High Courts
“Being Over Sensitive”: Delhi High Court Tells TV Today, Says Newslaundry's Criticism Not Necessarily Disparagement
The Delhi High Court on Thursday told TV Today, which owns news channels India Today and Aaj Tak, that it was being “over sensitive” of the videos made by digital platform Newslaundry by alleging that every comment made is disparagement or defamatory. A division bench comprising Justice C Hari Shankar and Justice Om Prakash Shukla said that while one of the videos impugned by TV Today...
Advocate Not A Mouthpiece Of Client, Should Refrain From Accepting Frivolous Briefs: Allahabad High Court
While refraining from imposing cost on a young advocate, the Allahabad High Court cautioned that advocates are not mere mouthpieces of their clients and they must refrain from accepting frivolous briefs which waste the judicial time.Taking a lenient view as the counsel got enrolled only in 2024, Justice Subhash Vidyarthi observed,“..the learned Counsel should understand that although...
Sanction U/S 188 CrPC Not Needed To Take Cognizance Of Foreign Offence, But Mandatory Before Trial: Kerala High Court
The Kerala High Court has reiterated that sanction under Section 188 of CrPC is not required at the stage of taking cognizance of an offence committed outside India, while it is required for commencement of the trial.For context, section 188 of CrPC deals with the procedure, when an offence is committed outside India. Justice C Pratheep Kumar while dealing with a criminal revision...
Jharkhand High Court Links Child Trafficking To 'Outsiders' In Garb Of Business; Orders Guidelines For Identification & Police Permission
The Jharkhand High Court has directed the Home Department to formulate guidelines to deal with persons entering Jharkhand from outside, particularly to ensure their proper identification and to require that permission be sought from the concerned police station.A Bench of Justice Sujit Narayan Prasad and Justice Arun Kumar Rai passed this direction while hearing a Habeas Corpus petition filed...
'Individual Liberty Can't Override Interest Of Defrauded Investors': Calcutta High Court Denies Bail To Duo In ₹2,862 Crore ED Case
The Calcutta High Court has rejected the bail applications of Prayag Group's directors, observing that they failed to discharge the twin condition test under the Prevention of Money Laundering Act, 2002 and their status as proclaimed offenders. While hearing the bail applications, the division bench of Justice Rajarshi Bharadwaj and Justice Uday Kumar also emphasized, "the liberty of...
Attack On Court-Appointed Administrator Is Attack On Judiciary: Madras High Court Issues Contempt Notice To Top Cops Over 'Inaction'
The Madras High Court has called for an explanation from the Director General of Police, Commissioner of Police, and Assistant Commissioner of Police as to why no action had been taken against persons who misbehaved with a court appointed administrator at the Pachaiyappa Trust. Justice G Jayachandran and Justice K Kumaresh Babu lamented that even after the matter was brought to...
Adults Can't Use Rape Law As Tool To Criminalise Breakups In Consensual Relationships: Delhi High Court
The Delhi High Court has recently ruled that adults cannot use rape law as a tool to criminalize breakups when the relationship was consensual between two individuals. Justice Swarana Kanta Sharma said that failed relationships cannot be given a criminal colour, also warning against the misuse of rape charges invoked in broken romantic relationships. “An educated and independent adult,...
MP High Court Upholds Family Court Order Allowing Husband's Plea For DNA Test To Prove Wife's Adultery
The Madhya Pradesh High Court has upheld an order of the Family Court allowing a husband's plea for DNA test of a girl child, to back his adultery allegations against the wife.The bench of Justice Vivek Jain observed; "...respondent husband has pleaded that he is in Indian Army and was called in October, 2015 by the wife who is Constable in MP Police. Within four days he was informed that by...
Delhi High Court Rejects MCD's Appeal Against ₹1 Lakh Compensation To Safai Karmchari For Illegal Termination, But Denies Reinstatement
The Delhi High Court has dismissed cross-petitions filed by the North Delhi Municipal Corporation (MCD) and a Safai Karamchari and thus, upheld an Industrial Tribunal award granting ₹1 lakh retrenchment compensation for illegal termination. The HC, however, declined the workman's plea for reinstatement with back wages.Justice Manoj Kumar Ohri noted that the termination of the Safai...
Order VI Rule 17 CPC | 'Due Diligence' Test Not Mandatory For Every Amendment Of Plaint Sought After Trial Commences: Karnataka High Court
The Karnataka High Court (Dharwad bench) has held that amendment of plaint under Order VI Rule 17 CPC is permitted even after commencement of trial despite non fulfilment of due diligence test, adding that the test does not have universal application and in appropriate cases such amendment is permitted. Justice Anant Ramnath Hegde was hearing a plea challenging the petitioners...
High Court Dismisses Plea Challenging Appointment Of Haryana AG
The Punjab and Haryana High Court has dismissed a petition challenging the appointment of the Advocate General of Haryana, holding that once the constitutional eligibility under Article 165 of the Constitution is satisfied, allegations of impropriety or desirability are beyond the limited scope of quo warranto jurisdiction.The Court noted that a bare perusal of Article 165 of the...
Preventive Detention Illegal If In-Camera Witness Statements Not Verified Before Proposal Under Dangerous Activities Act: Bombay High Court
In a significant judgment, the Bombay High Court held that Preventive Detention is a 'punishment without a trial' and thus, a detention proposal made by a sponsoring authority without prior verification of the in-camera witness statements is materially defective and illegal and such a detention order cannot sustain in law. A division bench of Justice Ajay Gadkari and Justice Ranjitsinha...