High Courts
Karnataka High Court Upholds Husband's Murder Conviction, Life Term For Setting Man Ablaze Over Suspicion Of Affair With Wife
The Karnataka High Court upheld a trial court order convicting a husband for murder who poured petrol and set ablaze a man over suspicion of affair with his wife, observing that he had the intention to commit the offence. In doing so the court affirmed the dying declaration of the deceased as well as the evidence of the eye-witnesses, finding it credible and without any material...
Right To Education | Govt Can't Deny Distance Education To Employees For Want Of Minimum 3 Years Service: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that a government employee cannot be denied permission to pursue higher education through distance mode merely on the ground of not having completed three years of service, observing that the right to education is an inalienable human right flowing from Article 21 of the Constitution.Justice Harpreet Singh Brar said, "The right to education has...
Family Property Dispute Given Criminal Colour: Calcutta High Court Quashes Defamation, Intimidation Case Against Cousin
Observing that criminal law cannot be used as a pressure tactic in what is essentially a family property dispute, the Calcutta High Court has quashed defamation, insult and intimidation proceedings initiated against a private company executive, holding that the complaint did not disclose the basic ingredients of offences under the IPC. Justice Chaitali Chatterjee Das held that the...
'Single Injury' In Rage Of Sudden Quarrel Not Murder: Tripura High Court Converts Husband's Conviction to Culpable Homicide
The Tripura High Court held that a single blow inflicted during a sudden quarrel, without prior intention does not amount to murder under Section 302 of the Indian Penal Code. Further the Court observed that the relationship between the husband and his wife was strained and they often got into fights and that the act on the part of the appellant was in course of sudden quarrel and and in the...
Tenant Cannot Evade Eviction By Avoiding Notice; 'Not Claimed' Postal Endorsement Deemed Valid Service: Calcutta High Court
The Calcutta High Court has upheld concurrent eviction decrees passed in favour of a landlord, reiterating that a registered ejectment notice returned with the postal endorsement “not claimed” amounts to valid service, and that a reasonably foreseeable future requirement of the landlord constitutes bona fide need under the rent control law.Dismissing the second appeal, Justice Sugato...
Sentence For Subsequent Conviction Must Run Concurrently With Life Term: Gujarat High Court Orders Release Of Convict
The Gujarat High Court ordered release of a murder convict who was sentenced to life imprisonment, but was later awarded separate two-year sentence by the trial court for absconding while on temporary bail. In doing so, the Court found a “grave error” committed by the Trial Court and Appellate Court in directing the subsequent sentence to run consecutively, holding that under 427(2) of...
Gujarat High Court Quashes Penalty Imposed On Officer Despite Exoneration, Notes CM's Approval Was Obliterated Using Whitener
The Gujarat High Court has quashed disciplinary penalty imposed on a Class-I officer over certain alleged irregularities, after finding that despite the competent authority approving his exoneration the order was never communicated to him. The court expressed shocked after noting that the Chief Minister's signature on the file was “obliterated by using whitener,” raising serious...
Child Custody Disputes Shouldn't Be Decided By Writ Courts Unless Custody Is Illegally Retained: Orissa High Court
The Orissa High Court has held that the Writ Courts should not decide child custody battles through habeas corpus petitions unless it is found that the custody of child is retained in an illegal/unlawful manner. It further ruled that if question of custody entails complexities or requires detailed inquiry, it is incumbent upon the writ court to remit the case to competent Civil Court for...
Societies Registration Act | Registrar Empowered To Investigate Societies Upon Prima Facie Opinion Of Mismanagement: Manipur High Court
The Manipur High Court clarified that the Registrar of Societies has statutory authority under Section 22 of the Manipur Societies Registration Act, 1989 to investigate the affairs of a registered society where information discloses circumstances suggesting mismanagement. The Court held that once the Registrar forms a bona fide opinion, based on available material, that such circumstances...
Additional Evidence U/S 391 CrPC Must Be Allowed Where Necessary To Prevent Failure Of Justice: Telangana High Court
The Telangana High Court has set aside an order of the appellate court refusing to admit additional evidence in a cheque dishonour appeal, reiterating the principle that the power under Section 391 CrPC is to be exercised only when additional evidence is necessary to secure the ends of justice and to prevent failure of justice.Justice Tirumala Devi Eada allowed the Criminal Petition and set...
Plea In Delhi High Court Challenges One-Month Ban On Protests At Delhi University
A plea has been filed in the Delhi High Court against a notification banning protests and public meetings of any kind for a month in the Delhi University or its campuses in the national capital. Justice Jasmeet Singh heard a plea filed by Uday Bhadoriya, a student of the varsity, challenging the notification issued by the Office of Proctor on February 17 in the wake of clashes during a protest...
Delhi High Court Rejects PIL Seeking 'Reading Down' Of Preliminary Investigation Report On Air India Ahmedabad Plane Crash
The Delhi High Court on Wednesday dismissed a PIL seeking “reading down” of the preliminary investigation report on the Air India plane crash that took place in Ahmedabad on June 12 last year, claiming 270 lives. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia said that the prayer was “highly misconceived” as the doctrine of reading down is applied...