High Courts
Ancestral Or Inherited Properties Can Be Attached Under PMLA: Delhi High Court
The Delhi High Court has held that ancestral or inherited properties can be attached under the Prevention of Money Laundering Act, 2002.“The statute does not carve out an exception for ancestral or inherited properties, and thus, they are not immune from attachment,” a division bench comprising Justice Navin Chawla and Justice Ravinder Dudeja said. The Court dismissed an appeal filed by...
Homemaker Doesn't 'Sit Idle', Law Must Recognize Economic Value Of Her Contribution To Domestic Relationship: Delhi High Court
The Delhi High Court has observed that a homemaker does not sit idle and the law must recognise the economic value of her contribution to the domestic relationship.Justice Swarana Kanta Sharma said that the assumption that a non-earning spouse is “idle” reflects a misunderstanding of domestic contribution, as describing non-employment as idleness is easy but to recognise the labour...
'Check Period' After Minor Punishment Illegal; Employee Entitled To Promotion Consideration : Madras HC
A Division bench of the Madras High Court comprising Justice C.V. Karthikeyan and Justice R. Vijayakumar held that the penalty cannot justify withholding promotion after punishment ends. Further the 'check period' concept is illegal after imposition of the punishment. Background Facts The employee was working in the School Education Department. He had been issued a charge memo,...
'Akin To Crime Thriller': Karnataka High Court Refuses To Quash FIR By Businessman Duped Of ₹200 Crore By Fake SBI Site
The Karnataka High Court refused to quash a cheating and cybercrime FIR against four persons accused of duping a businessman of over Rs. 200 Crore by allegedly creating a fake State Bank of India website, hacking the actual bank website and obtaining OTPs terming the case akin to a "crime thriller".The court was hearing petitions filed by four accused persons challenging FIR registered...
Madras High Court Directs DVAC To Register FIR Against Minister KN Nehru Based On Materials Supplied By ED
The Madras High Court on Friday (20th February) directed the Tamil Nadu Directorate of Vigilance and Anti-Corruption to register an FIR against Tamil Nadu Minister for Municipal Administration, Urban and Water Supply, KN Nehru, for alleged bribery in appointments to the Municipal Administration and Water Supply (MAWS) Department, based on information shared by the Enforcement Directorate....
Madhya Pradesh High Court Faults State For 'Blindly' Filing Appeal Before Wrong Forum, Imposes Costs
The Madhya Pradesh High Court slammed the State for filing a revision 'blindly without knowing the law', observing that an appeal against acquittal in a case instituted on a private complaint of a forest officer ought to have been filed before the High Court and not before the First Appellate Court. The bench of Justice Avanindra Kumar Singh imposed a cost of ₹10,000 upon the State,...
CBSE Can't Reduce Marks In Subject Not Sought For Re-Evaluation: Gauhati High Court
The Gauhati High Court has held that while re-evaluating a student's answer sheet in a subject for which an application is made, the CBSE cannot alter marks in another subject that was not sought to be re-evaluated, and that marks already awarded in such other subjects cannot be changed without a corresponding application.Justice Nelson Sailo observed, “...when the son of the petitioner...
Tripura Being Border State Faces Regular Drug Problem Leading To HIV/AIDS, Citizens Are Victimised: High Court Denies Bail In NDPS Case
The Tripura High Court has dismissed the second bail plea of three men accused of involvement in a large-scale narcotics operation, noting that the state is facing regular problems with narcotic drugs, leading to the spread of HIV/AIDS.Justice Dr. T. Amarnath Goud observed that: “It is seen in Tripura that because of border State, if is facing regular problem with narcotic drugs leading...
Peaceful Protests Don't Attract Recovery Of Police Deployment Costs Unless Democratic Limits Are Exceeded: Rajasthan High Court
The Rajasthan High Court has held that in cases where the permissible democratic limits to peaceful protests are crossed by the protestors, resulting in acts like climbing on the overhead tanks, police has the right to recover additional expenses from such protestors, incurred for maintaining law and order. The bench of Justice Farjand Ali was hearing a matter concerning the charges related...
'State Cannot Sleep For 20 Years & Recover Salary Before Retirement': Calcutta High Court Quashes Recovery Against Indian Museum Employee
Holding that the State cannot resurrect decades-old service decisions to penalise a blameless employee on the eve of retirement, the Calcutta High Court quashed a show-cause notice and recovery proceedings initiated against a Hindi Translator nearly 19 years after his financial upgradations and pay fixations had been repeatedly approved and acted upon. Justice Ananya Bandyopadhyay observed...
Delhi High Court Protects Personality Rights Of Actress Kajol; Restrains Sale Of Commercial Merchandise, Obscene Material
The Delhi High Court on Friday passed an interim order protecting the personality rights of Bollywood actress Kajol Devgan. Justice Jyoti Singh restrained various defendant entities from using the actress' image and likeness while selling commercial merchandise as well as ordered takedown of obscene material. The Court said that it will also pass an order restraining misuse of Kajol's...
Whether Cheque Was Given As Security Or Towards Debt Cannot Be Decided In Quashing Proceedings U/S 482 CrPC: J&K&L High Court
Reiterating the limited scope of inherent powers under Section 482 Cr.P.C., the Jammu & Kashmir and Ladakh High Court has held that the question whether a cheque was issued merely as security or in discharge of a legally enforceable debt is essentially a matter of evidence and cannot ordinarily be adjudicated at the stage of quashing criminal proceedings.A bench of Justice Sanjay Parihar...