Habeas Corpus Plea Not Substitute To Custody Proceeding Available Under Guardianship Act: Punjab & Haryana High Court

The Punjab and Haryana High Court has observed that a habeas corpus petition cannot serve as a substitute for custody proceedings under the guardianship laws like Hindu Minority and Guardianship Act. It clarified that High Court can intervene only when it is clear case of illegality.Justice Sumeet Goel said,"The High Court's jurisdiction to issue a writ of Habeas Corpus in minor child...

Chhattisgarh High Court Initiates Suo Moto Case Over Railway's Refusal To Fund Treatment Of Electrocuted Contract Worker "Battling For Life"

The Chhattisgarh High Court has taken suo-motu cognisance of Railway Department's refusal to the fund the treatment of a young contract worker "battling for his life" after coming in contact with an Overhead Equipment (OHE) while repairing a leakage at the Railway Coaching Depot.While the Railway officials were reported to have attempted to "distance themselves" from the responsibility,...

Govt Employee's Transfer Is Not Vitiated Merely Due To Being Made Upon Recommendation By MLA: Karnataka High Court

The Karnataka High Court has said that the transfer of a government employee would not be vitiated for being made solely at the instance or recommendation of a Member of Legislative Assembly (MLA).A division bench of Justice S G Pandit and Justice K V Aravind said thus while dismissing the petition filed by S Venkateshappa, a Tashildar, challenging the order of the Karnataka...

Fatigue-Detection Cameras, Police Verification: Kerala High Court Upholds Mandatory Safety Measures For Public Transport Operators

The Kerala High Court has upheld the State Transport Authority's (STA) decision mandating installation of surveillance cameras with fatigue-detection sensors, geo-fencing technology, and compulsory production of Police Clearance Certificates(PCCs) for transport personnel.Justice Mohammed Nias C P, delivered the judgment dismissing a batch of writ petitions petitions filed by stage...

'Practice Seriously Deprecated': Allahabad HC Takes Exception To Advocate Addressing Court Sans Filing Vakalatnama Or Authority Letter

The Allahabad High Court recently took strong objection to an advocate addressing the Court without any Vakalatnama or authority letter from the client, observing that such a practice is 'detrimental' to the litigants on behalf of whom such an advocate is appearing. A Division Bench of Justice Rajesh Singh Chauhan and Justice Syed Qamar Hasan Rizvi deprecated this practice while...

[S.91 CrPC] Accused Cannot Be Summoned To Produce Incriminating Evidence Against Himself: Calcutta High Court

The Calcutta High Court has held that an accused cannot be summoned under section 91 of the CrPC to provide incriminating material against himself, which would be used against him in trial.Justice Partha Sarathi Sen held: "It thus appears to this Court that from the series of reported decision as cited from the Bar it would reveal that it was never the legislative intent while enacting Section...

Delhi High Court Reserves Order On Gautam Gambhir Foundation's Plea To Quash COVID Drugs Hoarding Case

The Delhi High Court on Friday reserved order on a plea filed by Indian cricket team head coach Gautam Gambhir, his foundation and its members seeking quashing of a case involving allegations of hoarding and unlicensed distribution of drugs during the second wave of COVID-19 pandemic.Justice Neena Bansal Krishna reserved the verdict after hearing Advocate Jai Anant Dehadrai appearing for...

Bihar Police Recruitment: 17 Yrs On, High Court Grants Relief To 252 Candidates Denied Post Despite Higher Merit

The Patna High Court directed the State to appoint 252 candidates as Sub-Inspectors in Bihar Police under a 2004 advertisment, holding that denying them appointment despite having higher marks than 133 already appointed candidates violates their fundamental rights under Articles 14 and 16 of the Constitution. Justice Arvind Singh Chandel delivered the judgment while allowing three writ...

Minor Girl's Claim Of Being 18+ Or Aadhar Showing Her As Major Doesn't Help Case Of Accused Booked Under POCSO Act: HP High Court

The Himachal Pradesh High Court recently observed that a minor girl's representation of herself as being above 18 years of age or an Aadhar card entry showing her as a major cannot help an accused facing charges under the POCSO Act. A bench of Justice Rakesh Kainthla thus rejected an accused's regular bail plea, who is facing charges of offences under Sections 363 and 376 of the IPC...

Arbitrary & Generalized Apprehension: Patna High Court Quashes Order Denying Increase Of Arms Trader's Quota Due To 'Celebratory Firing'

The Patna High Court quashed two orders of the Bihar Government refusing to increase the stock quota of a licensed arms dealer, holding that the rejection was arbitrary, based on irrelevant grounds such as "celebratory firing".Justice Alok Kumar Sinha allowed the writ petition filed by M/s Premlata & Sons, run by proprietor Smt. Prem Lata Pandey, who holds a valid arms trade license...

Delhi High Court Blocks Fraudulent Websites Collecting Money Under 'Burger King' Trademark

The Delhi High Court has observed that the illegal use of “Burger King” trademark or collecting money under the name of the American multinational fast food restaurant chain is not permitted. Justice Prathiba M Singh ordered suspension of three domain names, two email addresses and directed blocking of three websites engaged in committing fraud by collecting money using Burger King's name...

S. 232 BNSS | No Prohibition On Committal Courts To Consider Bail Applications: Kerala High Court

The Kerala High Court has held that there is no prohibition on a committal court to consider the bail application of an accused person as per the second proviso to Section 232 of the Bharatiya Nagarik Suraksha Sanhita (BNSS).Justice V.G. Arun observed:"The 2nd proviso casts a duty on the Magistrate to forward the applications filed by the accused or the victim to the Court of Session...