High Courts
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...
Party Can't Bypass Sessions Court And Directly Move High Court In Revision Against Order Framing Charge, Court Already Flooded: Rajasthan HC
Remarking that the court is already flooded with several quashing petitions under Section 482 CrPC, the Rajasthan High Court observed that though both High Court and Sessions Court have concurrent jurisdiction to review orders, a party cannot bypass the Sessions court's revisional jurisdiction. Section 397, CrPC lays down the revisional powers of the High Court and the Sessions Court.The...
Delhi Riots: Tahir Hussain Moves Interim Bail Plea Before High Court To Participate In Upcoming Assembly Polls
Former Aam Aadmi Party Councillor Tahir Hussain on Friday moved the Delhi High Court seeking interim bail in a 2020 North-East Delhi riots case in order to participate in the upcoming Assembly polls from Mustafabad constituency as a member of All India Majlis-e-Ittehadul Muslimeen (AIMIM) party.The matter was listed today before Justice Amit Sharma who recused from hearing the case. The plea...
Detaining Authority Must Show Likelihood Of Bail To Pass Preventive Detention Order Against Person Already In Custody: Gauhati HC Reiterates
The Gauhati High Court recently set aside detention and confirmation orders under NDPS Act against two detenues in judicial custody, on the ground that the orders lacked cogent materials based on which the Detaining Authority had reasons to believe that the detenues could be released on bail.The division bench comprising Justice Manish Choudhury and Justice Devashis Baruah...
No Right Conferred On Proposed MLCs Until Governor's Decision Under Article 166, Council Of Ministers Can Withdraw Nominations: Bombay HC
While dismissing the plea filed by Shiv Sena (UBT) leader Sunil Modi, challenging the Governor's decision permitting the State government to withdraw 12 Member of Legislative Council's (MLC) nominations, the Bombay High Court observed that as no 'decision' was taken by the Governor on the earlier advice tendered by the Council of Ministers for nomination of 12 MLCs, no right was conferred on...
Concept Of 'Res Ipsa Loquitur' Is Merely An Aid For Evidence In Criminal Cases, Not Substantive Law: Kerala High Court
The Kerala High Court (on January 08) observed that the principle of res ipsa loquitur (accident speaks for itself) can be extended to criminal cases, only as an aid for assessment of evidence. The maxim does not embody any rule of substantive law nor a rule of evidence., said the Court.The Bench of Justice K Babu observed thus while acquitting an accused, convicted of rash and negligent...