High Courts
Collector Can't Reopen Land Ownership After Decades Without Inquiry: Madhya Pradesh High Court
The Madhya Pradesh High Court observed that in the absence of a specific limitation period under Section 50 of the MP Land Revenue Code, 1959, the mutation and ownership records cannot be reopened after decades under the guise of revisional power, that too without conducting any full-fledged enquiry.The bench of Justice Himanshu Joshi held; "This Court has no hesitation to say that even if...
Madras High Court Asks Judicial Academy To Provide Special Training To Judicial Officers Over Non-Compliance With S.35 POCSO Act
The Madras High Court has asked the Tamil Nadu State Judicial Academy to conduct a special training session for judges presiding over the special courts dealing with offences under the Protection of Children from Sexual Offences Act. The bench of Justice CV Karthikeyan and Justice R Vijayakumar made the request after noting that many special courts were not complying with the...
'Board Under Maharashtra Mathadi, Hamal & Other Manual Workers Act Cannot Review Its Orders': High Court
The Bombay High Court has held that a board under the Maharashtra Mathadi, Hamal and Other Manual Workers Act, 1969, has no statutory power to review or reopen its earlier orders under Section 13 of the Act. The Court observed that the power of review is not inherent and can only be exercised when expressly conferred by statute or by necessary implication.A Division Bench comprising Justice...
MP High Court Stays Coercive Action Against School Peon Transferred Over Allegations Of Religious Conversion
The Madhya Pradesh High Court directed authorities not to take any coercive action against a school peon who was transferred to a school 40 km away for allegedly converting to another faith and for influencing others to convert religion. Accordingly to the facts, the petitioner was appointed as a clerk in Madhyamik Vidyalaya Sultanpur by the Dhar District Collector on January 19, 2004. It...
'Minor Injuries Alone Not Sufficient To Prove Lack Of Consent': Bombay High Court Sets Aside Rape Conviction U/S 376 IPC
The Bombay High Court has held that minor injuries or medical signs of sexual activity by themselves are insufficient to prove the absence of consent in cases of alleged rape. It was observed that when the prosecution fails to conclusively prove that the victim was a minor and the evidence shows material inconsistencies in her version, the benefit of the doubt must go to the...
S. 263(1) & S. 269(1) BNSS | Court Cannot Prepare Format Of Charge & Merely Fill Details Of Case In Vacant Space: Kerala High Court
The Kerala High Court recently set aside an order of a Magistrate Court, which had framed the charges in printed format with the name and other details of the accused inserted in writing.Justice P.V. Kunhikrishnan observed that the framing of charges ought to have been done in writing, in accordance with Sections 263(1) and 269(1) of the Bharatiya Nagarik Suraksha Sanhita/ Sections 240(1)...
'No Fetters On Using Upper Ground': Orissa High Court Allows Cuttack Administration To Hold Bali Jatra On Both Lower & Upper Grounds
The Orissa High Court on Thursday (October 09) made it clear that no judicial fetter has been put upon the District Administration of Cuttack for holding the historic 'Bali Jatra', set to commence next month, in the upper ground.The matter was mentioned before a Division Bench of Justice Sangam Kumar Sahoo and Justice V. Narasingh, which was hearing a suo moto public interest litigation...
Identification Of Driver Beyond Reasonable Doubt Is Essential For Conviction In Road Accident Cases: HP High Court
The Himachal Pradesh High Court has held that conviction in a road accident case cannot be sustained unless the prosecution establishes beyond a reasonable doubt that the accused was the driver of the vehicle.Justice Rakesh Kainthla observed that: “Both the learned Courts below failed to appreciate that the identity of the accused and the car were not established”.In December 2024,...
Moral Policing Women Violative Of Article 21, Contributes To Social Ostracisation And Even Suicide: Madras High Court
The Madras High Court recently highlighted that women, especially in rural areas, are often the worst victims of moral policing and such moral policing infringes their fundamental rights under Article 21 of the Constitution. Justice L. Victorial Gowri added that the courts could not be oblivious to the dangers of moral policing, as these practices often lead to social...
Rajasthan High Court Slams State For 'Plight' Of Home Guards; Ends Rotational System, Mandates Minimum Monthly Engagement With Benefits
In a landmark ruling, Rajasthan High Court granted relief to the home guard personnel of the State of Rajasthan, in their long drawn battle against the rotational system of engagement that restricted their maximum deployment period to 6-8 months, and no employment benefits.The bench of Justice Farjand Ali observed that being a welfare State, it should work towards the betterment of the...
Another Uttarakhand High Court Judge Recuses From Hearing IFS Officer Sanjiv Chaturvedi's Contempt Plea Against CAT
Justice Alok Verma of the Uttarakhand High Court this week recused himself from hearing a contempt petition filed by Indian Forest Service (IFS) officer Sanjiv Chaturvedi against members of the Central Administrative Tribunal (CAT) and its registry. The development comes just days after Justice Ravindra Maithani also recused from hearing this particular case. Till date, a total of 4...
Singer Kumar Sanu Moves Delhi High Court Seeking Protection Of His Personality Rights, Hearing On Monday
Indian playback singer, Kumar Sanu Bhattacharjee, has filed a suit before the Delhi High Court seeking protection of his personality rights.The matter will be heard on Monday by Justice Manmeet Pritam Singh Arora. Sanu has sought protection of his personality or publicity rights, including his name, voice, vocal style and technique, vocal arrangements and interpretations, mannerism and manner...