High Courts
Mere Failure To Make Timely Payment Not Cheating Without Initial Fraudulent Intent: Gauhati High Court Reiterates
The Gauhati High Court has reiterated that mere non-payment arising out of contractual dealings, without prima facie material showing fraudulent or dishonest intention at the inception, cannot be treated as offences of cheating or criminal breach of trust.The ruling was delivered by Justice Anjan Moni Kalita, who observed, “…though there are instances of non-fulfillment of promises, the same...
Sambhal Violence | Allahabad High Court Extends Stay On CJM Order For FIR Against Cops Until April 21
The Allahabad High Court on Tuesday extended the interim stay on a Chief Judicial Magistrate (CJM) order that had directed the registration of an FIR against senior police officials in connection with the November 2024 Sambhal violence.A bench of Justice Samit Gopal passed the order extending the relief while hearing a petition moved by former Sambhal Circle Officer Anuj Kumar Chaudhary...
Delhi High Court Flags Possible Conflict Between S.223 BNSS Interpretation And SC Law On Cognizance, Refers Issue To Larger Bench
The Delhi High Court has referred to a larger bench the issue relating to the stage of taking cognizance under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) and the timing of issuance of notice to the accused under its first proviso.For context, Section 223 pertains to examination of the complainant. The provision states that a magistrate having jurisdiction while...
'Genocide; Prima Facie Case Made Out': Allahabad High Court Refuses To Quash 1984 Kanpur Anti-Sikh Riot Cases
The Allahabad High Court recently rejected petitions filed by 9 individuals to quash the criminal proceedings pertaining to the 1984 anti-Sikh riots in Kanpur. Describing the mass violence following the assassination of former Prime Minister Indira Gandhi as a 'genocide' and a 'crime against humanity', the Court said that delay in recording witness statements and the non-availability...
State Can't Mechanically Suspend Municipal Resolutions: Gujarat High Court Stays Govt Order
The Gujarat High Court on Tuesday (March 24) questioned the State government and Ahmedabad Municipal Corporation with respect to authority under which the Municipal Commissioner had referred resolutions concerning waiver of late payment charges under advertisement policy to the State.The court further said that "prima facie" the Municipal Commissioner could not have referred the matter to...
Right To Adopt Cannot Be Defeated By Procedural Delay: Calcutta High Court
The Calcutta High Court has held that a prospective adoptive parent cannot be deprived of the right to adopt merely because the child crosses the statutory age limit during pendency of court proceedings, particularly when the delay is attributable to the judicial process itself. Justice Shampa Dutt (Paul), allowing a civil revision petition, set aside an order of the District Judge, Nadia,...
Delhi High Court Issues Notice On Plea Alleging Non-Compliance With SC Directions For CCTVs In Police Stations During Arrest, Interrogation
The Delhi High Court has issued notice on a plea alleging non-compliance with the Supreme Court's directions mandating installation and maintenance of CCTV cameras in police stations and other investigative offices, particularly during the arrest and custodial interrogation of an accused.A Division Bench of Justices Navin Chawla and Shail Jain sought responses from the State and...
Mid-Session Fee Hike Cannot Apply To Already-Admitted Students: Calcutta High Court Quashes College's Demand Notice
The Calcutta High Court has held that a mid-session fee hike cannot be imposed on students who had already taken admission on the basis of a previously notified fee structure. A Division Bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya, while hearing three connected appeals filed by first-year B.Tech students of Dr. B.C. Roy Engineering College, set aside the...
'State Largest Litigant, Must Act With Accountability': Karnataka High Court Calls For Digital Litigation Monitoring System To Prevent Delays
The Karnataka High Court has held that the State Government, as the single largest litigant before constitutional courts, bears a 'corresponding responsibility' to conduct its legal affairs with institutional accountability. The court added that the government cannot expect preferential treatment regarding the law of limitation. “…The Government cannot take advantage of bureaucratic...
Madras High Court Imposes ₹50K Costs On 'Unusual' Plea Seeking Daily Protest At A Busy Public Junction Till 'World War' Ends
The Madras High Court recently dismissed a man's plea seeking permission to conduct daily protests till the end of World War. Justice Victoria Gowri also imposed a cost of Rs 50,000 on the man for filing frivolous petitions for his eccentric needs. The court noted that constitutional rights were meant to enlarge participation and could not be used to assert a right in total...
'Pitiable Condition' Of NH-8: Gujarat High Court Seeks NHAI Response On Repairs, Amount Spent On Maintenance & Toll Collected
The Gujarat High Court has asked the National Highway Authority of India (NHAI) to file an affidavit informing about repair works conducted in the last 3 years on a section of NH-8 as well as the amount spent for maintenance of these sections along with the toll amount collected for the time period. The court was hearing a PIL highlighting mismanagement of a section of the...
Delhi High Court Issues Notice On Plea Challenging Exclusion Of Autism, Mental Illness & Learning Disability Candidates From UPSC Reservation
The Delhi High Court has issued notice on a public interest litigation challenging the exclusion of candidates with autism, intellectual disabilities, specific learning disabilities and mental illness from reservation benefits in the Civil Services Examination conducted by the Union Public Service Commission (UPSC).A Division Bench of Chief Justice DK Upadhyaya and Justice Tejas Karia...