Successive Petitions U/S 482 CrPC Not Entertainable If Filed Without Any Change Of Facts Or Circumstances: Rajasthan High Court Reiterates

Rajasthan High Court reiterated that there was no blanket rule against filing successive petitions under Section 482, CrPC, before the High Court, however, in such petitions it had to be seen whether there was any change in facts and circumstances that necessitated filing of the petition.The bench of Justice Anoop Kumar Dhand was hearing a criminal miscellaneous petition against the order of...

One Parent Who Is Lawful Guardian If Takes The Child From Custody Of Other Parent, Wouldn't Amount To Kidnapping: Telangana HC Reaffirms

The Telangana high court on Wednesday (January 8) reiterated that if a parent who is lawful guardian of the child, takes a child away from the custody of the other parent, it would not amount to kidnapping and does not call for registering an FIR under 137(2) of the BNS.Section 137(2) BNS states that whoever kidnaps any person from India or from lawful guardianship shall be punished...

Forfeiting 26 Yrs Of Constable's Service Over 15-Days Unsanctioned Leave Due To Medical Emergency Shocks Court's Conscience: Rajasthan HC

Rajasthan High Court has set aside the forfeiture of 26 years of service of a constable who went on unsanctioned leave of 15 days on account of illness, opining that the punishment was so excessive, grossly disproportionate and arbitrary that it shook the conscience of the Court and undermined the rehabilitative objective that a welfare state ought to follow.“Punishing...

Orissa HC Initiates Contempt Action Against Ex-Constable & His Advocate For Questioning Impartiality Of Judges In Full Bench

The Orissa High Court on Wednesday initiated action for criminal contempt against an ex-constable and his Advocate for casting aspersions on impartiality of two Judges sitting on a Full Bench.The Full Bench of Chief Justice Chakradhari Sharan Singh, Justice Savitri Ratho and Justice Sibo Sankar Mishra found the preliminary objection of the respondent to be prima facie contemptuous and...

'Police Investigation Was An Eye-Wash': Madras High Court Constitutes SIT To Investigate Illegal Mining In Western Ghats

The Madras High Court on Friday, constituted a Special Investigation Team comprising of two IPS officers to enquire into large levels of illegal mining that has been happening near the reserve forests of Western Ghats. The specially constituted forest bench of Justice N Satish Kumar and Justice Bharatha Chakravarthy transferred all the pending investigations into the batch of cases to the...

NDPS Act| Manner In Which Accused Is Arraigned In FIR Is Relevant While Adjudicating Pre-Arrest Bail Plea: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that while adjudicating anticipatory bail under NDPS, the manner in which the petitioner has been arraigned or implicated is a required to be seen.Justice Sumeet Goel explained, “The final evidentiary value and admissibility of the disclosure statement made by a co-accused fall within the domain of the trial Court and are to be...

Nylon Threads, Cotton Threads With Glass Coating Both Banned By State, Can't Be Used For Kite Flying: Gujarat HC Ahead Of Uttarayan Festival

The Gujarat High Court on Friday (January 10) said that even glass-coated cotton threads, often used for kite flying, are extremely dangerous for all including citizens, birds and animals, and thus cannot be used in the upcoming Uttarayan festival, to be celebrated in the State on 14th and 15th of this month.While referring to the State's resolution from December on the subject, a division...

DHJS 2024: Delhi High Court Refuses To Modify Cut Off Date For Candidates' Age

The Delhi High Court has refused to modify the criteria according to which candidates appearing in Delhi Higher Judicial Services (DHJS) 2024 examination must have attained the age of 35 years on January 01, 2024. A division bench comprising Justice C Hari Shankar and Justice Amit Mahajan rejected the plea filed by a candidate, Shweta Chowdhery, who challenged the one of the conditions...

Once A Family Member Appointed On Compassionate Basis Is Terminated, Another Member Can't Seek Appointment: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that once a family member has availed the benefit of compassionate appointment, the same cannot be granted to another family member after the service of that family member had been terminated.In the present case, the appellant's brother was appointed on compassionate grounds in position of her father, who passed away during service. However, the...

'People Should Sleep At 4am, Not Go To The Movies': Telangana HC Says On State Allowing Morning Special Show Of 'Game-Changer'

The Telangana High Court in an interim order on Friday (January 10) directed the State Government to review its decision which permitted an increased fare for tickets to the screening of the Ram Charan starrer 'Game-Changer'.During the hearing court also orally criticised the State government for permitting the screening of the movie at 4 am, remarking that "People should sleep at 4am not go...

Child's Ordinary Residence And Not Natural Guardianship Decides Which Court Will Have Jurisdiction In Custody Dispute: Punjab & Haryana HC

The Punjab & Haryana High has said that the "ordinary residence of a child" or a ward would determine which court would have jurisdiction to decide the child's custody under the Guardianship & Wards Act. It further underscored that the "ordinary residence" of the child would determine the court's jurisdiction which can hear the custody case, and the "natural guardianship" of the...

Muslim Male Cannot Seek Divorce Under Dissolution Of Muslim Marriages Act But Has Remedy Under Family Courts Act: MP High Court

The Madhya Pradesh High Court has made it clear that even though a Muslim man has no way to seek divorce under the Dissolution of Muslim Marriages Act, 1939, he is not rendered remediless in law and he can seek recourse under Section 7 of the Family Court Act, 1984 to seek divorce from his wife. The division bench of Justice Anand Pathak and Justice Hirdesh observed, "it appears from perusal...