High Courts
Not Being Named In FIR Inconsequential If Financial Links Show Active Involvement In NDPS Offence: Delhi High Court
The Delhi High Court has held that the fact that an accused is not named in the FIR is not decisive at the stage of bail if the investigation reveals financial transactions establishing active coordination and involvement in an offence under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.Justice Saurabh Banerjee made the observation while considering a case relating to the alleged trafficking of ganja in significant quantities, where the applicant argued that he was entitled to bail...
Consensual Romantic Relationship With Minor Near 18 Years Can Be Considered For Bail In POCSO Case: Delhi High Court
The Delhi High Court has granted bail to a man accused in a case under the Protection of Children from Sexual Offences (POCSO) Act, observing that while consent of a minor has no legal value, the romantic nature of the relationship and the prosecutrix's age being close to 18 years are relevant considerations at the stage of bail.Justice Vikas Mahajan allowed the bail application filed by one Varun Kumar Singh, noting that the case prima facie appeared to arise out of a romantic relationship...
'Not Passing Contempt Orders Being Perceived As Weakness': Jharkhand HC Bars Use Of Ranchi Terminal Market Yard For Election Purposes
The Jharkhand High Court has reiterated that the Terminal Market Yard premises at Pandra, Ranchi, shall not be used for any election-related purposes, and warned that officers would be held responsible in the event of any breach of the Court's directions.A Division Bench comprising Chief Justice M. S. Sonak and Justice Rajesh Shankar was hearing a public interest litigation raising repeated disruption of business activities at the market yard due to its use for storing Electronic Voting Machines...
Education Not Charity Alone; Private Unaided Institutions Entitled To Reasonable Returns: J&K&L High Court
Observing that commercialisation and profiteering do not completely rule out the element of creating surplus for future activities or earning reasonable returns on investments, the Jammu & Kashmir and Ladakh High Court has recently clarified the constitutional position of private unaided educational institutions in the contemporary education system.A Division Bench of Justice Sanjeev Kumar and Justice Sanjay Parihar, while adjudicating a batch of writ petitions filed by private unaided...
Ensure Continuous Drinking Water Supply To Residents Of West Kochi: Kerala High Court
The Kerala High Court recently considered a public interest litigation filed by a resident of the western side of Kochi highlighting the acute shortage of drinking water in the area.The PIL sought directions from the Court to the Chairman/Additional Secretary of Water Resources, the Chief Engineer as well as the Assistant Executive Engineer of the Kerala Water Authority to ensure proper supply of water to the people of West Kochi, Chellanam Panchayath, Kumbalangi Panchayath and 30 wards of the...
After Allowing Employee To Serve for 25 Years, State Cannot Cry 'Illegal Appointment: J&K&L High Court Upholds Retiral Benefits
Holding that the State cannot wake up after decades to question the legality of an employee's appointment, the High Court of Jammu & Kashmir and Ladakh has ruled that having allowed an employee to serve for nearly 25 years, it is far too late for the authorities to contend that his appointment was illegal.The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal underscored that if the appointment was indeed illegal, appropriate proceedings for termination ought to have been...
Elective Nature Of Surgery Doesn't Bar Interim Bail On Medical Grounds: Delhi High Court
The Delhi High Court has held that the elective or non-emergency nature of a medical procedure cannot by itself be ground to deny interim bail to an accused, particularly where the ailment causes continuing pain and requires timely surgical intervention.Justice Girish Kathpalia made the observation while dealing with an application moved by an accused booked under the Maharashtra Control of Organised Crime Act 1999, seeking interim bail to attend to his mother, who was scheduled to undergo knee...
“Systemic Failure”: Delhi High Court Flags 13-Year Delay In Arresting Life Convict After Appeal Dismissal, Lays Guidelines
The Delhi High Court has strongly deprecated a 13-year delay in securing the custody of a life convict whose criminal appeal had already been dismissed, calling it a serious systemic failure that corrodes the credibility of the criminal justice system.A Division Bench comprising Justice Navin Chawla and Justice Ravinder Dudeja was dealing with an appeal filed by Sonu who had been convicted in 2009 in a murder case and sentenced to life imprisonment.The Court said that it was one of the cases...
Allegations Of Theft, Public Humiliation Not Enough To Attract Abetment Of Suicide U/S 306 IPC: Calcutta High Court
The Calcutta High Court has set aside the conviction of multiple accused under Section 306/34 IPC, holding that the prosecution failed to establish the essential ingredients of abetment of suicide beyond a reasonable doubt.Justice Chaitali Chatterjee Das noted that although the deceased died by suicide, mere allegations of harassment or branding him a thief were insufficient to attract Section 306 IPC in the absence of clear mens rea, instigation, or a direct act leading the deceased to take his...
Actor And Entrepreneur Vivek Oberoi Moves Delhi High Court Seeking Protection Of His Personality Rights
Actor and entrepreneur Vivek Oberoi has filed a suit before the Delhi High Court seeking protection of his personality rights.Filed through Advocates Sana Raees Khan and Pranay Chitale, the suit seeks to restrain various defendants, including John Doe (unknown entities) from infringing Oberoi's publicity or personality rights by utilizing, exploiting or misappropriating the unique and identifiable attributes of his persona, including his name, voice and image, without his consent or...
Court Must Examine Process Server Before Proceeding Ex-Parte On Alleged Refusal Of Summons: Rajasthan High Court
The Rajasthan High Court has held that accepting report of service of summons is a solemn act and not merely a formality. It is court's duty to examine the process serving officer if the report was not an affidavit. And even if the report was on affidavit, it is court's discretion to examine the officer to ascertain the correctness of the report. The bench of Justice Anoop Kumar Dhand...
Liquor Scam | Regular Bail Application While On Interim Bail Not Maintainable; Accused Must Be In 'Custody' U/S 483 BNSS: Jharkhand High Court
The Jharkhand High Court has held that a person who has been granted interim bail cannot be treated as being in “custody” for the purposes of seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), unless the accused is actually in judicial custody or has surrendered before the Court.A Single Judge Bench of Justice Sanjay Kumar Dwivedi was hearing a regular bail application filed by the petitioner in connection with ACB Case No. 09 of 2025. The present...