High Courts
Madras High Court Stays Single Judge Order Directing Enquiry Against Customs Officers For Seizing 'Thalikodi' Of Newly Married Woman
A division bench of the Madras High Court has stayed a single judge order directing inquiry against Customs officers who forcefully removed the thali of a newly married woman on suspicion of smuggling gold. The division bench of Justice SS Sundar and Justice C Saravanan stayed the order of Justice Krishnan Ramasamy on an appeal filed by the Principal Commissioner of Customs,...
"Didn't Have Conscious Possession": Calcutta High Court Grants Bail To Delivery Boys Booked Under NDPS Act For Transporting Illicit Goods
A Division Bench of Calcutta High Court has granted bail to three accused persons who were delivery boys of Delhivery Ltd, accused of offences under the NDPS Act,1985.The division bench of Justices Tapabrata Chakraborty and Prasenjit Biswas held that the accused persons were employed as delivery boys by Delhivery and were doing their regular course of duty by picking up the shipments...
Settlement Cannot Justify Quashing Serious Crimes Like Murder, Rape, Or Corruption; No Legal Sanction For Such Compromises: J&K High Court
The Jammu and Kashmir and Ladakh High Court has held that quashing criminal proceedings on the ground of a settlement between an offender and the victim is not the same as compounding an offence.A bench of Justice Vinod Chatterji Koul emphasized that serious crimes such as murder, rape, dacoity, and offences of moral turpitude under special statutes cannot be quashed merely because the...
J&K HC Upholds Compensation For Man Disabled Due To Tear Gas Fired By Police, Says Criminal Justice Would Look 'Hollow' If Victim Not Compensated
The Jammu and Kashmir High Court has held that permanent disability of the citizen due to state action violates their fundamental rights and has to be fully compensated by the State. The court also held that when the service of notice is made at the correct address, the addressee is deemed to have knowledge of the said notice. The court, therefore, presumed the notice on the part...
Availing Employee's Services Without Pay Violates Fundamental Right Against 'Begar': Rajasthan HC Slams State Over Unpaid Dues Since 2016
Rajasthan High Court has ruled that depriving any employee of their salary without any justification amounted to violation under Articles 21, 23 and 300-A of the Constitution of India. The bench of Justice Anoop Kumar Dhand was hearing a petition filed by a public employee who was not paid his salary since 2016, for almost 97 months now without any justification, despite providing...
Special Receiver Is 'Agent' Of Court, Must Be Given Immediate Assistance By Police For Executing Court Orders: Bombay HC
In relation to an IPR suit, the Bombay High Court flagged the issue of police officers failing to provide assistance to additional special receivers (who report to court receivers), observing that they are agents of the court who execute ex-parte ad interim orders and so must be given effective immediate assistance by the police machinery. Highlighting the need to provide police assistance...
NEET-PG: Rajasthan High Court Issues Notice To Admission Board Chairman On Plea Over Round-3 Counselling
While hearing a writ petition challenging the Round 3 of Counselling of NEET PG- 2024, the bench of Justice Sameer Jain at the Rajasthan High Court issued notices to the Director, (Public Health), Medical and Health Service, Rajasthan and the Chairman, NEET PG Admission/Counselling Board. The petition has been filed by the candidates of the NEET PG 2024 who had participated in...
Oral Examination To Explain Interrogatories Shall Be Done Only In Extraordinary Situations: Kerala High Court
The Kerala High Court held that courts should order oral examination (viva voice examination) only in exceptional cases for the purpose of getting further information if a person has not answered or answered insufficiently a question in the interrogatory.Under Order XI Rule 11 of CPC, if a person interrogated omits to answer or answers insufficiently, the Court on an application by...
Reference To IPC Provisions In Definition Of 'Rowdy' Under Anti-Social Activities Law Is A Reference To Relevant BNS Provisions: Kerala HC
While examining the definition of 'rowdy' under the Kerala Anti-Social Activities Prevention Act (KAAPA), the Kerala High Court observed that the reference to the repealed IPC provisions in the definition, has to be construed as a reference to relevant provision in the BNS. It held that when such reference is to a chapter of IPC, the corresponding chapter of BNS shall be referred to and it...
Contract Which Is Renewable Based On 'Criteria Of Performance' Is Deemed Renewed Unilaterally After Criteria Is Met, Cannot Be Terminated: J&K HC
The Jammu and Kashmir High Court held that where renewal of contract is based on the criteria of performance, the contract is deemed to have to been extended, if the said criteria is met. It also held that courts cannot interfere with the interpretation given by an Arbitrator if the same is reasonable and not opposed to logic.In this case, the Arbitrator was to determine legality of breach...
Kerala High Court Orders Mufti Police To Carry ID Cards, Authorization Order For Proper Identification
The Kerala High Court has ordered mufti police to carry their identity cards and the specific order authorizing them to discharge their duties in mufti, for proper identification by the citizens. Mufti police is a term used to refer to police who is wearing civilian dress instead of uniform, during their job.Justice P.V.Kunhikrishnan observed that in the absence of such ID and...