High Courts
Unidentified Minors No Ground To Drop POCSO Charges In Cases Involving Child Sexual Exploitation Material: Delhi High Court
The Delhi High Court has held that the absence of identifiable child victims or conclusive proof of their age cannot be a ground to discharge accused persons under POCSO Act in cases involving child sexual abuse material (CSEM).Justice Swarana Kanta Sharma observed noted that in majority of CSEM cases, children remain unidentified and untraceable, and cannot be produced before the Court, which makes it practically impossible to obtain documentary proof of age or to conduct any medical or...
'Intellectual Disability Results In Lifelong Impairment': Kerala HC Assesses Functional Disability Of Child Injured In Road Accident At 100%
The Kerala High Court recently considered an appeal seeking enhancement of compensation awarded by a Motor Accidents Claims Tribunal to a child, who suffered intellectual disability, following an accident.Justice Sobha Annamma Eapen interacted with the injured person and opined that her functional disability should be assessed as 100% since intellectual disability results in life-long impairment.“Intellectual disability results in lifelong impairment and functional incapacity. The Psychiatrist...
Bombay High Court Slams Party For Obstructing 2011 Eviction Decree; Imposes 25K Costs & Orders Immediate Possession Warrant
The Bombay High Court has held that it cannot remain a mute spectator when execution of its orders is kept pending for an indefinite period despite there being no subsisting restraint. The Court observed that a decree which remains unexecuted defeats the very purpose of justice, and delay in execution deprives the decree holder of the fruits of the litigation.Justice Ajit B. Kadethankar was hearing a writ petition challenging the execution of a possession warrant arising from long-pending...
Delhi High Court Upholds Conviction Of Lawyer, Cop For Falsely Implicating Man In Gang Rape Case And Tortured In Police Custody
The Delhi High Court has upheld conviction of a lawyer and a cop for extortion and falsely implicating a man, now deceased, in a false gang rape case who was later on beaten up and tortured in police custody. Justice Chandrasekharan Sudha said that a strong message must be sent to the people occupying positions like a lawyer or a police officer that Courts would not treat such crimes lightly or turn a blind eye to such blatant misuse of their position and authority. The Court upheld the...
Pay Parity Can't Be Claimed On Common Recruitment When Pay Commission Maintains Cadre Distinction: Delhi HC
A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that pay parity cannot be claimed solely on basis of historical parity, common recruitment, or similar designation and overlap in functional duties, when the Pay Commission has maintained a distinction between different service cadres i.e. Secretariat and non-Secretariat. Background Facts The petitioners were Private Secretaries and Senior Private Secretaries. They were working...
Challenging Ex-Parte Maintenance Order? File Recall Plea U/S 145(2) BNSS Before Moving HC, Clarifies Allahabad High Court
The Allahabad High Court recently observed that a party wishing to challenge an ex parte maintenance order passed under Section 144 BNSS/Section 125 CrPC can't directly file a criminal revision plea in the High Court. A bench of Justice Jai Krishna Upadhyay clarified that an aggrieved party must first approach the Family Court or Judicial Magistrate under Section 145 (2) BNSS/Section 126(2) CrPC to seek the recall of such an ex parte order.The Court added that...
'No Violation Of Right To Property': Bombay HC Upholds Customary Right Of Villagers In Baner To Celebrate 'Bagad' Festival On Private Land
The Bombay High Court has held that recognition of the villagers' customary right to celebrate the Bagad festival on the suit property does not amount to a violation of the right to property of the landowners. The Court observed that the material on record prima facie indicated long and continuous exercise of such right by the villagers, and the orders of the Courts below granting protection to that right did not suffer from any perversity or illegality.Justice N. J. Jamadar was hearing a writ...
Kerala High Court Initiates Suo Motu Proceedings On Prison Overcrowding, Seeks Compliance With SC Directions
The Kerala High Court has initiated suo motu writ proceedings to address the issue of prison overcrowding and to strengthen open correctional institutions, in line with recent directions issued by the Supreme Court of India.A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V.M took cognizance of the matter following the Supreme Court's judgment dated February 26, 2026, which called upon High Courts across the country to examine prison conditions within their respective...
Unfair: Allahabad High Court Comes To Aid Of Man Whose Petrol Pump Allotment Was Cancelled By BPCL Over Minor Typo
The Allahabad High Court recently observed that cancelling a petrol pump dealership solely on the basis of a typographical error in the location is unfair and without any basis in law. A bench of Justice Shekhar B Saraf and Justice Indrajeet Shukla noted this is especially true when the dealer has already spent a huge sum of money acting on the Letter of Intent (LOI) issued by the authority. Briefly put, an advertisement was published by Bharat Petroleum Corporation Ltd. for petrol pump retail...
Plea In Bombay High Court Seeks Return Of Mortal Remains Of Indian Seafarer Killed In Iranian Missile Strike
A writ petition has been filed in the Bombay High Court seeking the return of the mortal remains of an Indian seafarer, who died in Oman coast due to an Iranian missile strike. The petition filed by Amratlal Goklal Solanki claims that their son Dixit Solanki was serving as an Oiler in the Engine Room aboard the vessel MKD, Vyom.The petition states that they were informed on March 1 by Captain Sadler Rebeiro, the operations manager of the vessel that Solanki sustained injuries due to an Iranian...
'Prima Facie In Contempt': Why Allahabad High Court Slammed Basti SP For Suspending IO Over An NBW
The Allahabad High Court recently issued a stern warning of criminal contempt to the Superintendent of Police, Basti, Dr. Yashveer Singh, after he suspended an Investigating Officer who obtained a non-bailable warrant against the accused persons from an ACJM Court. A bench of Justice JJ Munir and Justice Tarun Saxena observed that the SP's suspension order is "prima facie in contempt" of the Additional Chief Judicial Magistrate-II, Basti. The Magistrate had originally issued the...