High Courts
'Can Single Member Constitute PMLA Adjudicating Authority?': Karnataka High Court Asks In ED Probe Against Partnership Firm
While hearing a challenge to money laundering proceedings against a partnership firm, the Karnataka High Court on Thursday (March 26) orally asked the Union of India and the Enforcement Directorate whether a single member can constitute the adjudicating authority under the Prevention of Money Laundering Act. The court posed the question while hearing a plea by 'Puppys Tours & Travels'...
'Suspicion Cannot Replace Proof': Patna High Court Acquits Accused In Ara Court Blast Case, Sets Aside Death Sentence
In a 176-page judgment, the Patna High Court set aside the conviction of multiple accused in the Ara Civil Court bomb blast case, holding that the prosecution failed to establish the chain of circumstances beyond reasonable doubt and reiterating that “suspicion, however strong, cannot take the place of proof.” A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice...
'Overloaded Vehicles Cannot Be Allowed To Ply Without Removing Excess Load': Patna High Court Calls For Strict Enforcement
The Patna High Court has reiterated that overloaded vehicles cannot be permitted to ply on roads and highways without removal of excess load, holding that mere imposition of fines is insufficient and strict enforcement of statutory mandates is necessary to prevent damage to infrastructure.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing the...
Calcutta High Court Flags 39-Year Delay In Murder Case, Directs Magistrate To Commit Case To Sessions Court Within Six Weeks
The Calcutta High Court, sitting at the Jalpaiguri Circuit Bench, has expressed strong displeasure over a criminal case pending for nearly four decades without even reaching the stage of committal to the Sessions Court. Justice Jay Sengupta directed the jurisdictional magistrate to complete the committal proceedings within six weeks, calling the delay “very unfortunate” and emphasising...
Can't Presume Bar Association Is Unaware Of Advocates Allegedly Misleading Court To Defreeze Bank Accounts: Kerala High Court
While hearing a plea pertaining to alleged misconduct by advocates in Bank Account Defreezing Cases, the Kerala High Court remarked that it cannot be presumed that the Kerala High Court Advocates' Association has no information about its members who allegedly misused their position as an advocate and misled the court in such cases. This, after the bar body in its affidavit stated that at...
Delhi High Court Sets Aside Order Refusing To Entertain Writ Petition Against Passport Impounding, Cites Serious Civil Consequences
The Delhi High Court has set aside a Single Judge's order refusing to entertain a writ petition challenging the impounding of a passport, holding that the matter warranted consideration in exercise of jurisdiction under Article 226 of the Constitution.A Division Bench of Chief Justice Devendra Kumar Upadhyaya and Justice Tejas Karia relied on Whirlpool Corporation v. Registrar of Trade...
Calcutta High Court Quashes Bigamy Case Under BNS After Parties Settle Dispute; Says S.82(2) Requires Complaint Case Under BNSS
The Calcutta High Court, sitting at the Jalpaiguri Circuit Bench, has quashed criminal proceedings arising out of allegations of bigamy under the Bharatiya Nyaya Sanhita (BNS), after noting that the dispute between the parties had been fully settled and that one of the offences invoked could not have been prosecuted through a police case at all. Justice Jay Sengupta passed the order...
TET-Qualified Teacher Cannot Rely On Fake Marksheet To Secure Approval Of Appointment: Calcutta High Court
The Calcutta High Court has dismissed an appeal filed by Abhishek Maity seeking a direction upon West Bengal State University to treat a purported 2014 post-review marksheet as genuine and to issue him a pass certificate accordingly. A Division Bench of Justices Tapabrata Chakraborty and Partha Sarathi Chatterjee upheld the Single Judge's refusal, holding that the marks claimed by the...
No Offence If Married Man Stays In Live-In Relationship With Adult Woman: Allahabad High Court
The Allahabad High Court has observed that there is no offence if a married man stays with an adult in a live-in relationship with the consent of the other person. Stressing that morality and law must remain separate, a bench comprising Justice JJ Munir and Justice Tarun Saxena stated that social opinions and moral views will not dictate the Court's actions when protecting citizens'...
'Procedural Harakiri': Karnataka High Court Criticizes Magistrate For Closing Private Complaint In Absence Of S.175(3) BNSS Order Directing FIR
The Karnataka High Court on Friday (March 27) expressed its disapproval at a magistrate's order which closed a private complaint, after noting that the police had instead of filing a report as called for by the magistrate court had gone ahead and filed a cheating FIR pursuant to which the complaint was closed. In doing so the court quashed the FIR and the trial court order, remarking that...
University Lecturer Not A 'Public Office', Writ Of Quo Warranto Not Maintainable: MP High Court
The Madhya Pradesh High Court has dismissed a plea seeking a writ of quo wattanto against the appointment of a University lecturer, holding that teachers, professors and readers do not hold a public office and therefore such a relief was not maintainable. The bench of Justice Jai Kumar Pillai observed; "An Associate Professor or Professor has no sovereign or public function to discharge. They...
'Inability To Explain Death Inside Matrimonial Home Crucial': Calcutta High Court Upholds Life Sentence For Husband In Wife's Murder
The Calcutta High Court's Jalpaiguri Circuit Bench has upheld the conviction and life sentence of a man found guilty of murdering his wife inside their matrimonial home, stressing that his complete failure to explain the circumstances of her death was a decisive factor in affirming guilt. The Division Bench of Justice Debangsu Basak and Justice Biswaroop Chowdhury noted that the incident...