High Courts
[Rape Of Intellectually Disabled Minor] P&H HC Flags 'Lackadaisical Approach' Of Police In Collecting DNA, Seeks Affidavit Of DGP On Compliance Of Guidelines
Raising concern on the "lackadaisical attitude" of police in collecting DNA samples, the Punjab & Haryana High Court has directed the DGPs of Punjab, Haryana and Chandigarh to submit an affidavit on compliance with the High Court's direction to mandatorily adhere to Section 53-A of the CrPC.Section 53A CrPC pertains to the medical examination of a person accused of committing...
Remedies Sought Under Domestic Violence Act Of Civil Nature, Amendment To Application U/S 12 Are Allowed: Allahabad High Court
The Allahabad High Court has held that proceedings under Chapter IV of the Domestic Violence Act, 2005 are civil in nature and amendments to applications made to the Magistrate under Section 12 of the Act are allowed to be made.“The proceedings before the Magistrate relating to reliefs claimed under Chapter IV of the D.V. Act, having been held essentially to be of a civil nature, the power...
'Unsubstantiated Allegations': Delhi High Court Rejects Another Plea To Disqualify PM Narendra Modi From Contesting 2024 General Polls
The Delhi High Court on Thursday dismissed a plea seeking disqualification of Prime Minister Narendra Modi from contesting the 2024 general elections.Justice Sachin Datta rejected the plea filed by Captain Deepak Kumar alleging that Modi and his accomplices attempted to destabilize the national security by planning a fatal crash of an Air India flight in 2018 where he was pilot. Kumar also...
Over Dimensional Cargo Can't Be Penalized For Reaching Earlier Than Estimated Time: Allahabad High Court
The Allahabad High Court has held that Over Dimensional Cargo cannot be penalized by the authorities for reaching its destination in less time than estimated by travelling at a higher speed when there is no intention to evade tax.Clause 2.4 of the Circular issued by Commissioner, State Tax dated 17.01.2024 provides that Over Dimensional Cargo cannot be detained and penalty cannot be imposed...
Allahabad HC Denies Bail To 'Maulvi' Accused Of Forcibly Changing Religion Of Mentally Unsound Minor
The Allahabad High Court recently denied bail to a mosque Maulvi accused of enticing a mentally unsound minor boy and forcibly keeping him in a 'Madarsa' after changing his religion. A bench of Justice Sameer Jain denied him relief, noting that there are specific allegations against the accused and the alleged victim also made allegations against him in his statement recorded...
Allahabad HC Stays Arrest Of Teacher Accused Of Forcing Student To Convert To Christianity, Establish Sexual Relation
The Allahabad High Court last week stayed the arrest of a lady school teacher who has been accused of trying to convert a 10th class student to Christianity and pressuring him to have a sexual relationship with her. Apart from the lady teacher, a bench of Justice Rajiv Gupta and Justice Shiv Shanker Prasad granted relief to two others booked in the case under Section 506 IPC, Sections...
Whether Disciplinary Action Was Initiated Against Former Deputy Tahsildar For Issuing Bogus Title Deeds: Kerala High Court Asks Govt
The Kerala High Court yesterday sought instructions from the government as to whether any crimes were registered or any disciplinary action was initiated against Devikulam Former Deputy Tahsildar M I Raveendran for issuing bogus title deeds.The Division Bench comprising Justice A.Muhamed Mustaque and Justice S.Manu observed thus:“We specifically direct the Government Pleader to get...
[Income Tax Act] Proceedings U/S 148A Summary In Nature, Assessing Authority To Only See If It Is “Fit Case” For Reassessment: Allahabad HC
The Allahabad High Court has held that proceedings under Section 148A of the Income tax Act, 1961 are summary in nature. The Court held that at the stage of passing order under Section 148A(d), the Assessing Authority has to only see if it is a “fit case” for initiation of reassessment proceedings or not.The Court held that the Assessing Authority need not go into the correctness of...
Courts Can Scrutinise Grounds Of Detention To Ascertain Prima Facie Connection Between Grounds & Purpose Of Detention Order: J&K High Court
Asserting that Courts are not barred from examining the grounds of detention, the Jammu and Kashmir and Ladakh High Court has recently ruled that the Court has the authority to examine the grounds for detention and ensure a prima facie connection between the grounds and the purpose of the detention order.While acknowledging that subjective satisfaction recorded by the detaining authority...
Motor Vehicle Act Is A Beneficial Legislation, Should Be Interpreted In Favour Of Affected Persons: Madras High Court
The Madras High Court has observed that the Motor Vehicle Act is beneficial legislation and should be interpreted in favor of the affected persons. Justice R Subramanian and Justice R Sakthivel thus enhanced the compensation awarded to the family of a deceased minor boy in an accident involving vehicles driven by minor boys. The boy's family had approached the court to enhance...
J&K Land Revenue Act | Special Remedy U/S 121 Doesn't Extinguish Financial Commissioner's Power To Correct Mutation Errors Under Section 15: High Court
Affirming the broad revisional powers of the Financial Commissioner under Section 15 of the J&K Land Revenue Act 1996 the Jammu and Kashmir and Ladakh High Court has clarified that the existence of a special remedy under Section 121 does not exclude the general revisional powers under Section 15. A bench of Justice Javed Iqbal Wani further expounded,“Power of the Financial...
Allahabad HC Issues Show Cause Notice To POCSO Convicts For 'Abusing' Court After Pronouncement Of Sentence
The Allahabad High Court has issued a show cause notice to two men convicted under the POCSO asking why criminal contempt proceedings should not be initiated against them for resorting to “abusive expression against the court in public view”, including police officials and various advocates after the pronouncement of the order of sentence in trial court. A bench of Justice Manoj...