High Courts
Bombay High Court Permits Man Convicted Of Electricity Theft To Travel For Haj Pilgrimage
The Bombay High Court recently permitted a man convicted for 'electricity theft' to go on Haj Pilgrimage along with his family after noting that his appeal challenging his conviction will not be taken up in the near future. Justice Abhay Waghwase permitted forty-three-year-old Rahim Khan Sandu Khan, who was convicted by a sessions court in October 2016 under section 135 of the Indian...
Bombay High Court Asks DGP To Consider Man's Complaint About Cop & Women Lawyers Running 'False Rape Cases' Racket
Observing that even genuine cases of rape get affected because of 'false rape cases', the Bombay High Court on Wednesday ordered the Director General of Police (DGP), Maharashtra to consider the representation of a Navi Mumbai-based man, who has sought an enquiry against a police officer, who has been 'instrumental' in lodging false rape cases against 'innocent men' at the behest of...
Magistrate Cannot Switch Back To Pre-Cognizance Stage U/S 156 CrPC After Initiating Complaint Inquiry U/S 200 CrPC: J&K High Court
The Jammu and Kashmir High Court has held that once the magistrate records the preliminary statement of the complainant and proceeds to direct an inquiry to ascertain the truth of the matter, it is not open to the magistrate to direct the police to register an FIR.Justice Sanjay Dhar observed that once the magistrate opts for the complaint case procedure by taking the preliminary statement of...
NI Act | Single Complaint For Dishonour Of More Than Three Cheques Maintainable If Covered By Consolidated Demand Notice: J&K High Court
Clarifying the legal position under the Negotiable Instruments Act, 1881, the High Court of Jammu and Kashmir and Ladakh has held that mere issuance or dishonour of a cheque does not give rise to a cause of action under Section 138 of the Act.While dismissing a petition challenging a complaint under the NI Act Justice Sanjay Dhar observed that a single complaint for multiple dishonoured...
Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court
The Delhi High Court bench of Justice Manoj Kumar Ohri has reiterated that the scope of inquiry under Section 11 of the Arbitration and Conciliation Act, 1996, is limited to examining the prima facie existence of the arbitration agreement. It was further observed that if either party contests a prior settlement agreement, then such allegations cannot be looked into by the Court under...
In Absence Of Rules Regulating Transfer Of Govt Employees, Orders Issued Under Article 162 Will Have Statutory Force: Andhra Pradesh HC
The Andhra Pradesh High Court has confirmed that in the absence of any Rules governing the transfer of Employees, an executive order/ Government order issued under Article 162 of the Indian Constitution, which lays down guidelines relating to transfer, shall have statutory force.“The administrative authority while exercising jurisdiction and effect transfers in pursuance of G.O.Ms.No.75...
Shahabas Murder Case: Kerala High Court Seeks Govt's Response On Father's Plea To Prevent Accused Children From Writing Class 10 Exam
The Kerala High Court on Monday (10th March) gave further time to the State government to file its response to the petition filed by father of Shahabas, a class 10 student who was allegedly attacked by his tuition fellows in Kozhikkode, leading to his death.Shahabas' father Muhammed Iqbal seeks to prevent the accused children from writing the 10th SSLC examination, scheduled between March 03...
Pleadings In Civil Suit Not Document/Instrument, Cannot Be Registered By Authorities Or Entered In Encumbrance Certificate: Madras HC
The Madras High Court has clarified that pleadings in a civil suit is not a document or instrument to be registered under the Registration Act or the Stamp Act. The court added that authorities cannot entertain the pleadings or make entries regarding the same in the encumbrance certificate. Justice Anand Venkatesh made the observations noting that previously, the courts have ruled...
Gauhati High Court Directs Registry To Seek Report From Concerned Courts Regarding Delay In Progress Of Pending Cases Against MPs/MLAs
The Gauhati High Court on Tuesday (March 11) asked for specific reports from the concerned Courts indicating the reason as to why, the pending cases involving Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) could not progress further.The division bench comprising Justice Suman Shyam and Justice Arun Dev Choudhury was hearing a suo moto writ petition regarding status...
Delhi High Court Orders Take Down Of YouTuber Shyam Meera Singh's 'Defamatory' Video On Sadhguru, Isha Foundation
The Delhi High Court on Wednesday directed the take down of YouTuber Shyam Meera Singh's recent, allegedly defamatory YouTube video on Isha Foundation and its founder spiritual leader Sadhguru Jaggi Vasudev.The video titled “Sadhguru EXPOSED: What's happening in Jaggi Vasudev's Ashram” was uploaded by Singh on his YouTube channel on February 24 and he shared it on his 'X' page...
Limitation Rules Not Superfluous, Save System From Anarchy: J&K High Court Dismisses Plea Challenging 39-Yr-Old Mutation Order
The Jammu and Kashmir and Ladakh High Court has dismissed a writ petition challenging a mutation order passed 39 years ago reiterating that an unending period for initiating legal remedies could lead to uncertainty and anarchy, upholding the principle that every legal remedy must have a fixed lifespan.“The Rules of Limitation are not superfluous or vestigial but are to be interpreted in...
Karnataka High Court Stays FIR Against Youtuber Sameer MD In Case Accusing Him Of Hurting Religious Sentiments.
The Karnataka High Court on Tuesday, by way of an interim order, stayed till March 19, further proceedings in a criminal case registred against YouTuber Sameer MD, accused of hurting religious sentiments by airing in a video in which he discussed a 2012 rape and murder case.Justice Hemant Chandangoudar passed the order while hearing the petition filed by the YouTuber seeking to quash the...