High Courts
Storing Child Sexual Abuse Material On Mobile Can Attract POCSO & IT Act Offences, Even Without Transmission: Karnataka High Court
Iterating the precedents laid down by the apex court, the Karnataka High Court has dismissed a plea to quash the criminal proceedings against a 38-year-old man who allegedly stored sexually exploitative content of children in his mobile phone.“…it is not transmission alone, but even storage of child pornographic content which has the capacity of being transmitted, which would become...
Rajasthan High Court Quashes Case Against JDA Officer Accused Of Illegal Demolition, Cites Lack Of Sanction
The Rajasthan High Court set aside proceedings against the Enforcement Officer, Jaipur Development Authority (“EO, JDA”) in a case of alleged unlawful entry and demolition of entry gate, in absence of prior sanction under Section 197, CrPC and restriction under Section 78 of the JDA Act.The bench of Justice Pramil Kumar Mathur was hearing a petition challenging the orders of the trial...
Providing Incorrect Information On Nomination Papers Amounts To Corrupt Practice: MP High Court Sets Aside Election Of Panchayat Member
The Madhya Pradesh High Court has set aside the result of the Janpad Sadashya of Ward No.1, observing that furnishing incorrect information on nomination papers by the candidate amounts to a corrupt practice. The bench of Justice Vishal Mishra observed, "Furnishing of incorrect information in nomination paper will amount to corrupt practice. It is not a case wherein counting of votes...
Allahabad HC Orders Protection For Man Allegedly Stopped From Namaz At Home; Says State Will Be Accountable For Any Harm To Him Or His Property
The Allahabad High Court has ordered round the clock security for a Muslim man from Bareilly who was allegedly stopped from offering Namaz inside his private house.The division bench of Justice Atul Sreedharan and Justice Siddharth Nandan ordered two armed guards 24/7 shall protect Haseen Khan, and "any incident of violence that afflicts him or his property shall be prima facie understood to...
Section 138 NI Act Not Attracted When Cheque Bounces Due To Subsequent Freezing Of Drawer's Account: Karnataka High Court
When the drawer of the cheque could not have exercised real control or authority upon the relevant bank account on which a cheque is drawn, its dishonour would not warrant proceedings under the Negotiable Instruments Act, held the Karnataka High Court.“…The ostensible reason for dishonouring of the cheque has to be a voluntary act in the control of the accused and if the cheque has...
Rajasthan High Court Expresses Dissatisfaction Over City Cleanliness, Says Fines May Be Imposed On Citizens For Improper Garbage Disposal
The Rajasthan High Court has expressed dissatisfaction over the performance of the Municipal Corporation relating to the cleaning of the city, and suggested steps that should to be undertaken including imposition of fine on citizens who did not perform their duties of getting the garbage removed from their particular area. The division bench of Acting Chief Justice Sanjeev Prakash Sharma...
Mere Mention Of Consideration In Partition Deed Doesn't Convert It Into Conveyance Requiring Additional Stamp Duty: Telangana High Court
The Telangana High Court has held that merely mentioning the word “consideration” instead of “market value” in a partition deed cannot by itself justify treating the instrument as a conveyance and demanding additional stamp duty.A Single Judge Bench of Justice K. Sarath observed that the registering authority cannot demand deficit stamp duty merely on the basis of such wording where...
Delhi High Court Seeks CBI's Response On Lalu Prasad Yadav's Plea Against Charges In 'Land For Jobs' Case
The Delhi High Court on Wednesday (March 11) issued notice to CBI on RJD Chief Lalu Prasad Yadav's petition challenging a Special Court's order dated January 09, framing charges against him in the 'land for jobs' case.Issuing notice to the CBI, Justice Manoj Jain gave a tentative schedule of hearing to both sides. "Accordingly the arguments shall be heard on March 17,18 and 23, 24 from 3:30...
Registering Authority Cannot Usurp Powers Of Civil Court To Cancel Sale Deed: Madras High Court
The Madras High Court has reiterated that the registering authority does not have the power to go into the civil rights of parties. The bench of Justice SM Subramaniam and Justice K Surender held that the registering authority cannot usurp the powers of the civil court and can only interfere if there is any apparent error. The court added that if there is any doubt regarding the...
“How Do You Permit 15-Yr-Old To Consume Alcohol?”: Karnataka HC While Staying Proceedings Against Brewery Partner In Minor's Suicide Case
The Karnataka High Court has granted an interim stay on criminal proceedings against a brewery licensee at Bengaluru, arising from a teenager's suicide after alleged consumption of alcohol from its premises.The single judge bench of Justice M. Nagaprasanna heard both parties at length before granting the interim stay until the next date of posting.“A life is lost…How do you permit...
Non-Disclosure Of Minor Criminal Cases Leading To Acquittal Should Not Automatically Lead To Termination: Sikkim High Court
The High Court of Sikkim has set aside the termination of a constable employed in the Sashastra Seema Bal (SSB), holding that suppression of minor criminal cases which ultimately resulted in acquittal should not automatically lead to termination from service. The Court emphasized that authorities must evaluate the nature of the offence, the nature of the post, and the socio-economic background...
British Citizenship Row | Allahabad High Court Summons Complete Record Of MHA's 2019 Notice To Rahul Gandhi
The Allahabad High Court on Monday summoned the complete record related to the 2019 notice issued by the Ministry of Home Affairs to the Leader of the Opposition in the Lok Sabha, Rahul Gandhi. For context, following a complaint by BJP MP Subramanian Swamy, the MHA had asked Gandhi, on April 29, 2019, to provide the "factual position" regarding his citizenship. In his 2015 complaint, Dr...