High Courts
Collecting Voice Samples Against Wish Of Accused Not Violative Of Right To Privacy, Right Against Self-Incrimination: Rajasthan High Court
Rajasthan High Court has ruled that Article 20(3) of the Constitution of India only states that accused could not be compelled to be a witness against himself and not that the accused could not be compelled to be a witness at all. Consequently, asking the accused to furnish his/her voice samples did not amount to self-incrimination when the incrimination was contingent on comparing that...
Rajasthan High Court Dismisses PIL Challenging Appointments Of AAGs, Law Officers; Says Executive's Domain To Decided Their Suitability
The Rajasthan High Court has dismissed a PIL filed by the national President of “Lashkar-E-Hind”, challenging the appointment of Additional Advocate Generals (“AAGs”) and Law Officers (“LOs”) by the State Government, for lacking any merits and being filed solely on the basis of vague allegations.“The suitability of a lawyer who is engaged by the Government is a matter...
Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court
The Patna High Court stated that the Appellate Authority has a duty and an obligation to examine grounds raised by assessee in memorandum of appeal and decide issue on merits even if appeal is filed ex parte. The Bench consisting of Chief Justice K. Vinod Chandran and Justice Partha Sarthy, stated that “the Appellate Authority even while considering the appeal ex parte will have...
Enforcement Of Litigant's Undertaking Continues Notwithstanding Disposal Of Matter Till Such Undertaking Is Discharged: Calcutta High Court
On 22.11.2024, a Division Bench of the High Court at Calcutta comprising of Justice Joymalya Bagchi and Justice Gaurang Kanth, while dismissing an appeal from a contempt petition filed against the partners of M/s Bengal Industrial Corporation by Rajasthan Fertilisers & Chemical Corporation Limited held “contempt proceeding has been instituted to enforce an undertaking given by...
Magistrates Must Ensure That Accused Get Sufficient Legal Advice Before Pleading Guilty: Madras High Court
The Madras High Court recently allowed two men to contest their case before the trial court even after making a submission admitting their guilt. Justice Anand Venkatesh made the order after noting that the men had admitted their guilt before the trial court without knowing the consequences. The court thus observed that the Magistrate must ensure that the accused persons have...
No Conspiracy To Murder Deceased: Co-Accused Pavitra Gowda Tells Karnataka High Court In Renukaswamy Murder Case
Pavitra Gowda–a co-accused in the Renukaswamy Murder case along with Kannada Actor Darshan Thoogudeepa Srinivas–while seeking bail told the Karnataka High Court on Tuesday (December 3) that there was no conspiracy entered into between the accused to murder the deceased.Counsel for Gowda who is Accused no 1 in the case submitted before Justice S Vishwajith Shetty that “On the...
'Died While Serving Nation': Punjab & Haryana High Court Grants Full Pension To Widow Of Soldier Who Died In 1965 War Despite 54-Yr Delay
The Punjab & Haryana High Court granted benefit of full pension to widow of a soldier who died in 1965 War on the western front due to a mine-blast.The Court set aside the order of the Armed Forces Tribunal (AFT) to the extent whereby, the arrears were restricted to three years prior to the date of filing of the application on account of delay of 54 years.Justice Sureshwar Thakur and...
'No Sanction; Communal Tension Over Pipal Tree': UP Govt Justifies Objection To Renovation Of 19th Century Ayodhya Mosque In High Court
The Uttar Pradesh government last week strongly objected to the renovation and repair work of the 19th-century Hussaini Mosque in Ayodhya, citing an attempt by the Mosque Committee to undertake construction on the mosque's land without proper sanction. The objection was raised before the Allahabad High Court, where the Additional Chief Standing Counsel justified the Govt's stance...
“Caused Damage To Parties”: Madras High Court Imposes Cost On Former MP For Filing Plea Against Mining Without Proper Research
The Madras High Court recently dismissed a petition filed by former DMK MP challenging the government notification inviting tenders for quarry lease. While doing so, the bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy also imposed a cost of Rs 4 Lakh (Rs 1 Lakh for each petition) for filing the petition without proper research. The court directed the cost to...
Whether Woman Allegedly Gang-Raped, Pushed Out Of Train In 2016 Compensated Under Railways Act? Asks Allahabad HC
The Allahabad High Court has asked the Union Ministry of Railways whether it has compensated a 35-year-old woman who was allegedly pushed out of a moving train after being gang-raped in 2016, resulting in the loss of her right leg, under the Railways Act of 1989. A bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh made the query while hearing a suo motu Public...
Musi Riverfront Project: Telangana HC Directs State To Take Steps To Evict Illegal Occupants, Ensure Sewage Doesn't Contaminate River Water
While hearing the Musi Riverfront Development Project case, the Telangana High Court ordered the state authorities to implement guidelines of the Supreme Court regarding issuing notices to encroachers for removal of "unauthorised constructions" in River Bed Zone, Full tank Level (FTL) and the Buffer Zone of the river. In doing so the court underscored that it is the State's duty to...
Mother Was 'Shocked' To Find Unmarried Daughter Pregnant, Delay In Reporting To Police Justified: Kerala HC Quashes Case U/S 19 POCSO Act
The Kerala High Court has held that the trauma and shock of a mother coming to know of her minor, unmarried daughter's pregnancy is a justifiable reason for delay in informing the POCSO offence to the police. Justice A. Badharudeen observed that in one way the mother can also be considered the victim of the crime and thus, prosecuting her under Section 19 of the Act is like “putting...