Karnataka High Court Upholds BDA's Land Acquisition Notifications For Construction Of Peripheral Ring Road Between Hosur And Tumakur

The Karnataka High Court has upheld the notifications issued by the Bangalore Development Authority to acquire land for construction of Peripheral Ring Road-II, between Hosur-Mysore Road and Tumakur Road.Single judge Justice E S Indiresh upheld the Preliminary as well as the Final Notifications issued in 2005 and 2011 respectively, under Section 24 of the Right to Fair Compensation...

Judicial Restraint Paramount For Cognizance In Medico-Legal Cases: Rajasthan HC Exonerates Doctors Charged Of Forging Pathological Report

The Jodhpur bench of the Rajasthan High Court has underscored that in cases concerning doctors/hospital administration involving allegations of forging pathological reports, meticulous judicial scrutiny was required before taking cognizance, especially when the doctor had not refuted the authenticity of the signatures.Justice Farjand Ali opined that the risk of invoking presumptions under...

S.21 POCSO Act | Doctor Not Responsible To 'Verify' Age Of Victim Or 'Ascertain' If Offence Has Been Committed: Madras High Court

The Madras High Court has recently observed that a Doctor does not have a responsibility to 'verify' or 'ascertain' the age of a victim brought in for abortion, for the purposes of reporting crime under POCSO Act.Section 19 of the POCSO Act put a legal obligation on a person to inform the relevant authorities when he/she has knowledge that an offence under the Act had been committed. Section...

Pensionary Benefits For Contractual Period Before Regularization Must Include Annual Increments : Himachal Pradesh High Court

A single judge bench of the Himachal Pradesh High Court comprising of Justice Jyotsna Rewal Dua, held that the direction to count the contractual service for pension requires the inclusion of annual increments for the relevant period in the pension calculation. Background Facts The petitioner was working as a Trained Graduate Teacher (TGT) on the contractual basis. Later his...

Bombay High Court Frowns Upon Cop Sending Facebook Friend Request To Complainant Woman, Orders Enquiry Against Him

The Bombay High Court on Monday (January 6) ordered enquiry against a Police Sub-Inspector (PSI), who sent a friend request to a complainant woman on social media platform - FaceBook (FB).A division bench of Justices Revati Mohite-Dere and Dr Neela Gokhale questioned the motive of the PSI in sending a friend request to the complainant woman on FB."How can you send a friend request to a woman...

'Glaring Malpractice': Madhya Pradesh HC Pulls Up Secondary Education Board For Incorrect Evaluation Of Student's Answer Copy, Fines ₹25,000

The Jabalpur Bench of Madhya Pradesh High Court recently pulled up MP Board of Secondary Education for "glaring malpractice" in the evaluation of a Class 12 student's examination copy and directed the Board to pay cost of Rs. 25000 to the student for the irresponsible treatment meted out to him. Justice Vivek Jain observed, “The Board which deals with adolescent students cannot...

Bombay High Court Slams Parents For Seeking Termination Of Their "Mentally Unstable" Adopted Daughter's 20-Week Pregnancy

The Bombay High Court on Friday (January 3) pulled up a sexagenarian couple, who moved the court seeking permission for aborting the 20-week pregnancy of their adopted daughter, whom they claimed is "mentally unstable."A division bench of Justice Ravindra Ghuge and Justice Rajesh Patil was irked to note that the senior citizen couple, who adopted the girl in 1998, allowed the girl to be away...

Accused Having Ties With Ruling Political Party Not Ground To Transfer Probe From State Agency To CBI: Kerala HC In ADM Naveen Babu's Case

While refusing to order CBI probe into former Kannur ADM Naveen Babu's death, the Kerala High Court today observed that accused merely having ties with the ruling political dispensation is not ground to transfer investigation from the hands of the State investigation agency.PP Divya, a member of Communist Party of India (Marxist) which has currently formed government in Kerala is accused...

Failure To Comply With Condition Not Specified In Recruitment Rules Or Advertisement, Can't Justify Rejection Of Candidate's Appointment: Chhattisgarh HC

A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey held that failure to comply with a condition which was not stipulated in the recruitment rules or advertisement, cannot serve as a valid ground for rejecting a candidate's appointment. Background Facts The Directorate Of Employment And Traning Department, Raipur issued an advertisement...

Customs Dept Should Serve Notices By Email In Addition To Post, Will Prevent Delay And Non-Appearances: Delhi High Court

The Delhi High Court recently called upon the Customs Department to make use of Section 153(c) of the Customs Act, 1962 which empowers it to serve notices through email. A division bench of Justices Prathiba M. Singh and Amit Sharma said such an approach will prevent delay and non-appearances, leading to expeditious disposal of matters. “In the opinion of this Court, the...

Case Transferred To POCSO Court After 8-Yrs Trial: Gujarat HC Says Police, Prosecution & Trial Court Prima Facie Failed In Discharging Duty

The Gujarat High Court recently lamented the failure on part of the Police, the prosecution and the trial court in an assault case, which came to be transferred to a POCSO Court, eight years after commencement of trial.In his December 24 order, Justice Sandeep Bhatt observed that the victim had "categorically" deposed in her testimony in 2018 that at the time of incident, she was 15 years...

Courts Can Permit Advocates To Conduct Cross-Examination Of Witnesses Present In Court Via Video Conferencing: Kerala High Court

While considering whether cross-examination of witnesses present in court can be done from a remote point, the Kerala High Court said that the courts can allow advocates to conduct cross-examination through video conferencing mode.Justice V. G. Arun said that courts need not deny such request just because it is not expressly allowed in Electronic Video Linkage Rules for Courts (Kerala), 2021....