"Doctors Are Backbone Of Healthcare, Police Officer's Badge Is Symbol Of Trust": Kerala HC On Cross-Allegations By Medical Officer & Circle Inspector

The Kerala High Court has quashed criminal proceedings against a doctor under Section 166B of the IPC, who was accused of showing unwillingness to examine the victim in a child missing case and failing to issue a medical certificate, on finding that the ingredients of the said offence were not made out. The Court however, expressed that enquiry has to be conducted against the doctor and...

Civil Judge (Senior Division) Has Unlimited Pecuniary Jurisdiction, Can Decide Suits Valued Below ₹5 Lakh: Jharkhand High Court

The Jharkhand High Court has clarified that the Civil Judge (Senior Division) has unlimited pecuniary jurisdiction and can adjudicate suits valued below or upto Rs. 5 lakh, even if such valuation would fall under the pecuniary jurisdiction of the court of Munsif. The Court ruled that the exercise of jurisdiction in such cases does not constitute an illegality.Justice Subhash Chand observed...

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts.The bench of Justice Arun Monga added...

Probate Proceedings End With Death Of Will's Executor, Substitution Of Legal Heirs Not Permissible: Patna High Court

The Patna High Court has said that upon the death of Will's executor, his/her legal heirs cannot be substituted in place of the executor, adding that probate proceedings come to an end upon the death of the Will's executor. Placing reliance on Section 222 of the Indian Succession Act, 1925, Justice Arun Kumar Jha noted that the right to obtain probate is confined to the executor and it can by...

Human Rights Commission Constituted, Building Allotment And Appointment Process Underway: Mizoram Govt Tells High Court

The Mizoram government on Wednesday (November 27) informed the Gauhati High Court at Aizawl that it has constituted the State Human Rights Commission under the provisions of Section 21(4) and (1) of the Protection of Human Rights Act, 1993 with its Headquarters at Aizawl.The division bench of Justice Nelson Sailo and Justice Marli Vankung was further informed by the State Government that...

Adverse Police Verification Report Doesn't Per Se Disentitle Citizen From Legal Right To Have A Passport: Rajasthan High Court

Rajasthan High Court has held that adverse police verification report per se could not dis-entitle a citizen from his legal right to have a passport. The bench of Justice Anoop Kumar Dhand held that the decision of issuing a passport or travel documents has to be taken by the Passport Authority alone and they cannot refuse such issuance without application of mind, solely because of an...

Delivering Child In Jail Will Certainly Impact Both Mother And Child: Bombay High Court Grants Bail To Pregnant Prisoner

The Nagpur bench of the Bombay High Court on Wednesday (November 27) granted six months bail to a pregnant prisoner for her delivery, observing that delivering the child in the jail atmosphere would certainly impact not only the mother but also the child.Single-judge Justice Urmila Joshi-Phalke granted bail to a woman booked under the stringent Narcotics Drugs and Psychotropic Substances...

Madras High Court Directs State Govt To Frame Rules Under PoSH Act, Consider Bringing Separate Dept For Women Empowerment

The Madras High Court has directed the State of Tamil Nadu to frame rules for the effective implementation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act (PoSH Act). Justice RN Manjula noted that though it was not fair to assume that the State lacked intention to implement the Act, the presence of inherent indifference could not be denied. In...

Elephant Parading For Temple Festivals Not Essential Religious Practice: Kerala High Court

The Kerala High Court dismissed an application filed by the Cochin Devaswom Board which sought a modification of Court's guidelines requiring a 3 meter distance between two Elephants when parading them for festivals.The Division Bench of Justice A.K.Jayasankaran Nambiar and Justice Gopinath P, on applying the essential religious practise Test laid down by the Apex Court in Commr. of Police...

LOC's Initial Validity Can't Exceed 4 Weeks, Originating Agency Must Give Reasons For Seeking Extension: Rajasthan HC Issues Guidelines

While laying down guidelines which are to be followed by concerned authorities/agencies for causing the issuance/continuance of a Look Out Circular (LOC), the Rajasthan High Court said that an order passed by the originating agency issuing an LOC must "specifically state" that it is valid only for four weeks. Extension of the LOC is permitted only if the originating agency...

Actor Darshan's Medical Certificates Don't Show Any Health Complication Preventing Surgery: Karnataka HC Observes Orally During Bail Hearing

The Karnataka High Court on Thursday orally observed that medical certificates produced by Kannada actor Darshan Thoogudeepa Srinivas, who was granted interim bail on October 30 in the Renukaswamy Murder case to undergo spinal surgery, do not reflect any medical complications preventing him from undergoing the surgery.A single judge bench of Justice S Vishwajith Shetty, who had earlier...

Limitation Period For Challenging Assessment Orders U/S 107 Of GST Act Begins From Date Of Rejection Of Rectification Application: Madras HC

The Madras High Court stated that limitation period for challenging assessment orders under section 107 of GST Act commences from the date of rejection of the rectification application filed under section 161. The Bench of Justice K. Kumaresh Babu observed that “………the period of limitation for challenging the order of assessment shall start ticking from the date of rejection...