High Courts
Child Custody Guidelines | Delhi High Court Refers PIL For 'Parenting Plan' To Administrative Side; Committee To Decide On Policy
The Delhi High Court on Wednesday asked a PIL petitioner, who sought the formulation of structured 'Child Access and Custody Guidelines' and a 'Parenting Plan', to approach the HC on its Administrative Side for policy formulation regarding the issue. A Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia thus disposed of a PIL plea filed by the Ayushman Initiative for Child Rights and the Ekam Nyaay Foundation, observing that the matter was to be considered by the ...
Delhi High Court Calls For Integration Of Non-FIR Complaint Data, Pending & Decided Court Cases On NCRB Portal
The Delhi High Court has called for integration of data of complaint cases which do not result in FIRs as also cases which are pending or decided by the competent Courts on the National Crime Records Bureau (NCRB) portal. A division bench comprising Justice Prathiba M Singh and Justice Madhu Jain asked the Director of NCRB as also DDG of National Informatics Centre (NIC) to file status reports as to whether any steps have been contemplated for integrating the said data on the NCRB portal. The...
Noida Techie Death Case | Allahabad High Court Orders Immediate Release Of 'MZ Wiztown Planners' Director
The Allahabad High Court on Thursday ordered the immediate release of Abhay Kumar, director of MZ Wiztown Planners, who was arrested last month in connection with the drowning of software engineer Yuvraj Mehta in a waterlogged pit near a construction site in Uttar Pradesh's Noida. A Bench of Justice Siddhartha and Justice Jai Krishna Upadhyay observed that his arrest was carried out in violation of the High Court's recent judgment in the case of Umang Rastogi and Another...
'He Could Have Been Alive': Kerala High Court Flags Systemic Failure After DNA Confirms Body Of Missing Deportee Suraj Lama
The Kerala High Court was on Friday (06 February) informed that the body recovered from Kalamassery belongs to Suraj Lama, an Indian citizen who was deported from Kuwait but went missing after arriving at Kochi.The division bench comprising Justice Devan Ramachandran and Justice M B Snehalatha which was considering the habeas corpus petition, has directed the Nedumbasery SHO to produce the case file of Suraj Lama Missing Case along with the Post mortem report by the next posting...
S.53A CrPC | Patna High Court Calls For Sensitisation Of Police To Conduct Medical Examination Of Accused In Sexual Offence Cases
The Patna High Court has described Section 53A of the Code of Criminal Procedure as a “forgotten provision” and observed that the time has come to sensitise the police to ensure medical examination of the accused in sexual offence cases is conducted immediately after arrest, failing which vital gaps are left in the investigation.A Division Bench comprising Justice Bibek Chaudhuri and Justice Ansul was hearing a criminal appeal against a conviction under Section 376 IPC read with Section 6 of the...
Long Incarceration Alone Not Ground For Bail In Commercial Quantity NDPS Case If Accused Has Criminal Antecedents: Kerala High Court
The Kerala High Court has reiterated that a person found in possession of commercial quantity of narcotic drugs would not be eligible for grant of bail merely because of long incarceration if the twin conditions under Section 37 under the Narcotic Drugs and Psychotropic Substances Act are not satisfied or if he has criminal antecedents.As per Section 37 of the Act, in cases where the Public Prosecutor opposes the bail application of a person accused of offences involving commercial quantity,...
Calcutta High Court Quashes Criminal Case Against WBFC Official Visiting Borrower's House For Loan Recovery, Calls It Abuse Of Process
The Calcutta High Court has quashed criminal proceedings against a senior retired official of the West Bengal Financial Corporation (WBFC), holding that continuation of the case would amount to a gross abuse of the process of law. The Court found that the FIR and subsequent charge-sheet, arising out of an alleged incident of trespass, criminal intimidation and outraging modesty, were lodged with an ulterior motive to stall loan recovery proceedings initiated by WBFC.Justice Chaitali Chatterjee...
'Unique Crime Against Inanimate Object': Karnataka High Court Stays Criminal Trespass FIR Against Drone
The Karnataka High Court in an interim order on Friday (February 6) stayed an FIR registered by the Police against a drone, booked for allegedly trespassing into a property in Doddaballapura, remarking that the case presented a unique crime registered against an inanimate object. After hearing the matter, Justice M Nagaprasanna in his order dictated:"The case projects a unique crime...
Karnataka High Court Stays Hate Speech FIR Against RSS Leader Citing SC Order Upholding Guidelines For Cases Over Social Media Posts
The Karnataka High Court on Friday (February 6) stayed investigation in an FIR against RSS Leader Prabhakar Bhat booked for giving a speech in a college in Puttur circulated on a YouTube channel, referring to Supreme Court's recent decision upholding guidelines on registration of FIRs over social media posts. For context, Bhat moved the high court seeking quashing of an FIR over registered...
'Lowered Dignity Of Institution': Gujarat High Court Issues Contempt Notice To Litigant Claiming Courts Disregard SC Orders
The Gujarat High Court issued contempt notice to a litigant who had claimed that the general opinion was while Supreme Court passes orders and shows proactiveness to address public safety issues, other constitutional courts "flagrantly disregard the law". The court was hearing a plea by Vishwas Sudhanshu Bhamburkar, who appeared as party-in-person, challenging Magistrate Court's order declining to refer his complaint for investigation under Section 156(3) CrPC; and had instead fixed the...
Delhi High Court Issues Directions To District Courts On Numbering Of Applications, Flags Lack Of Basic Details In Orders
The Delhi High Court has issued detailed practice directions to all the district courts in the national capital to ensure that every judicial order clearly reflects the numbers of applications decided, as well as the appearance of parties or their counsel.A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla noted that it was coming across several cases in which orders passed by the District Courts on interlocutory applications and other applications filed in pending...
'Half-Baked Petition': Delhi High Court Dismisses Centre's Plea With ₹25,000 Costs
The Delhi High Court has recently dismissed a petition filed by the Union Government challenging orders passed by the Central Administrative Tribunal (CAT), observing that it was filed after an inordinate delay of three years and was a “half-baked” attempt lacking the complete record.A Division Bench comprising Justice Anil Kshetarpal and Justice Amit Mahajan imposed costs of Rs. 25,000, directing that the amount be deposited with the Poor Patients Fund, AIIMS. The Court further ordered that the...