Writ Of Mandamus Can Be Issued In Contractual Matters Only When Outstanding Payments Are Admitted, Not Otherwise: Allahabad HC

The Allahabad High Court has held that writ jurisdiction cannot be invoked to enter contractual unless exceptional circumstances are present, which include respondents agreeing to the outstanding dues. It held that a writ of mandamus can be issued in such cases. In brief, the Petitioner won the contract to construct a residence under the Basic Services to the Urban Poor Yojana at...

NDPS Act | Quantity Of Both Offending Drug & Neutral Substance Must Be Considered To Determine 'Small Or Commercial' Quantity: Chhattisgarh HC

The Chhattisgarh High Court has observed that while considering the mixture of narcotic drugs or psychotropic substances to determine whether it would constitute a 'small quantity or commercial quantity', not only the quantity of the 'offending drug' but the quantity of 'neutral substance' mixed should also be taken into consideration. A bench of Chief Justice Ramesh Sinha and...

Delhi High Court Rejects Plea For Allotment Of Permanent Election Symbol To Rashtriya Bahujan Congress Party

The Delhi High Court on Friday rejected a plea seeking allotment of permanent election symbol of sewing machine to Rashtriya Bahujan Congress Party which should not be allotted to any other person or political party. A division bench comprising of Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela refused to entertain an appeal filed by Dr. SR Saran- President of the...

Mechanically Implicating Doctor U/S 21 POCSO Act For Not Reporting Crime Against Minor 'Absolute Injustice', Causes Mental Trauma: Kerala HC

The Kerala High Court has asked the investigating officers to be extra cautious while implicating doctors as accused for failing to report commission of crime against minor under Section 19 read with read with Section 21 of the POCSO Act. The Court further stated that arraying doctors mechanically in criminal proceedings as accused is absolute injustice and causes mental trauma to doctors...

Purpose Of S.82 CrPC Is To Secure Accused's Presence, Once Achieved Property Attachment Proceedings Must Be Dropped: Rajasthan HC Reiterates

The Jaipur bench of the Rajasthan High Court has reiterated that the purpose of initiating proceedings under Section 82 CrPC is to secure the presence of the accused who is stated to be absconding, and once that purpose was achieved the proceedings are to be withdrawn.The court was hearing a petition challenging the order of Additional Chief Judicial Magistrate (ACJM) who had directed...

Magistrate/Sessions Court Has No Jurisdiction To Grant Bail To Accused If HC Issues NBW In Appeals Against Acquittal Or Conviction: Allahabad HC [FB]

A full bench of the Allahabad High Court has held that where the High Court has consciously issued a non-bailable warrant for the arrest of an accused, against whose acquittal/conviction an appeal has been moved, the Magistrate or the Sessions Judge, as the case may be, would have no jurisdiction to release such person on bail. A bench of Justices Sangeeta Chandra, Pankaj Bhatia,...

Madhya Pradesh HC Issues Notice On Plea By Foreign Graduates Against Increase Of Internship Period From 2 Yrs To 3 Yrs Retrospectively

The Madhya Pradesh High Court has issued notice to the state government and Madhya Pradesh medical council on a petition by foreign medical graduate students challenging the increase of the term of their internship by the State Medical Council from two to three years retrospectively. A division bench of Justice Sushrut Arvind Dharmadhikari and Justice Anuradha Shukla in its order...

Bombay HC Issues Suo Motu Contempt Against Flat Owners For Illegal Constructions, Reprimands BMC For Failure To Take Necessary Actions

The Bombay High Court recently initiated suo moto contempt against two flat owners, who demolished the walls of their flat along with a flat owned by another person resulting in structural alterations, without necessary permission from the BMC.A division bench of Justice Kamal Khata and Justice A.S. Gadkari observed that despite action initiated by the petitioner-society and order of the...

Youth Attracted To Live-In Relations Which Lack Social Sanction, High Time That We Save Moral Values In Society: Allahabad HC

The Allahabad High Court recently observed that live-in relationships have no social sanction. Still, the youth are attracted to such relations, and it is high time that we found some framework and solution to save moral values in society. A bench of Justice Nalin Kumar Srivastava added that we live in a changing society, where moral values and the normal conduct of the young generation...

Lands Allotted For Industrial Purpose Should Not Be Cancelled By Adopting Hyper-Technical Approach: Kerala High Court

Recently, the Kerala High Court observed that the lands allotted by the State Government in the industrial area are to promote industrial growth and a hyper-technical approach should not be adopted to cancel the allotment. The Court was referring to the Kerala Allotment of Government Land in Development Areas on Hire Purchase For Industrial Purpose Rules, 1969.The Bench of Chief Justice...

Releasing Documents To Media Before Court's Consideration Not Acceptable: Delhi High Court In Criminal Contempt Case

While dealing with a criminal contempt case, the Delhi High Court has observed that releasing documents and pleadings to media even before the Courts have considered them is not acceptable. “The habit of releasing pleadings and documents to the media even before Courts have had the opportunity to consider the same is also not acceptable as it tends to prejudice the parties and...

Proceedings Initiated Against Income Tax Assessee After His Death Cannot Be Continued Against Legal Representative: Karnataka HC

The Karnataka High Court has said proceedings initiated against an Income Tax Assessee by issuing notice after his demise cannot be continued against his/her legal representative.A division bench of Justice Krishna S Dixit and Justice G Basavaraja said, “Had the proceedings been initiated against the Assessee during his lifetime, they could have continued against the legal representatives...