High Courts
No Protection For Encroachers On Forest/Govt Land, Regardless Of Faith: Gauhati High Court Disposes PIL Concerning Assam's Indigenous Muslims
Refusing to entertain a Public Interest Litigation (PIL) plea challenging the demolition of houses allegedly belonging to members of the indigenous Assamese Muslim community in Assam, the Gauhati High Court recently observed that there can be no protection to a person encroaching upon forest/Government land, be it a person professing any faith. A Division Bench of Justice...
'Cognisance' Of FIR Against Gang Member Enough To Invoke MCOCA, Conviction Not Required: Delhi High Court
The Delhi High Court has made it clear that the stringent Maharashtra Control of Organised Crime Act, 1999 can be invoked if a Magistrate takes cognizance of two or more FIRs against a person as 'member of the Gang' and there is no pre-condition that such FIRs should have resulted in conviction.Justice Neena Bansal Krishna made the observation while dealing with a bail application moved by...
Unauthorized Possession Of Codeine-Based Cough Syrup Falls Under NDPS Act: Patna High Court
The Patna High Court has reiterated that bail under the NDPS Act remains a stringent exception, particularly in cases involving commercial quantities of codeine-based cough syrup.“Negation of bail is a rule and grant of it is an exception," held Justice Jitendra Kumar, reiterating that unauthorised possession of codeine-based cough syrup, even with less than 2.5% concentration, falls within...
Punjab & Haryana High Court Monthly Digest: August 2025
Nominal Index [Citations 309 - 353]Kangana Ranaut v. Mahinder Kaur 2025 LiveLaw (PH) 309Vikas Tomar @ Vikash Tomar v State of Haryana 2025 LiveLaw (PH) 310Col. Sukhwinder Singh Dhillon v. State of Punjab 2025 LiveLaw (PH) 311CHIRAG KUMAR SARDANA v. STATE OF HARYANA AND ANOTHER 2025 LiveLaw (PH) 312Manish Kumar v. Directorate General, Goods & Service Tax Intelligence, Zonal Unit,...
Delhi High Court Acquits Man In Rape Case After 7 Yrs, Says Trial Court Ignored Forged Birth Certificate Used To Prove Minor Victim's Age
The Delhi High Court has set aside a trial court order convicting a man for rape of a minor, based on a 'forged' birth certificate of the victim.Justice Manoj Kumar Ohri observed that the trial court “manifestly erred in convicting the appellant”, despite recording that the date of birth certificate produced by her mother to claim that she was a minor— was 'forged'.The bench relied on...
Anticipatory Bail Plea Is Maintainable Even If Absconding Proclamation Is Issued Against Accused: Patna High Court
The Patna High Court has held that proceedings under Sections 82 (Proclamation for person absconding) and 83 (Attachment of property of person absconding) CrPC (Sections 84 and 85 of the BNSS) do not create an absolute bar on filing an anticipatory bail petition.For context Section 82 CrPC states if any Court has reason to believe (whether after taking evidence or not) that any person...
Refusal Of Sanction Without Considering Prosecution Material, Merely Praising Accused's Work Not Valid: Kerala High Court
The Kerala High Court has recently held that a sanction order denying prosecution of public servant is not valid if the same was made without reference to the prosecution materials and merely depicts appraisal of the accused's contributions. Such an order cannot be termed to be one made with application of mind, it added.Justice A. Badharudeen remarked that though sanction order is a...
'Classic Instance Of Abdication Of Judicial Duty': Madhya Pradesh High Court Pulls Up Trial Court For Passing Non-Speaking Order
The Madhya Pradesh High Court has strongly criticized the Trial Court for passing a non-speaking order while dismissing multiple applications by a party including those for substitution of parties (under Order 1 Rule 10 CPC) on the ground of absence of the party and its counsel. In doing so the high court observed that the trial court had "prima facie committed an illegality" by passing...
University's Wisdom To Prescribe Minimum Standards Of Education Cannot Be Questioned In Writ Petition: Kerala High Court
The Kerala High Court recently held that a University's decision to prescribe minimum standards to increase the quality of education in the colleges cannot be questioned in a writ petition under Article 226 of the Constitution of India.Justice N. Nagaresh was considering a writ petition preferred by a college under the Kerala University of Health Sciences. The college had intended to...
Suspension Can't Be Extended On Ground Of Pending Disciplinary Proceedings Unless Charge-Sheet Is Issued: Delhi HC
A Division bench of the Delhi High Court comprising Justice C. Hari Shankar and Justice Om Prakash Shukla held that suspension cannot be validly extended on the ground that disciplinary proceedings are pending unless a charge-sheet has actually been issued; extensions made on this erroneous ground are invalid, entitling the employee to reinstatement. Background Facts The...
MP High Court Urges Responsible Citizens & Professionals In Key Fields To Conduct Social Audit Of Orphanages, Old Age Homes
The Madhya Pradesh High Court, on Friday (September 19), advocated for evolution and effective implementation of the concept of social audit calling it the need of the hour. The court was hearing an appeal challenging dismissal of a writ petition, where the appellant had sought promotion, due to non-appearance of his advocate. The appellant claimed that his writ petition, which had been...