on the temporary bail plea moved by Asaram who was convicted in a 2013 rape case by a sessions court in 2023 and is serving a life sentence. Notably, the Supreme Court had in January this year granted interim bail till March 31 to Asaram on medical grounds.When the matter was called today, a division bench lead by Justice Ilesh...

S.110 Customs Act | SCN Cannot Be Issued After One Year, Detention Of Goods Impermissible: Delhi High Court

The Delhi High Court has held that detention of goods by the Customs Department cannot continue beyond a period of one year, if a show cause notice was not issued to the assessee within such period.A division bench of Justices Prathiba M. Singh and Rajneesh Kumar Gupta cited Section 110 of the Customs Act, 1962 which prescribes a period of six months. Further, subject to complying with...

Educational Service Tribunal Will Conduct Proceedings As Per Working Hours, CCTV & VC Facility To Be Set Up In 2 Months: State To Gujarat HC

The State has assured the Gujarat High Court that the State Educational Institutions Service Tribunal shall conduct judicial proceedings strictly as per the daily working hours, and CCTV cameras as well as virtual hearing facility shall be made available within two months. The submission was made by the government pleader in a matter, where the parties had earlier raised concerns about...

Breaking | Kunal Kamra Moves Madras High Court For Transit Anticipatory Bail In Mumbai Police FIR Over Satire Video; Hearing Today

Stand-up comedian Kunal Kamra has approached the Madras High Court seeking transit anticipatory bail in connection with the FIR lodged against him at Mumbai over his alleged remarks against Maharashtra Deputy CM Eknath Shinde.Kamra is a permanent resident of Villupuram town in Tamilnadu and thus claims Madras High Court has jurisdiction. An urgent mentioning of the case was made before...

NDPS Act | Court Need Not Look At Breach Of Mandatory Provisions Of Statute While Deciding Bail Plea: Kerala HC

The Kerala High Court observed that while considering the bail plea of an accused booked under NDPS Act, the concerned court need not look into violation of mandatory provisions of the Act. In doing so it underscored that at the stage of considering bail, only FIR, seizure memo and witness statements recorded by police are before the court based on which a prima facie finding cannot be...

Recovery Of Excess Amount Can't Be Permitted If Officer Is Not At Fault: Delhi High Court

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed that if an Officer was granted training allowance for the period he was not working as an Instructor, recovery for an excess amount at a later stage could not be permitted as it was undeniably not his fault. The Bench held that any amount recovered from the Petitioner should be refunded...

'Only Conversant With Urdu': Bombay HC Quashes Detention Order Over Non-Supply Of Translated Documents To Detenue

The Bombay High Court recently quashed a detention order of a man after noting the fact that the detaining authority did not serve all the documents pertaining to his detention in 'Urdu' - the language he was only conversant with.A division bench of Justices Sarang Kotwal and Shriram Modak noted that the detenue - Shahabaz Ahmed Mohammad Yusuf @ Commando was only conversant with Urdu...