Victim's Negligence No Ground To Deny Compensation In Railway Accident: Delhi High Court

The Delhi High Court has made it clear that negligence on the part of a victim is not a ground to deny compensation in cases of railway accidents, holding that once an “untoward incident” is established, the liability of the Railways is strict under the Railways Act, 1989.Justice Manoj Kumar Ohri made the observation while allowing an appeal filed by a woman whose claim for compensation...

Patna High Court Orders Toll-Free Helpline For Mentally Ill Persons, Stresses Vocational Training To Make Recovered Patients Self-Sufficient

The Patna High Court has issued directions for the creation of a toll-free helpline to assist persons suffering from mental health issues, while hearing a suo motu public interest litigation concerning the condition of mental health facilities in Bihar. The Court also directed the State to consider suggestions made by the Amicus Curiae in the matter.A Division Bench comprising Chief...

Appeal Against Interlocutory Order Framing Charge Not Maintainable Under SC/ST Act: HP High Court

The Himachal Pradesh High Court held that an appeal against an order framing charges under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not maintainable, as the order is an interlocutory order and does not determine the final rights of the parties.Justice Jiya Lal Bhardwaj observed that: “...the order framing of the charges is purely an interlocutory...

Delay By Officials No Ground To Reject Farmer Welfare Claim; Indifference To Beneficiary's Plight Unsustainable: Allahabad High Court

While dealing with a case of financial assistance being sought by a deceased farmer's family in the schemes enacted by the State Government, the Allahabad High Court observed that making the widow of the farmer approach the Court multiple times to get such assistance under a welfare scheme due to inaction on part of the authorities cannot be sustained. The bench of Justice Ajit Kumar and...

Kerala High Court Closes Plea On Angamaly–Sabari Rail Project After Railways 'Defreezes' It On State's Offer To Bear 50% Cost

The Kerala High Court has recently (18 March) disposed of a public interest litigation concerning the Angamaly–Sabari railway line, as the Ministry of Railways has submitted that the project has been defreezed.A Division Bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V. M. disposed of the petition following the submission that the project has been defreezed following a...

Senior Citizens Act Can't Be Invoked To Decide Property Ownership/ Title Disputes: Allahabad High Court

The Allahabad High Court has reiterated that the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and the Rules made thereunder cannot be invoked to title and ownership disputes between third parties who are not related to the senior citizens. It held that the Act is for the maintenance and protection of senior citizens by those who will inherit their property, not for...

Allahabad High Court Seeks Trial Judge's Explanation For Failing To Discuss Victim's Injury Report In POCSO Acquittal Judgment

The Allahabad High Court earlier this week took strong exception to a trial court judge's failure to mention and discuss the injuries sustained by the minor victim in the judgment that ultimately acquitted the accused in a POCSO Act case.Taking serious note of this lapse, the Court has called for an explanation from the Presiding Officer over the failure to consider the medico-legal...

BNSS | Gauhati High Court Upholds Telephonic Intimation Of Arrest To Accused's Family, Notes No Prejudice Caused

The Gauhati High Court refused to grant bail to an NDPS accused who had claimed violation of arrest procedure under BNSS, after finding that his family who lived in Manipur were informed of the arrest via telephonic intimation and there was subsequent service of written notice under section 48 of BNSS. Justice Anjan Moni Kalita, noted that at the time of the accused's arrest in Guwahati, his...

Married Daughter Living In Matrimonial Home Can't Seek Compassionate Appointment After Her Father's Death: Karnataka High Court

The Karnataka High Court has upheld an order which had held that a married daughter living in her husband's home cannot seek compassionate appointment on the ground of her father's death. In doing so, the court said that compassionate appointment aims to provide relief for 'immediate financial distress' to a 'family in crisis' following the death of an employee.The court was hearing a...

₹1,000 Cr Allocation 'Drop In The Ocean' Against ₹20,000 Cr Need: Rajasthan High Court Doubts State's Sincerity For Govt School Infra

While underscoring the need for adequate budget allocation towards government school infrastructure, the Rajasthan High Court directed the Chief Secretary to file an affidavit disclosing the complete road map for construction/repair of the school buildings/rooms as well as the measures adopted for ensuring safety of school going children. The division bench of Justice Mahendra Kumar Goyal...

'State's Right To File Reply Cannot Be Curtailed': HP High Court Sets Aside Tribunal Order Granting Service Benefits

The Himachal Pradesh High Court has held that a State's right to file a reply cannot be curtailed by adjudicatory bodies, setting aside a Tribunal order that granted service benefits without affording the State an opportunity to respond. Emphasising principles of natural justice and procedural fairness, the Division Bench of Chief Justice G.S. Sandhawalia and Justice Bipin Chander Negi ruled...

Valuables Should Not Remain In Police Custody: Karnataka High Court Grants Interim Custody Of Seized Articles To Accused

Granting interim custody of seized items to the accused hacker in the Reward360 cyber fraud case, the Karnataka High Court has held that valuable articles cannot be kept idle in police custody for an unduly long period merely because there are 'rival claims' over their ownership.Justice Mohammad Nawaz set aside a Magistrate Court order that had rejected applications for interim custody filed...