Stubble Burning: High Court Seeks Punjab Govt's Response On Plea Against Alleged Cancellation Of Arms License, Red Entry In Land Record Of Farmers

The Punjab and Haryana High Court today sought response from the Punjab Government on a plea against alleged adverse action, including Red Entry in revenue record or cancellation of Arms Licence of farmers, to prevent and penalize stubble burning in Punjab.A division bench of Chief Justice Sheel Nagu and Justice Anil Kshetarpal asked the counsel appearing for Punjab Government to...

Criminal Courts Can Frame Charges By Excluding Offences In Final Report Or Including Offences Not Mentioned In Final Report: Kerala HC

The Kerala High Court stated that the criminal courts can frame charges based on the prosecution records, excluding the offences in the Final Report and even including offences not mentioned in the final report as per Section 228 and Section 240 of the CrPC.Section 228 pertains to framing of charges in Session cases and Section 240 deals with framing of charges for trial of warrant cases....

Undue Interest Of Police In Commercial Disputes Indicates Their Taking "Extraneous Consideration": Gujarat High Court

Observing that the Police's primary duty is to maintain law and order, the Gujarat High Court on October 15 (Tuesday) expressed its concern with the police authorities for taking "undue interest" in commercial disputes which apparently indicates taking of an "extraneous consideration".During the hearing, the State tendered a report prepared by the concerned Deputy Superintendent of Police...

Allahabad High Court Directs Centre, State To Frame Guidelines For Payment Of Maintenance Allowance To Estranged Spouses Of All Employees

The Allahabad High Court has directed the Secretary, Department of Personnel & Training under the Ministry of Personnel Public Grievances and Pensions, Government of India and Principal Secretary, Department of Appointment and Personnel, Government of Uttar Pradesh, Lucknow to frame appropriate Rules/Norms/Guidelines for the purpose payment of maintenance allowance to estranged spouses...

S.27A Customs Act | Interest On Delayed Refund Is Payable After Three Months Of Date Of Refund Application, Not From Date Of Order: Bombay HC

Pointing that the Department has delayed the refund on customs duty that was due & payable to assessee for almost ten years, the Bombay High Court ruled that such action of Department in avoiding the payment of interest on delayed refund by raising frivolous pleas, cannot be sustained. Referring to Supreme Court decision in Union of India Vs. Hamdard (Waqf) Laboratories [AIR 2016...

S. 295 IPC | Throwing Earth Material, Stones On Grave While Digging Land Doesn't Damage It, No Religious Sentiments Are Hurt: Bombay High Court

The Bombay High Court while quashing a First Information Report (FIR) lodged against a businessman under section 295 of the Indian Penal Code (IPC) held that mere throwing of earth material (soil, rocks etc) and stones on a grave while carrying out a digging work nearby it, would not amount to damaging, destroying or defiling the grave to hurt the religious sentiments.Sitting at Aurangabad,...

Though DNA Report Can Be Considered While Adjudicating Bail, Prosecution Can Contest Its Accuracy In Trial: J&K High Court

The Jammu and Kashmir and Ladakh High Court has emphasized that while the prosecution and complainant retain the right to contest the accuracy of the DNA analysis during the trial, such a report can be considered in the context of a bail petition before the trial fully unfolds.Granting bail to the petitioner, whose DNA test ruled him out as the biological father of the child allegedly born out...

Delhi High Court Seeks BCI's Stand On Attendance Requirements For 5-Year LLB Courses In Suo Moto Case Over Student's Suicide

The Delhi High Court has recently sought stand of the Legal Education Committee of the Bar Council of India (BCI) regarding the attendance requirements for five year LL.B. degree courses. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma asked the BCI's Legal Education Committee to hold a virtual meeting for finalising its position and directed that an affidavit...

Separate Notices Should Be Issued For Termination Of Contract And Suspension Of Registration, Even If Reason For Both Actions Is Same: MP High Court

The Indore bench of the Madhya Pradesh High Court recently quashed the suspension of a contractor's registration with the State Public Works Department, on account of lack of due process. The petitioner had challenged the suspension of his registration following the termination of a construction contract. The court highlighted that any measures like blacklisting or suspension must follow a...

Kerala High Court Stays BJP State President K Surendran's Discharge In Election Bribery Case

The Kerala High stayed the order of the Sessions Court, Kasargod allowing the discharge petition filed by BJP Kerala State President K. Surendran in the Manjeswaram election bribery case. The order was pronounced by Justice K. BabuThe prosecution case was that during the 2021 Kerala Assembly election, K. Surendran, while he was contesting from the Manjeswaram constituency, threatened and...

Karnataka High Court Issues Notice To State Over GO Allowing Waqf Board To Issue Marriage Certificates

The Karnataka High Court on Wednesday issued notice to the State government on a Public Interest Litigation filed questioning the government order by which it has allowed the Wakf Board to issue marriage certificates to married Muslim applicants.A division bench of Chief Justice N V Anjaria and Justice K V Aravind issued notice on the petition filed by one A Alam Pasha and directed the...

Development Activities Needed To Generate Funds: Bombay High Court Says Wadia Trust Empowered To Develop Lands To Fund Charitable Activities

In relation to an opinion sought by a Public Trust, the Bombay High Court has observed that the Trust is empowered to undertake development activities on its land either singly or through a joint venture for executing the Slum Rehabilitation Scheme, in order to generate revenue for its charitable activities.Background A single judge bench of Justice Abhay Ahuja was considering the...