High Courts
NDPS Act | Exact Quantity Of Seized Contraband Need Not Be Stated In Grounds Of Arrest Notice If Nature Is Mentioned: Kerala High Court
The Kerala High Court recently clarified that it is not necessary to mention the exact quantity of contraband seized in the notice communicating the grounds of arrest if it is specified that the nature of quantity is small or intermediate or commercial.Dr. Justice Kauser Edappagath observed that the intention behind mentioning the quantity is to enable the accused to know whether the offence...
Wrong To Claim One Religion As 'Only True Religion' As It Disparages Other Faiths: Allahabad HC Refuses To Quash 295A IPC Case
The Allahabad High Court has observed that it is 'wrong' for any person to claim in secular India that a particular religion is the "only true religion", as doing so implies a 'disparagement' of other faiths and the same prima facie attracts Section 295A IPC. A bench of Justice Saurabh Srivastava observed thus while dismissing a quashing petition filed by Reverend Father Vineet...
Madras High Court Stays Trial Against Ex-Minister K Ponmudi In Hate Speech Case, Dispenses With Appearance Before Magistrate
The Madras High Court, on Thursday (26 March), temporarily stayed all further proceedings in a case registered against former Tamil Nadu Minister K Ponmudi for his comments against Saivism, Vaishnavism and women. Justice AD Jagadish Chandira allowed a plea filed by the former minister seeking a stay of the proceedings till the disposal of a plea filed by him challenging the...
Kerala High Court Seeks ITC Response On Allegation That 'Honeydew Smooth' Printed On Gold Flake Cigarette Packs Violates Law
The Kerala High Court on Monday (March 26) asked Indian Tobacco Company (ITC) and Gold Flake Corporation Ltd. to respond to an allegation made in a public interest litigation that printing the words 'Honeydew Smooth', 'Flavour like never before' and 'More flavours, more experiences' on cigarette packets amounts to a violation of Cigarettes and Other Tobacco Products (Packaging and...
DMK MP Moves Madras High Court Seeking ED Action Against BJP's Nainar Nagendran In 'Cash For Vote' Case
Dravida Munnetra Kazhagam (DMK) Rajya Sabha MP R Girirajan has moved the Madras High Court, calling for action by Enforcement Directorate against BJP's State President Nainar Nagendran in connection with a 'cash for vote' case. Action has also been sought against Kesava Vinayagam, former State General Secretary for Tamil Nadu BJP. It may be noted that on April 7, an amount of Rs....
Electricity Connection Can't Be Denied For Want Of Co-Sharer's Consent: Gujarat High Court
The Gujarat High Court has held that the question of ownership or right of occupancy over a property has no nexus with the grant of an electricity connection to a consumer who is otherwise entitled. It further said that a company cannot insist on consent of other co-sharers of a property to provide electricity connection to a consumer. In the present case the petitioner had sought for...
Patna High Court Sets Aside Direction To Appoint Waitlisted Candidate In Civil Court Recruitment, Says 'Fence-Sitters' Cannot Claim Parity
The Patna High Court has held that candidates who fail to assert their rights within the subsistence of a select panel cannot later seek parity with others who approached the Court in time, reiterating that writ relief is barred by delay and laches and that Article 14 does not permit extension of benefits on the basis of “negative equality.” A Division Bench comprising Chief Justice...
Husband Finding Wife Being Intimate With Paramour Is Grave, Sudden Provocation: Gujarat High Court Upholds 2001 Culpable Homicide Conviction
The Gujarat High Court upheld a 2001 trial court order convicting a husband to culpable homicide not amounting to murder, who assaulted his wife after he found her in a compromising position with another man in the former's house, remarking that this could be considered as "grave and sudden provocation".In doing so the court said that the case falls under Section 304-part II IPC as...
Bombay High Court Asks Maharashtra Govt If Bhima Koregaon Accused Surendra Gadling Can Use Jail Computer To Review Evidence
The Bombay High Court on Thursday sought to know from the Maharashtra Government if it could permit Surendra Gadling, an accused in the Bhima Koregaon - Elgar Parishad case, to access the computer installed in the Taloja Central Prison to review the evidence against him. A division bench of Justice Ajay Gadkari and Justice Kamal Khata while refusing Gadling to use his own laptop while in...
MP High Court Sets Aside Rejection Of SSC Candidate Over Domicile Mismatch, Says Technical Error Can't Be Treated As Suppression
The Madhya Pradesh High Court, on Wednesday (March 25), set aside the rejection of the Staff Selection Commission aspirant, holding that stringent clauses in the advertisement cannot be applied mechanically to penalise a bona fide candidate who possessed a valid domicile certificate but was merely a victim of a data entry error at a cyber kiosk. The bench of Justice Jai Kumar Pillai...
Suspecting Wife's Character Without Instigation Does Not Constitute Abetment To Suicide: Uttarakhand High Court Acquits Husband
The Uttarakhand High Court has held that mere suspicion of a spouse's character and allegations of mental harassment, in the absence of any proximate act of instigation or intentional aiding, do not satisfy the ingredients of abetment of suicide under Sections 306 and 107 of the Indian Penal Code. Holding that the prosecution failed to establish the essential elements of abetment, the Court...
No Mandatory Civil Adjudication Without Bona Fide Title Claim: Gauhati High Court Upholds Criminal Proceedings In Land Grabbing Case
The Gauhati High Court has held that prior determination of civil liability under Section 10(2) of the Assam Land Grabbing (Prohibition) Act, 2010 is not required in every case, and is not attracted where no bona fide plea asserting proprietary right, ownership, or lawful possession over the land is raised. In such circumstances, the Land Grabbing Tribunal can proceed with the criminal aspect...