Whether Rights In Favor Of Third Party Are Created In Property Which Is Subject Matter Of Arbitration Cannot Be Decided Under Writ Jurisdiction: Karnataka HC

The Karnataka High Court bench of Mr Justice Krishna S Dixit and Mr Justice Ramachandra D. Huddar has held that whether rights in favor of a third party based on sale deeds have been created in the property, which is the subject matter of arbitration, cannot be decided by the court under writ jurisdiction. Brief Facts: The petitioner is the third party purchaser of the plots in...

'Can't Step Into Evaluator's Shoes, Assessment Is Subjective': Gujarat HC Rejects Plea For Re-Evaluation In District Judge Promotion Process

The Gujarat High Court has observed that assessment of judicial officers' decisions for the purpose of promotion is a subjective exercise and it would be impossible to maintain uniformity in such assessments, adding that questioning the same would dent the sanctity of the recruitment process. It further observed that if the officer's annual confidential reports (ACR) are relied on to question...

Giving Speeches Creating Legal Awareness, Training People How To Respond To Police Enquiries Not 'Anti-National' Activity: Bombay High Court

Merely giving speeches about legal awareness and making the members aware about their rights and how to respond when the police comes for an enquiry is not an 'anti-national' activity, the Bombay High Court held on Friday while ordering release of a member of the Popular Front of India (PFI).A division bench of Justices Sarang Kotwal and Shriram Modak granted bail to Shaikh Sadique Isaq...

Mere Call Records Without Voice Recordings May Not Be Sufficient For Conviction U/S 27-A Of NDPS Act: J&K High Court Grants Bail To Alleged Drug Supplier

"CDR details showing contact between the petitioner and the co-accused, without there being any voice recording relating to conversation between them, may not be sufficient to convict the petitioner for offence under Section 27-A of NDPS Act, though it raises a suspicion about his involvement in the alleged crime," observed Justice Sanjay Dhar of the Jammu & Kashmir and Ladakh High...

Kerala HC Orders Preservation Of CCTV Footage Of Police Station Over Allegations Of Fake NDPS Case Against Mentally Challenged Person

The Kerala High Court has ordered preservation of the CCTV footage in the Cheranelloor Police Station after a 22-year-old mentally challenged person filed a petition before the Court stating that a fake NDPS case was registered against him out of personal rivalry.The petitioner stated that he was bought to the police station by his father after his father received a call from the police...

S.482 CrPC | Courts Duty Bound To Examine Overall Circumstances To Probe Malicious Intent In Criminal Cases: J&K High Court

The Jammu and Kashmir and Ladakh High Court has held that while exercising its inherent power under Section 482 of the Code of Criminal Procedure (Cr.P.C), it is the duty of the Court to look beyond the mere allegations in an FIR or complaint and assess the attending circumstances to determine if the criminal proceedings have been initiated maliciously.Justice Sanjay Dhar emphasized that if it appears that criminal law is being used as a weapon for personal vendetta, the Court must intervene to...

Confession By Accused Implicating Other Co-Accused Can Be Taken As 'Lead' In Investigation, Admissible U/S 30 Of Evidence Act: AP High Court

The Andhra Pradesh High Court has held that confessional statements made by the accused during interrogation can be considered or looked into to connect the other co-accused and such a disclosure statement can be taken into consideration to provide a lead in the investigation.Justice T. Mallikarjuna Rao further held that such a statement is admissible under Section 30 of the Indian Evidence Act. Section 30 provides for consideration of proved confession affecting the person making it and others...

Unconditional Withdrawal Of Prior Petition Filed U/S 11 Of A&C Act Bars Subsequent Petition On Same Cause Of Action: Delhi High Court

The Delhi High Court bench of Justice Manoj Kumar Ohri has observed that if a petition for appointment of arbitrator is withdrawn without liberty to file a fresh petition, then by application of Order 23 Rule 1(4), CPC, a subsequent petition on the same cause of action would be barred. Facts The contract between the Petitioner and Respondent No. 1 pertained to the construction of...

"78 Yrs Of Independence, People Are Educated & Wise": Bombay HC Permits Hindu Outfit To Felicitate Malegaon Blast Accused Pragya Thakur

Observing that after 78 years of independence, the Indian population is wise and educated, the Bombay High Court on Friday permitted a Hindu organisation to organise "Viraat Hindu Sant Sammelan" and confer the "Hindu Veer Puraskar" on right-wing extremist Pragyasingh Thakur, a prime accused in the 2008 Malegaon Bomb Blasts case.A division bench of Justices Ravindra Ghuge and Ashwin...

Rajasthan HC Orders Regularization Of Govt Employee Withdrawn Citing Educational Criteria Despite Favourable Court Orders, Fines ₹2 Lakh

The Rajasthan High Court has quashed an order withdrawing regularization of a government employee due to non-fufilment of educational qualification, after noting that the order was not only against the categorical directions of the court's division bench which was upheld by Supreme Court but also violated judicial precedents.In doing so the court found that the issue of the...

Delhi High Court Issues Notice On PIL To Provide 24 Hours Service For Blood Donation Without Restrictions

The Delhi High Court has issued notice on a PIL seeking direction on the Union Government to take necessary action to provide 24 hours service for blood donation, without any restrictions.A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela sought response of the Centre through Ministry of Health & Family Welfare. The matter will be heard on...

'No Systematic Irregularities Proven': Patna HC Dismisses Pleas Challenging BPSC 70th Prelims, Allows Conduct Of Mains Examination

The Patna High Court on Friday dismissed multiple petitions seeking the cancellation and re-examination of the integrated 70th Bihar Public Service Commission (BPSC) Combined (Preliminary) Competitive Examination (CCE). The court ruled that there was “no definite evidence of malpractice at all centres” in the preliminary tests conducted on December 13, 2024.A division bench comprising...