Child In Conflict With Law Being Treated As Adult Can't Be Tried Jointly With Adult Offender: Delhi High Court

The Delhi High Court has ruled that the trial proceedings of a child alleged to be in conflict with law and an adult offender cannot be held jointly after a preliminary assessment of Juvenile Justice Board (JJB) is done declaring the child in conflict with law to be psychologically and physically mature.“Therefore, in the opinion of this Court, as per plain reading of Section 23 of JJ Act,...

[NDPS Act] Bar On Bail U/S 37 Can Be Relaxed When Contraband 'Marginally' Above Commercial Quantity: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that the bar on granting bail in case of commercial quantity under Section 37 of the NDPS Act can be relaxed when the alleged recovered contraband is "marginally above" the commercial quantity.Section 37 of the NDPS Act states that bail should not be granted to an accused unless the accused is able to satisfy twin conditions i.e. reasonable ground...

Delhi High Court Rebukes DDA For Improper, Excess Demarcation Of Land For Hospital; Says Can't Demand Ground Rent On Ambiguous Boundaries

The Delhi High Court has reprimanded the Delhi Development Authority (DDA) for failing to properly demarcate a plot of land for constructing a hospital, leading to allotment of excess land to the lessee, non-execution of the lease deed and the demand for ground rent from the lessee before proper demarcation of the land. Justice Manoj Jain remarked “The failure on the part of DDA to...

Delhi High Court Expresses Concern Over Delay In Disposal Of Matters Before National Faceless Appeal Centre

The Delhi High Court has expressed grave concern over the pendency of over 5.4 Lakh appeals before the National Faceless Appeal Centre (NFAC).The body was created for faceless assessment under Section 143 or 144 of the Income Tax Act, 1961, by the insertion of Section 144B via the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020.A division bench of Chief...

Advocate General's Order Declining Sanction To Initiate Criminal Contempt Not Subject To Challenge In Court: Kerala High Court

The Kerala High Court held that refusal of sanction by the Advocate General for initiating criminal contempt proceedings under Section 15(1) of the Contempt of Courts Act of 1971 is not justiciable.Justice C.S. Dias passed the above order by relying upon the Apex Court decision in Joseph Kuzhijalil v Joseph Pulikunnel (1995). “In the light of the emphatic proclamation of the law in...

Dasna Incident Result Of Narsinghanand's Speech; Can't Argue Saif Was Attacked Due To Kumar Vishwas' 'Taimur Remark': Zubair To Allahabad HC

Today, the Allahabad High Court RESERVED its Judgment on the plea moved by Alt News co-founder Mohammed Zubair challenging an FIR against him over alleged 'X' Post (formerly Twitter) on Yati Narsinghanand's 'derogatory' speech. The court has also extended the stay on the arrest till the delivery of the Judgment. Before the Court, Senior Counsel Dileep Gupta, representing Zubair,...

Punjab & Haryana HC Directs Union To 'Most Sympathetically' Consider Plea Of Pakistan-Born Minor Staying With Divorced Indian Mother

The Punjab & Haryana High Court has directed the Union Government to decide representation for the extension of stay of a 5-year-old Pakistan-born girl who is currently staying with her mother in India. The mother got married to a Pakistani citizen in 2019 but later got divorced and returned to India.The minor girl was born in Pakistan and is, therefore, a Pakistani citizen. The girl's...

Insurance Company Liable To Pay Compensation Even If Driver Was Intoxicated At Time Of Accident: Madras High Court

The Madras High Court has recently observed that the Insurance company would be liable to pay compensation to the family of the deceased even if the driver of the vehicle that was involved in the accident was under the influence of alcohol at the time. Justice M Dhandapani followed a decision of the Kerala High Court in Muhammed Rashid @ Rashid vs. Girivasan E.K and held that even if...

Administrative Delay, Acts of Court Shouldn't Come In Way: Madras HC Directs State To Promote Eligible Professors As Dean In Govt Medical Colleges

The Madras High Court has directed the State government to appoint professors specialising in Obstetrics and Gynaecology, General Surgery and Orthopaedics, to the post of Dean in Government Medical Colleges, whose promotion was delayed due to an oral order of the court and imposition of Model Code of Conduct (MCC) in light of the 2019 general elections. Justice Anand Venkatesh in his...

Right To Life Includes Living Without Mental Trauma: J&K High Court Allows Termination Of 28-Week Pregnancy Of Minor Sexual Assault Victim

The Jammu and Kashmir High Court has allowed the termination of the 28–29-week fetus of a sexual assault victim through the applicable medical intervention. The court recognized the severe mental trauma suffered by the victim and her inability to comprehend or cope with childbirth.The court observed that the right to life guarantees a life free from mental trauma. The court stated that it...

Delhi High Court Issues Directions For Compliance Of Higher Courts' Orders To Conclude Trials Expeditiously

The Delhi High Court has issued directions to the trial courts in the national capital for compliance of higher courts' orders to conclude pending trials expeditiously in a time bound manner.Justice Swarana Kanta Sharma said that where any direction is passed to the trial court by a higher court for expeditious conclusion of trial but the concerned judge is on long leave or where the Court...

Employee Can't Be Denied Back Wages On Reinstatement When Rules Don't Provide 'No Pay' Punishment For Time Spent Out Of Service: Telangana HC

Reiterating that a punishment which is not provided in rules can't be imposed, the Telangana High Court set aside punishment of 'dies-non and no salary/ remuneration' resulting in non payment of back wages imposed on a physically handicapped co-operative bank employee for the period of time he was out of service. The court said this after noting that the relevant rules didn't provide for such...