High Courts
Kerala High Court Grants Leave To Advocates' Association To Seek Review Of Mandatory SHO Verification In Bank Account Defreezing Cases
The Kerala High Court on Wednesday (25 February) granted leave to the Kerala High Court Advocates' Association (KHCAA) to file a review petition challenging a recent High Court direction that mandates police verification of petitioners in cases seeking defreezing of bank accounts.The division bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M allowed the...
Madras High Court Upholds ₹5 Lakh Penalty On SI For Police Brutality, Notes Her "Arrogance" In Not Filing Counter Before Human Rights Body
The Madras High Court recently refused to interfere with an order passed by the State Human Rights Commission of Tamil Nadu directing as Sub Inspector of Police to pay Rs 5 Lakh as compensation for custodial torture committed by her against a woman. The bench of Justice Anita Sumanth and Justice Mummineni Sudheer Kumar also took note of the “arrogance” of the officer in not...
Fabricated Case, Co-Accused Acquitted; Not A Single Call To Link Me To Victim: Asaram Tells Rajasthan High Court In Rape Case
In an appeal arising out of the conviction of self-styled godman Asaram, the defence challenged the credibility of the prosecution witnesses, particularly the parents of the prosecutrix, contending that their testimonies were riddled with contradictions, embellishments and demonstrably false claims which strike at the root of the prosecution's case.Counsel argued that the parents were fully...
'What Is The Judicially Manageable Standard?': Delhi High Court Questions PIL Challenging Rajya Sabha Nomination Of C Sadanandan Master
The Delhi High Court on Wednesday questioned a public interest litigation filed against nomination of veteran BJP leader C Sadanandan Master to the Rajya Sabha, alleging that he lacks demonstrable special knowledge or practical experience as required in law. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia asked if there is any judicially manageable standard...
Dying Declaration Proves Assailant, Not Intention To Kill: Gujarat High Court Converts Murder Conviction To Culpable Homicide
The Gujarat High Court modified a murder conviction into culpable homicide not amounting to murder, holding that although the dying declaration established the accused's role in causing injuries, the overall circumstances reflected absence of intention to kill.Allowing the appeal partly, the Division Bench of Justice Ilesh Vora and Justice R.T. Vacchani specifically observed:“While the...
Kerala High Court Grants Bail To Alleged LTTE Operative In NIA Terror Funding Case After Four Years in Custody
The Kerala High Court on Tuesday (24 February) granted bail to an alleged LTTE Operative who attempted to revive the Liberation Tigers of Tamil Eelam (LTTE), for the purpose of waging war against Sri Lanka, citing prolonged incarceration and the constitutional right to a speedy trial.A Division Bench comprising Justice Susrut Arvind Dharmadhikari and Justice P V Balakrishnan allowed the...
'Purpose Defeated': Kerala High Court Orders Discontinuation Of Kannur Corporation's 60 Year-Old-Siren Installed During Indo-Pak War
The Kerala High Court recently passed a judgment ordering the stoppage of Kannur Corporation's 60-year-old siren, which was installed in 1965 during the Indo-Pakistan war as a civil defence mechanism.The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. was considering a public interest litigation praying to discontinue the operation of the high-intensity siren.Allowing...
Once Non-Cognizable Report Is Registered, Police Can't Lodge FIR Based On Second Complaint Without Giving Reasons: Karnataka High Court
The Karnataka High Court quashed an FIR against a man for intimidating a woman, after noting that the FIR was registered on the basis of the second complaint and not on the basis of a Non Cognizable Report registered earlier. The petitioner had challenged an FIR for the offences punishable under IPC Sections 341(wrongful restraint), 427(mischief causing damage to property amounting to ₹50)...
Only Actual Custody Counts For Police Remand U/S 187 BNSS, Not Period Spent On Interim Bail: Delhi High Court
The Delhi High Court has clarified that only the period during which an accused is in actual custody can be counted for the purpose of computing the maximum permissible period of police remand under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and that time spent on interim bail cannot be treated as custody.Justice Prateek Jalan referred to Kerala High Court judgment...
Order 43 Rule 1(c) CPC | Appeal Maintainable Against Rejection Of Delay Condonation In Plea For Restoration Of Suit: Gujarat High Court
The Gujarat High Court has held that an appeal under Order 43 Rule 1(c) CPC is maintainable against an order rejecting condonation of delay in filing an application for restoring a suit which was dismissed for default, holding that such rejection effectively amounts to dismissal of the restoration application itself.The question involved petition was whether a Civil Miscellaneous Appeal...
Maker-Checker System Doesn't Immunise Bank Officer From Personal Liability For Illicit Transactions: Delhi High Court
The Delhi High Court has upheld the removal of an officer from the Bank of Baroda, holding that the maker–checker system is only a risk-control mechanism and does not confer immunity on an officer who initiates unauthorised or self-serving transactions.Justice Sanjeev Narula observed,“A transaction that is unauthorized, unjustified, or tainted by a conflict of interest remains...
Anna University Moves Madras High Court Against Revocation Of Ex-VC's Suspension By Governor
The Anna University, through its Registrar, has approached the Madras High Court challenging an order passed by its Chancellor (Governor) revoking the suspension of former Vice Chancellor Dr R. Velraj. Justice Dhandapani admitted the plea on Tuesday (24th February) and issued notices to the Chancellor and Velraj. The University submitted that Velraj was working as the Vice...