[S.152 BNS] Sedition Law Is A Shield For National Security, Not A Sword Against Political Dissent: Rajasthan High Court

Rajasthan High Court has ruled that Section 152, BNS had its roots in Section 124A of the IPC and was similarly worded to the offence of sedition. The Court ruled that the provision should not be used to cripple legitimate dissent and that only deliberate actions with malicious intent fell under its ambit.Section 152, BNSS, criminalises any acts that endangered sovereignty, unity and integrity...

Proof Of Demand & Voluntary Acceptance Of Bribe Key For Conviction, Recovery Of Marked Currency Notes Not Sufficient: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that the recovery of marked currency notes or a positive hand wash test, without proof of demand and voluntary acceptance of a bribe, cannot sustain a conviction under anti-corruption laws.Acquitting a former Accounts Officer, Justice Puneet Gupta emphasized that the prosecution must establish these fundamental elements beyond a...

Punjab & Haryana High Court Monthly Digest: November 2024

NOMINAL INDEX [Citations 319 - 372]MANGAL KUMAR DAWAR V/S STATE OF PUNJAB AND ORS 2024 LiveLaw (PH) 319Sangeet Pal Singh v. State of Punjab and another 2024 LiveLaw (PH) 320Hemant Bhagar and Ors v. Prekshi Sood Bhagat [along with connected matter 2024 LiveLaw (PH) 321Kala Singh v. Union of India and Others 2024 LiveLaw (PH) 322Jaswant Singh v. ED 2024 LiveLaw (PH) 323Jarnail Singh Bajwa...

'Will Hold You Responsible If Anything Happens': Bombay HC Tells Police After Muslim Man Was Allegedly Attacked Despite Protection Orders

After it was informed that a Muslim man, who along with his family was allegedly forced to chant "Jai Shri Ram" on a Mumbai-bound train, had escaped an allegedly "planned" accident in Kankavli, the Bombay High Court on Thursday (December 19), warned the state police that if anything happens to the man or if he dies, the concerned police officers will be held accountable for the same. Notably,...

CLAT 2025 : Delhi High Court Finds Two Answers 'Demonstrably Wrong', Directs To Revise Results Of Petitioner

The Delhi High Court has held that the law does not commend a total 'hands off' approach for Courts where the answer key is demonstrably wrong, underscoring that injustice caused to a candidate must be undone. Justice Jyoti Singh observed that there is no absolute proscription against a Court examining a challenge to the answer key in an examination process, even if there is an expert...

Punjab State Election Commission Act | Person Is Not 'Ordinarily Resident' Only Because He Owns A House In The Constituency: High Court

The Punjab & Haryana High Court said that a person would not be an “ordinarily resident” in terms of Punjab Election Commission Act only on the ground of owning or possessing a house.The court said, “though the statutory coinage “ordinarily resident” has been statutorily conveyed the connotation, that any voter would not be “ordinarily resident” in a constituency or in...

No Reason To Continue Criminal Proceedings If Accused Is Exonerated For Same Charges In Disciplinary Proceedings: Delhi High Court

While quashing a First Information Report (FIR) against an accused, the Delhi High Court reiterated that if an accused is found innocent in disciplinary proceedings and the same charges are levelled in the criminal case, then there is no justifiable reason to continue the criminal proceedings.Referring to various decisions of the Supreme Court and the high court Justice Vikas...

No Organisation Can Claim Vested Right Over Allotment Of Particular Land At Maha Kumbh Mela: Allahabad High Court

Noting the increase in since of Kumbh Mela, the Allahabad High Court has held that there is no vested right to allotment of a particular land in the Maha Kumbh Mela area only because they may have been allotted the same in previous years.Petitioner approached the High Court seeking allotment of land on the junction of Triveni Marg and Mukti Marg during the Mahakumbh Mela as a vested...

Civil Courts Retain Exclusive Jurisdiction For Non-Industrial Disputes & Provide Alternative Remedies For Common Law Claims: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that if a dispute is not an industrial dispute nor relates to the enforcement of any rights under the Industrial Disputes Act (ID Act), the remedy lies exclusively in a civil court.However, a bench of Justice Vinod Chatterji Koul clarified that if the dispute arises out of a right or liability under general or common law rather than the ID...

BJP Candidate Moves Kerala High Court Challenging Election Of Priyanka Gandhi From Wayanad Constituency

Navya Haridas, who stood in the recent Parliamentary by-elections conducted in Wayanad constituency on November 23 had filed a petition against the winning candidate Priyanka Gandhi. Priyanka Gandhi had won the election with a margin of over 4 Lakh over the CPI candidate, Sathyan Mokeri. Navya Haridas came a distant third.Navya Haridas alleges that the Ms. Gandhi suppressed vital...

Order 23 Rule 2 CPC| Limitation For Suit Instituted Afresh Applies As If Earlier Suit Was Never Filed: Jharkhand High Court

The Jharkhand High Court has under Order 23 Rule 2 of the Civil Procedure Code (CPC), the limitation period for a fresh suit instituted with court permission applies as if the original suit had never been filed.Order 23 CPC pertains to withdrawal and adjustment of suits wherein Rule 2 states that in any fresh suit instituted on permission granted under the last preceding rule, the plaintiff...

State To Decide Application For Compassionate Appointment If Made After 5 Years, Not Appointing Authority: Allahabad High Court

Recently, the Allahabad High Court has held if an application for compassionate appointment is made beyond the permissible limit of 5 years, it is not up to the appointing authority to consider the matter. Justice J.J. Munir held that as per Uttar Pradesh Recruitment of Dependent of Government Servants Dying in Harness Rules, 1974 the application was to be placed before the State, who would...