In NDPS Cases Where Sentence Is Of 10 Yrs Accused Should Generally Not Be Released On Bail: Punjab & Haryana High Court

The Punjab and Haryana High Court has said that in cases involving offences under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), where sentence is of ten years, the accused should generally be not released on bail.Justice Manisha Batra said,"It has been seen that the denial of bail has prevented the accused from fleeing from the criminal justice and protected the society...

Installing CCTV Cameras Inside Residential Portion Of House Without Consent Of Co-Occupants Violates Right To Privacy: Calcutta High Court

The Calcutta High Court has held that installing CCTV cameras inside the residential portion of a dwelling house without the consent of the co-occupants or co-trustees amounts to a violation of their right to privacy.A division bench of Justices Sabyasachi Bhattacharya and Uday Kumar held: In Justice K.S. Puttaswamy (Retd.) and Anr. vs Union of India, AIR 2017 SC 4161, the Supreme Court has...

Magistrate Can't Direct Superior Officer Like DCP To Register FIR Under Section 156(3) Of CrPC: Delhi High Court

The Delhi High Court has ruled that a magistrate has no power to direct a superior officer such as a DCP to register an FIR under Section 156(3) of Code of Criminal Procedure.Justice Chandra Dhari Singh observed that as per the statutory mandate, the Magistrate is only empowered to direct the in-charge officer of the police station to conduct investigation and not any officer of a superior...

Limitation Act Doesn't Apply To Appeals Preferred Before Collector Under Section 70 Of Chit Funds Act: Andhra Pradesh High Court

Andhra Pradesh High Court has clarified that the Limitation Act does not apply to Section 70 of the Chit Funds Act, 1982 which stipulates that an appeal against the order passed by the Deputy Registrar of Chits should be filed with 2 months. The Court concluded the above on the basis of a two prong reasoning. Firstly, the court noted, that other sections of the Chits Funds Act,...

Woman Migrating From Haryana To Rajasthan Post Marriage Doesn't Disentitle Her To Seek Benefit Of EWS Scheme: High Court

In relation to eligibility of an EWS certificate issued by the government of Haryana to a woman who got married in Rajasthan, the Rajasthan High Court ruled that change of location from Haryana to Rajasthan did not render the petitioner ineligible to seek benefit of the certificate issued by the competent authority.The Court was hearing a petition filed by a woman who had moved from Haryana...

Kerala High Court Rehears Appeal Moved By Deceased ADM Naveen Babu's Wife Seeking CBI Probe After Change Of Counsel

The Kerala High Court on Tuesday (February 11) reheard the writ appeal moved by deceased ADM Naveen Babu's wife against the refusal to order a CBI probe into her husband's death.ADM Naveen Babu was found hanging in his official quarters on October 15, 2024. PP Divya, a member of the Communist Party of India (Marxist) which has currently formed the government in Kerala is accused of...

Court Can Allow Substitution Petition Even Without Explicit Plea For Setting Aside Abatement If Application Justifies Relief: Jharkhand HC

Recently, the Jharkhand High Court has held that abatement by necessary implication can allow a substitution petition even without a specific plea to set aside, provided the entire application makes out a case for such relief.Justice Sanjay Kumar Dwivedi, presiding over the case, observed, “In a case where the relief of setting aside of abatement has not been specifically claimed, the court...

2019 Amendment To Motor Vehicles Act Doesn't Affect Insurer's Liability To Pay Claimants Or Its Right To Recover Amount From Owner: Allahabad HC

The Allahabad High Court has held that the Motor Vehicles (Amendment) Act, 2019 does not take away the liability of the insurer to pay the compensation as awarded and later recover the same from the owner. It held that the principle of “Pay and Recover” is still applicable in the Amended Act to ensure the protection of third-party rights.Justice Kshitij Shailendra held,“The...

Panchayati Raj Department Can Accord Post-Facto Consent For Transfers But Employees With Extenuating Situations Must Be Heard: Rajasthan HC

While hearing a bunch of petitions challenging transfers of the Panchayati Raj Department, Rajasthan High Court ruled that the requirement of taking consent from the Panchayati Raj Department for such transfers as envisaged under the Rule 8(iii) of the Rajasthan Panchayati Raj (Transferred Activities) Rules, 2011 (“the Rules”) was not necessarily pre-facto and was fulfilled even if...

Writ Petitions Being Filed Against Execution Orders Passed Under Maharashtra Co-Operative Societies Act, Generating Litigation: Bombay HC

In relation to the Maharashtra Co-operative Societies Act, 1960, the Bombay High Court on Monday (February 10) orally remarked that the Act seems to be generating litigation before the court and that it would interact with the Advocate General on the issue.“We are going to interact with Advocate General on this...writ petitions are being filed for execution of order passed by Deputy...

Contempt Plea Not Means To Arm Twist Or Harass: Allahabad High Court Imposes ₹50K Cost

Recently, the Allahabad High Court imposed a cost of Rs. 50,000 on a contempt applicant alleging that the Gaon Sabha had not removed encroachments as per the directions of the Writ Court.Applicant pleaded that the Lekhpal in his report had stated that the plots in question were drainage, however, had been wrongly recorded and accordingly, he recommended correction of the records. Based on...

Maha Kumbh Stampede | PIL In Allahabad HC Seeks Action Against Erring Officials, Status Report & Release Of Human Casualty Figures

A Public Interest Litigation (PIL) plea has been moved in the Allahabad High Court seeking legal action against the officials and authorities responsible for the tragic stampede that occurred at the Maha Kumbh in Prayagraj on January 29, 2025. The petition, filed by Advocate Vishal Tiwari, also prays for a direction to the State of Uttar Pradesh (Respondent No. 2) to submit...