High Courts
Delhi High Court Issues Notice On Congress Leader Karti Chidambaram's Plea Against Charges In Chinese Visa Scam Case
The Delhi High Court on Wednesday (January 28) issued notice on a plea filed by Congress MP Karti P Chindambaram challenging a trial court order framing charges against him in connection with the Chinese visa scam case being probed by the Central Bureau of Investigation. After hearing the matter for some time Justice Manoj Jain in his order dictated:"The petitioner assails order dated...
'Barbarity Dripping From Every Ounce': MP High Court Confirms Death Penalty For Rape, Murder Of 5-Yr-Old
The Madhya Pradesh High Court has affirmed the order of a Special Court convicting a man and sentencing him to death penalty for raping and murdering a five-year-old girl. The division bench of Justice Vivek Agarwal and Justice Ramkumar Choubey observed that the accused used a knife inside the victim's vagina to enlarge it, making it easier for penetration on an infant girl. Further, the...
'Direct Nexus With Safety': Delhi High Court Seeks DGCA Stand On Plea To Implement Pilot Resting Norms
The Delhi High Court on Wednesday (January 28) sought stand of the Directorate General of Civil Aviation (DGCA) on a plea challenging its decision to keep in abeyance the regulations on Flight Duty Time Limitations, which prescribe minimum resting time for pilots and flight crew members to ensure passenger safety.The plea states that the norms are meant to strengthen "fatigue management"...
Procedural Compliance U/S 133 CrPC Mandatory; Well-Intentioned Orders Can't Survive Procedural Lapses: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has dismissed a petition challenging the remand of proceedings under Section 133 CrPC to the Sub Divisional Magistrate (SDM) for fresh consideration, holding that procedural compliance under Chapter X CrPC is mandatory and cannot be bypassed even for a "well-meaning" order.A bench of Justice Rahul Bharti held that if the provisions of Chapter X of...
Future Medical Treatment Abroad Can't Be Ignored While Computing Motor Accident Compensation: P&H High Court Awards ₹9.16 Crore
The Punjab and Haryana High Court has enhanced compensation awarded to a motor accident victim from ₹52 lakh to ₹9.16 crore, holding that the claimant, who has suffered 100% permanent functional disability and his future medical treatment cannot be ignored.The Court also granted ₹6 crore towards advanced medical treatment in the United States of America.Justice Sudeepti Sharma said,...
Forgery Conviction Can't Sustain Sans Proof Of Authorship; Mens Rea Must Be Established Independently If Doc Accepted By Authority: J&K&L HC
Underscoring the foundational requirement of mens rea in criminal prosecution for forgery and corruption, the High Court of Jammu & Kashmir and Ladakh has held that even if the prosecution's version that a tampered document was used to secure a benefit is assumed to be correct, the mental element of the offence must still be independently proved.A bench of Justice Sanjay Parihar ruled...
'Unbelievable That Husband Would Set Wife On Fire Over Separate Residence Demand': 22 Years On P&H High Court Acquits Man In Murder Case
The Punjab and Haryana High Court acquitted a man after 22 years, who was sentenced to life for allegedly setting his pregnant wife on fire, holding that it was highly unbelievable that a "trivial dispute" over separate residence could lead him to murder his wife adding that the alleged motive was extremely weak.The Court set aside the judgment passed by the Additional Sessions Judge, in...
J&K&L High Court Admits Plea Challenging CPC Amendments Made Under Reorganisation Order 2020 As 'Ultra Vires'
The Jammu & Kashmir and Ladakh High Court has admitted a writ petition challenging the validity of amendments made to the Code of Civil Procedure, 1908, through the J&K Reorganisation (Adaptation of Central Laws) Order, 2020, and has stayed further proceedings before the trial court in the meantime.A bench of Justice Sanjay Parihar was hearing the petition under Article 226 of...
Bar On Bail Under Section 37 NDPS Act Lifted Where Co-Accused Acquitted On Same Evidence: Gauhati High Court
The Gauhati High Court granted bail to an NDPS accused after holding that, once the co-accused in the same case (tried separately) had been acquitted and such findings had not been disturbed in appeal, the Court was bound to proceed on the basis that those findings were valid for the purpose of bail, thereby satisfying the twin conditions under Section 37 of the NDPS Act.Justice Sanjeev...
Delhi High Court To Hear In April NIA's Plea Seeking Death Penalty For Yasin Malik
The Delhi High Court on Wednesday (January 28) granted time to National Investigation Agency to submit its rejoinder to Kashmiri separatist leader Yasin Malik's reply in the agency's appeal seeking death penalty for Malik in a terror funding case. During the hearing, SPP Akshai Malik appearing for NIA, before a division bench of Justice Navin Chawla and Justice Ravinder Dudeja sought some time...
MPPSC Can't Reject Doctors For PG Additional Registration Not Prescribed In Recruitment Advertisement: MP High Court
The Madhya Pradesh High Court, on Tuesday (January 27), allowed a batch of writ petitions filed by qualified medical practitioners challenging the rejection of their candidature in the recruitment process conducted by the MP Public Service Commission for the post of Medical Officer (Grade-I) and Specialist Doctors under the Public Health and Medical Education Department.The bench of Justice...
Agreement To Sell Doesn't Create Rights Over Reserved Forest Land: Gujarat High Court Dismisses 22-Year-Old Appeal
The Gujarat High Court has held that an agreement to sell in respect of land forming part of Government forest land does not create any right, title, or interest, and that possession claimed on the basis of such an agreement cannot be protected against the State.Justice J. C. Doshi dismissed a second appeal filed under Section 100 of the Code of Civil Procedure back in 2004, affirming...