High Courts
O.26 R.9 CPC Allows Appointment Of Commissioner To Clarify Disputed Matters Only When Evidence is Inconclusive: J&K High Court
The Jammu and Kashmir and Ladakh High Court has reaffirmed that a Commissioner for local investigation under Order 26 Rule 9 of the Civil Procedure Code (CPC) can only be appointed when the evidence before the trial court is inconclusive and requires clarification.Justice Rajnesh Oswal set aside an order of the Municipal Magistrate, Jammu, which had appointed a Tehsildar as Commissioner...
Unnecessarily Subjecting Child To Medical Exam Will Cause More Mental Stress: Madras HC Asks Hospitals To Examine Victims Based On Complaint In POCSO Cases
Noticing the routine manner in which every child in a case under the Protection of Children from Sexual Offences Act (POCSO) was being subjected to medical examination mechanically, the Madras High Court has asked the doctors and hospitals to conduct medical examinations based on the nature of the complaint. A special bench of Justice N Anand Venkatesh and Justice Sunder Mohan, which...
Writ Court Shall Not Reappreciate Evidence In Disciplinary Proceedings Unless Inquiry Officer's Finding Of Guilt Is Perverse: Kerala HC
The Kerala High Court stated that Writ Court shall not reappreciate evidence in disciplinary proceedings while exercising powers under Article 226 or 227 of the Constitution. The Court further stated that the Writ Court shall only interfere in the Inquiry Officer's findings of guilt only if they are perverse.The Division Bench of Justice Anil K.Narendran and Justice Muralee Krishna S....
Kerala High Court Seeks Detailed Action Plan From State Over Elephant Attacks In Aralam Farm
The Kerala High Court, on Thursday (13th February), asked the State Government if any plan of action had been formulated to combat the repeated elephant encroachments and attacks happening on Aralam farm in Kannur. The Division Bench comprising Chief Justice Nitin Jamdar and Justice S. Manu asked the State to submit details on any plan of action formulated, the short-term and long-term plan...
Madras High Court Declines To Interfere With Conviction And Sentence Of MLA In Case Involving Receipt Of Foreign Funds
The Madras High Court has dismissed a revision petition filed against the conviction of MLA MH Jawaharulla and other members of the Tamilnadu Muslim Munnetra Kazhagam (TMMK) in a case involving the receipt of foreign funds. The court thus confirmed the conviction and sentence imposed on Jawaharulla. Justice P Velmurugan, however, directed the Central Bureau of Investigation (CBI) not...
Kerala High Court Issues Directions To Enforce Ban On Certain Single-Use Plastics, Orders Strict Compliance
The Kerala High Court has issued a series of guidelines to ensure that the ban on certain single-use plastics (SUP) is properly enforced and to make sure that manufacturers, importers and persons recycling or processing plastic waste have got the necessary registration under Rule 13 of Plastic Waste Management Rules, 2016.The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu...
Candidate With 90% Hearing Impairment Erroneously Not Considered Under PwD Category: Rajasthan HC Directs Appointment On Humanitarian Grounds
The Rajasthan High Court has directed the State to grant appointment to the petitioner, who had 90% hearing impairment and had applied for the post of Safai Karamchari in 2018 but due to some software error was not considered for the draw of lots under the PwD category, resulting in his non-appointment.Justice Arun Monga opined that the petitioner's appointment might appear unfair since he...
AMU Student Booked Over Anti-CAA Protests Moves Allahabad High Court Challenging Cognizance Order
A 25-year-old student of the Aligarh Muslim University (AMU) who is facing a 2020 FIR on the allegations of raising slogans during the CAA-NRC protests and thereby disobeying public servant's order has moved the Allahabad High Court challenging the cognizance order, the chargesheet, and the entire case proceedings. The petitioner, Misbah Qaiser, a B.Arch. Student at the...
Legal Heirship Certificate Can Be Issued Based On Affidavit Of Applicant & Persons Known To Family Like Neighbours And Relatives: Madras HC
The Madras High Court has recently observed that while applying for a legal heirship certificate, if no proof is available to determine who the legal heirs are, the authorities may prepare a report based on the affidavit given by the applicant and five affidavits of persons knowing the family, like a neighbour or a relative. Justice Bharatha Chakravarthy observed that when there is...
Raising Voice Against Public Servant Does Not Amount To Offence U/S 353 Of IPC: Karnataka High Court
The Karnataka High Court has quashed a criminal case registered against a home guard who was charged for raising his voice demanding certain documents from the hands of the complainant, a police constable. Justice M Nagaprasanna allowed the petition filed by Ramesh Karoshi, who was charged for offences punishable under section 353, 506 of the Indian Penal Code. It was alleged that the...
CSR Funds Scam: Founder Of National NGO's Confederation Anand Kumar Moves Bail Application Before Kerala High Court
K.N. Anand Kumar, the founder and Managing Trustee of National NGO's Confederation who is presently in judicial custody in the CSR Scam case has approached the Kerala High Court seeking bail. The allegation is that Anand Kumar persuaded various voluntary organizations and local representatives to secure funds by claiming that they were procuring two-wheelers, laptops, sewing machines at...
Adolescent Inter-Faith Relationship: Orissa HC Quashes POCSO Case Against Muslim Man After He Marries Victim, Says Romantic Relationship Not Coercion
The Orissa High Court has recently quashed charges, inter alia, under the stringent Protection of Children from Sexual Offences Act ('POCSO Act') against a Muslim man, accused of kidnapping a minor Hindu girl and having repeated sexual intercourse with her, as he later married the victim girl and started a happy matrimonial life.Taking into account the interest of the parties vis-Ã -vis...