State Should Not Act Like Private Party In Litigation With Citizens; Must Take Balanced, Welfare Oriented Approach: Punjab & Haryana HC

The Punjab and Haryana High Court has said that in discharging its role as a litigant, the State must adopt a balanced and judicious approach, resisting the temptation to oppose the claims of citizens indiscriminately.Chief Justice Sheel Nagu and Justice Sumeet Goel said, “The State must exercise due diligence in distinguishing between a baseless and a legitimate claim. While it is justified...

Surprising That Probe In NDPS Cases Is Being Entrusted To Incompetent Officers, Casual Approach Undermines Public Faith In Criminal Justice: J&K HC

While upholding the acquittal order passed by the trial court for possessing contraband in commercial quantity, the Jammu, Kashmir & Ladakh High Court observed that the Non-compliance with mandatory provisions, such as proper sampling, immediate reporting and informing the accused of arrest grounds, renders the prosecution's case defective.A bench of Justices Sanjeev Kumar, Mohd Yousuf...

Delhi High Court's Administrative Side To Consider Amending Or Framing Rules To Expedite Proceedings Before Family Courts

The Delhi High Court's administrative side is set to consider framing appropriate rules or amending the existing rules to streamline the procedure to expedite proceedings before the Family Courts in the national capital. The development ensued after a division bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela passed an order while while disposing of a PIL on...

NIA Opposes MP Engineer Rashid's Plea In Delhi High Court Seeking Interim Bail In UAPA Case

The National Investigation Agency (NIA) on Tuesday opposed before the Delhi High Court the plea filed by Jammu and Kashmir MP Rashid Engineer seeking interim bail in a terror funding case registered under UAPA.Rashid has sought interim bail in order to attend the Parliamentary budget session which commenced on January 31. The session concludes on April 04. In the alternative, he has...

Date Of Assessment Order Recommending Penalty For Accepting Cash Above ₹2 Lakh Not Relevant For Determining Limitation U/S 275 Of Income Tax Act: Delhi HC

The Delhi High Court has held that the date of the assessment order, wherein an Assessing Officer recommended separate penalty proceedings against the assessee under Section 271DA of the Income Tax Act, 1961 for accepting more than ₹2 lakh in cash, is not relevant for determining the limitation period under Section 275(1)(c).Section 275(1)(c) prescribes the period of limitation within...

Kerala High Court Orders Demolition, Reconstruction Of Housing Towers Built For Personnel In Armed Forces Citing Structural Issues

The Kerala High Court has ordered the Army Welfare Housing Organisation (AWHO) for the demolition and reconstruction of Chander Kunj Army Towers (Towers B and C).AWHO, a society focused on providing affordable housing to serving and retired Army personnel, as well as widows of Army members, developed the SSI (Silver Sand Island) project, also called Chander Kunj Army Towers. The project...

Reflects State Officials' Adamancy To Not Let Go Of Administrative Superiority: Rajasthan HC Stays Transfer Of 1000 Panchayat Officers

While staying the transfer of over 1000 officials–where the elected Panchayat bodies were denied the opportunity to exercise their powers under law, the Jodhpur bench of the Rajasthan High Court said that it reflected the State officials' adamancy to not let go of their administrative superiority.Justice Arun Monga held that such an order reflected that the guidelines as well as the...

Insurer Cannot Deny Liability Without Proving Contributory Negligence, Delay In Filing FIR No GroundsTo Reject Claim: Jharkhand HC

The Jharkhand High Court in a recent judgement had dismissed an appeal filed by an insurance company while reaffirming that in a motor accident compensation claim case, the onus lies upon the insurance company to prove contributory negligenceJustice Sanjay Kumar Dwivedi, presiding over the case, emphasized, “So far as the contributory negligence is concerned, no evidence was led and further...

'Celebrating Birthdays In Middle Of Road Has Become A Fashion': Chhattisgarh HC Takes Suo Moto Cognizance Of Raipur Incident

The Chhattisgarh High Court has taken suo moto cognizance of a news report published in Hindi daily Dainik Bhaskar concerning an incident from Raipur, a video of which has also gone viral on social media. The incident involved a birthday celebration where a car was parked in the middle of the road near Raipura Chowk in Raipur. According to the news report, fireworks were set off after...

Victim's Solitary Evidence In Sexual Offences Not Sufficient For Conviction If Marred With Inconsistencies: Jammu & Kashmir High Court

While setting aside the conviction order passed by the trial court in a rape and abduction case, the Jammu and Kashmir & Ladakh High Court observed that the fact that Prosecutrix was aware of the place where she was kept after abduction and raped but never identified that place during the investigation assumes significance as material contradiction. In view of such contradiction,...

P&H HC Imposes ₹25K Cost On 'Contemptous Plea' Against Judicial Officers, Says Court's Dignity Isn't So Brittle To Be Shattered By Stones Thrown By 'Mad Man'

The Punjab & Haryana High Court has imposed a cost of Rs. 25,000 on a litigant who filed a "contemptuous" plea seeking the filing of an FIR against judicial officers and lawyers allegedly for grabbing a public property.The petitioner, who claimed to be a lawyer, was appearing in person and alleged that four judicial officers misused their office to grab public property.Justice N.S....

'Unfortunate & Shameless Incident In Devbhoomi': High Court Takes Suo Moto Note Of Roorkee Clash Between MLA & BJP Leader

Last week, the Uttarakhand High Court took suo moto cognizance of the 26th January Roorkee clash between independent MLA (from Khanpur) Umesh Kumar and BJP Leader and ex-MLA Kunwar Pranav Singh Champion. Terming the incident as unfortunate, shameless, and shocking, a bench of Justice Rakesh Thapliyal directed the District Magistrate and the SSPare to file their separate affidavits...