High Courts
'Failed To Supply Grounds Of Arrest, Record Reasons For Search': Punjab & Haryana High Court Declares Arrest 'Illegal' In NDPS Case
The Punjab and Haryana High Court has declared the arrest of an accused in a drugs case illegal, finding that no reasons for the search of his premises were recorded and that the investigating agency also failed to provide the grounds of arrest in compliance with BNSS.It was alleged that on basis of secret information, a huge amount of drug money was recovered in the form of foreign currency...
'No Real Action' Taken On Plastic Ban: Meghalaya High Court Orders State To Prevent Clandestine Manufacture Of Single Use Plastic
Noting that no "real action" had been taken by the state government to ensure removal of plastic products from the market, the Meghalaya High Court on Wednesday (May 14) issued a slew of directions on preventing clandestine manufacture of plastic "which is less than 120 microns width". The Court was hearing a PIL regarding seeking a complete ban on single-use plastic (SUP) in the State...
Karnataka High Court Sets Aside Registration Of Residential Complex Under Co-op Societies Act, Directs Registration Under Apartment Ownership Act
The Karnataka High Court has reiterated that the association of the owners of flats situated in an Apartment, consisting of residential units only, is to be registered under the Karnataka Apartment Ownership Act (KAO) and not under the provisions of the Karnataka Cooperative Societies Act (KCS).A single judge, Justice K S Hemalekha, observed thus while allowing a petition filed by owners of...
Calcutta High Court Upholds Order Dismissing Plea Challenging Shift Of NCLT Premises To New Town
The Calcutta High Court has upheld a single bench order declining a plea challenging the move to shift the NCLT Kolkata premises located near the High Court, to a new building in the city's New Town area, as proposed by the Ministry of Corporate Affairs.A division bench of Justices Rajarshi Bharadwaj and Apurba Sinha Ray held: "The question, however, is not whether the shift in location...
Benefit Of Probation Of Offenders Act Can't Be Granted For Offence Of Criminal Breach Of Trust: Himachal Pradesh High Court
Himachal Pradesh High Court held that the benefit of the Probation of Offenders Act should not be granted to a person convicted of criminal breach of trust, as doing so would encourage people to misappropriate the property of other persons and the trust upon which a civil society is based would be affected.Justice Rakesh Kainthla: “Granting the benefit of the Probation of Offenders Act to...
Public Information Officer Not Legally Bound To Start Investigative Process U/S 7 Of RTI Act: Kerala High Court
The Kerala High Court in a recent decision held that the Public Information Officer does not have any power or duty under section 7 of the Right to Information Act, 2005 to open up an investigation while processing and disposing RTI Applications.The judgment was passed by Justice N. Nagaresh while hearing a Writ Petition seeking a direction against the respondents to approve the appointment...
Bail Under Section 37 Of NDPS Act Can't Be Granted Based On Assumptions: Himachal Pradesh High Court
The Himachal Pradesh High Court rejected a bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS Act”), by an accused arrested for an offence under Section 27A of Narcotic Drugs and Psychotropic Substances Act (“NDPS Act”).Section 27 A of the NDPS Act deals with the punishment for harbouring offenders and financing Illicit traffic. This...
Delhi High Court Directs Saket Gokhale To Publish Apology For Defaming Lakshmi Puri
The Delhi High Court has directed Trinamool Congress MP Saket Gokhale to publish the apology for defaming Lakshmi Puri, former Indian Assistant Secretary-General to the United Nations, as directed by a single judge last year. In an order passed on May 09, Justice Anish Dayal directed Gokhale to publish the apology within two weeks, while rejecting his proposal to place the apology in a...
Col Sofiya Qureshi Remark: MP High Court Expresses Dissatisfaction With State's FIR Against BJP Minister Vijay Shah, Will Monitor Probe
The Madhya Pradesh High Court on Thursday (May 15) ordered that it shall monitor Police's investigation against BJP Minister Kunwar Vijay Shah in an FIR lodged for his comments on Colonel Sofiya Qureshi where he called her "sister of terrorists", to ensure it happens fairly.This comes after the Court was dissatisfied with the contents of the FIR lodged by the State Police. The court further...
J&K High Court Stays Criminal Proceedings Against Relatives Of Former CM Ghulam Nabi Azad
The Jammu & Kashmir Highcourt has stayed criminal proceedings pending before a trial court in Jammu against two relatives of former Chief Minister Ghulam Nabi Azad.A bench of Justice Rajesh Sekhri passed the interim order while hearing a petition challenging the proceedings arising out of a complaint filed by a worker of Aam Aadmi Party and also a director of Hyber Hightech...
Failing To Discuss Irrelevant Statutory Provisions Is Not An Error Apparent On Record: J&K High Court Dismisses Review Plea
Reiterating the legal standard that courts are not obliged to discuss statutory provisions irrelevant to the controversy at hand, the High Court of Jammu & Kashmir and Ladakh at Srinagar has dismissed a review petition filed by a retired employee of Sher-i-Kashmir International Conference Centre (SKICC), seeking reconsideration of its earlier judgment.The Division Bench comprising...
'False Rape Accusations Not Uncommon': Rajasthan High Court Acquits Convict Citing Animosity Between Parties, Lack Of Medical Evidence
Setting aside the Trial Court's order, Rajasthan High Court acquitted a rape convict, opining that since false accusations were not uncommon, judiciary had to exercise prudence and discernment, particularly in cases involving serious allegations like rape. It was held that such charges may be motivated by motives like revenge, extortion or evasion of financial obligations.The bench of...