High Courts
Minor Girl Apprehends Torture, Alleges Father's Involvement In Illegal Activities; Rajasthan High Court Allows Her To Stay In Children's Home
The Rajasthan High Court has allowed a minor daughter to live at a Children's Home till she attains majority, based on her unwillingness to return to her parental home due to her father's alleged involvement in some illegal activities, and apprehension of being subjected to torture by her parents. The division bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma was hearing...
OMMC Rules | Cancellation Of Lease Not Illegal Merely Because Order Was Issued By 'In-Charge' Mining Officer: Orissa High Court
The Orissa High Court has held cancellation of a lease under the Odisha Minor Mineral Concession Rules, 2016 ('the OMMC Rules') cannot be deemed to be illegal merely because the cancellation order was passed by the Mining Officer (In-charge), while the Mining Officer was the 'competent authority' under such Rules.A Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman...
Rajasthan High Court Flags 'Near-Zero' Cut-Off; Says State Must Ensure Minimum Standards Even For Reserved Categories
The Rajasthan High Court expressed shock and raised concern about standard in public employment while hearing a petition by a candidate for Class-IV teachers. He was aggrieved by the rejection of his candidature since he received negative marks in the qualifying exam, when no minimum qualifying marks were prescribed by the State. The bench of Justice Anand Sharma observed that as the...
Scheduled Tribe Person Can Voluntarily Opt To Be Governed By Hindu Marriage Act: Chhattisgarh High Court
The Chhattisgarh High Court has held that if a person belonging to a Scheduled Tribe (ST) voluntarily chooses to follow Hindu customs, rites and traditions in order to get 'Hinduised' and opts to submit himself to the jurisdictional Court under the Hindu Marriage Act, 1955 ('the HMA'), he cannot be denied its cover merely because Section 2(2) thereof excludes its application to the...
Gujarat High Court Issues Notice On PIL Flagging Alarming Rise Of Deepfakes & AI Generated Fake Content
The Gujarat High Court recently issued notice on a PIL raising concerns about the “sharp and alarming rise” in deepfake and AI-generated content circulating on digital and social media platforms and seeking the formulation of procedural rules to address such threats.The Division Bench comprising Chief Justice Sunita Agarwal and Justice D.N. Ray sought responses from the State and...
Intra-Court Appeal Maintainable Against Ex Parte Ad Interim Order & Any Order Affecting Party's Right To Pursue Statutory Remedy: Kerala High Court
The Kerala High Court has recently held that an intra-court appeal under Section 5 of the Kerala High Court Act, 1958 is maintainable against an ex parte ad interim order or any order which has affected a party's right to pursue statutory remedy.The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. clarified the position of law while considering an intra-court...
Kerala High Court Flags Financial Irregularities In Ayyappa Conclave Spending; Directs Auditor Of Devaswom Board To File Statement
The Kerala High Court on Thursday (05 March) directed the Auditor of Travancore Devaswom Board to file a statement detailing the anomalies, deficiencies and lapses noticed by him in the course of audits conducted over the years.The Division Bench comprising Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar was considering a suo motu petition initiated on the basis of the...
Failure Of Investigating Officer To Note Victim's Intellectual Disability Not Fatal If They Are Competent To Testify: Kerala High Court
The Kerala High Court has held that the failure of an investigating officer to identify or record the intellectual disability of a victim during investigation does not vitiate the prosecution case, provided the court is satisfied that the victim is competent to testify and capable of giving rational answers.Justice A Badharudeen was delivering the judgment in a criminal appeal challenging...
'Criminal Proceedings Cannot Be Used To Settle Civil Scores In Property Deals': Punjab & Haryana High Court Quashes FIR
The Punjab & Haryana High Court has quashed a cheating and forgery FIR arising out of a land agreement dispute, holding that the criminal case was lodged to escape civil liability and amounted to an abuse of the criminal process.Justice H.S. Grewal said, "prima facie the allegations against the petitioners are not made out as the agreement to sell in question is a genuine document being...
FIR Not Doubtful Or Diluted Merely Because It Was Lodged With Advocate's Help: Allahabad High Court
The Allahabad High Court has held that FIR cannot be considered doubtful or diluted merely because it was filed with the assistance of an advocate. A division bench comprising Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary held that legal assistance is available to all at all stages of criminal proceedings and can be availed even at the stage of filing of FIR.“.....merely...
P&H High Court Quashes Case Against Man Accused Of Making Accusations Against Judge, Asks DGP To Run Police Awareness Program On S.215 BNSS
The Punjab & Haryana High Court has quashed criminal proceedings initiated against a man accused of making false allegations against a judicial officer, holding that the prosecution was initiated in violation of the mandatory procedural safeguards under Section 195 of the Code of Criminal Procedure (CrPC). Justice Sumeet Goel held that a Kalandra filed by a Station House Officer was...
Kerala High Court Questions Local Self Govt Department Over Illegal Boards; Says Joint Directors Must Appear If Directions Not Implemented
The Kerala High Court on Thursday (05 March) expressed dissatisfaction with the response filed by the Local Self Government Department (LSGD) regarding the removal of illegal boards, flags and other unauthorised installations from public spaces across the State.Justice Devan Ramachandran was considering a review petition filed in connection with a plea against illegal and unauthorized flags...