High Courts
Intermediary Can't Decide If Online Content Is Defamatory; Duty To Takedown Arises Only On Court Order Or Govt Notification: Kerala High Court
The Kerala High Court has held that social media intermediaries cannot be compelled to remove allegedly defamatory content unless a competent court or authorised government agency first determines the content to be unlawful.Justice Ziyad Rahman A.A., delivered the judgment in a writ petition filed by M/s Broadcasting Company Pvt. Ltd., a news and current affairs content broadcasting channel....
Disciplinary Proceedings Beyond Court-Fixed Timeline Can Be Interdicted If No Bona Fide Attempt Made To Seek Extension: Allahabad High Court
The Allahabad High Court has held that when a disciplinary order is passed after the time limit set by the Court for passing the same has expired and no effort has been made by the disciplinary authority to seek time extension, the same shall stand vitiated. It also held the deciding whether such an order is vitiated would depend on the facts of each case. Referring to the decisions of...
Allahabad HC Grants Interim Protection From Arrest To Bhim Army Leader Accused Of Calling CM Yogi 'Moorkmantri'
The Allahabad High Court recently granted interim protection from arrest to a Bhim Army leader in connection with a UP Police FIR lodged on the allegations of calling the Chief Minister of the State, Yogi Adityanath, 'Moorkhmantri'. A bench of Justice Rajeev Misra and Justice Padam Narain Mishra granted relief to the accused, Sudhir Aryan, booked under 353 (2) BNS [Statements conducing...
Karnataka High Court Stays FIR Against Alleged Cow Vigilantes Accused Of Using Casteist Slurs Against Dalit Association President
The Karnataka High Court has on Thursday (May 21) stayed criminal proceedings in an FIR registered against alleged cow vigilante Puneet Kerehalli and his associate accused of using casteist slurs against the President of a Dalit Association.The vacation bench of Justice KV Aravind has sought responses from the Police as well as the complainant in the matter. The matter will be heard next in...
Public Purpose Like Road, Crematorium Cannot Be Achieved At Cost Of Destroying Natural Water Channels: Rajasthan High Court
The Rajasthan High Court has held that the use of a 'Gair Mumkin Nala' (natural drainage and water flow channel) cannot be altered for any non-conforming purposes, like construction of road or a crematorium, merely on the ground that the utilisation was for a public purpose. While directing the State to remove any road, crematorium structure, or encroachments from the concerned land, the...
BCI Rules Do Not Prohibit Advocate-Accused From Representing Co-Accused: MP High Court Quashes Cheating Case
The Madhya Pradesh High Court has quashed criminal proceedings initiated against an advocate who had appeared on behalf of his son in a criminal matter in which both were arrayed as accused, holding that the Bar Council of India Rules do not prohibit a co-accused advocate from representing another accused. The division bench of Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf...
Bombay High Court Stays Deployment Of Private Unaided, Minority School Teachers For Census Duties
The Bombay High Court on Friday (May 22) granted an interim stay on deploying the teaching and non-teaching staff of the private unaided and private unaided minority schools for the decennial census operations across Maharashtra. A vacation court presided over by a division bench of Justice Gautam Ankhad and Justice Sandesh Patil while granting interim relief to thousands of staff working in...
Madras High Court Grants Anticipatory Bail To Ponraj For Remarks On TVK Women Supporters But Says He Should Have Exercised Caution
The Madras High Court has granted anticipatory bail to political commentator and scientist Dr V Ponraj in a case related to alleged defamatory statements against women supporters of the Tamilaga Vettri Kazhagam (TVK) party. Justice R Sakthivel was inclined to grant anticipatory bail after noting that Ponraj had deep rots in the society and was not likely to abscond. Thus, noting that...
Jana Nayagan Movie Leak: Madras High Court Dismisses Bail Pleas Of Nine Accused Persons
The Madras High Court has dismissed the bail pleas of nine accused persons in connection with the online leak of the upcoming Tamil movie “Jana Nayagan” starring Tamil Nadu CM Joseph Vijay. Justice R Sakthivel dismissed the bail pleas of the accused persons – Rajesh, Selvam, Prashanth, Rajini, Srinath @ Sriram, Sanjay, Bala @ Balakrishnan, Manigandan, Ruthran. On April 30,...
Cattle Smuggling Cases Do Not Warrant Preventive Detention: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has quashed a preventive detention order passed under the Jammu & Kashmir Public Safety Act, 1978 against a person accused in multiple FIRs relating to transportation of cattle/bovine and offences under the Prevention of Cruelty to Animals Act, 1960.The Court held that such activities, even if true, fall within the realm of law and order and...
“Right To Shelter Part Of Right To Life”: Calcutta High Court Directs Rehabilitation Of Tenant Before Demolition In Howrah
The Calcutta High Court has held that while unauthorised constructions cannot be protected from demolition, the constitutional right to shelter under Article 21 requires authorities and private developers to ensure the rehabilitation of occupants displaced by such illegal construction.Justice Raja Basu Chowdhury passed the order while hearing a plea by a tenant residing on the fifth floor of...