All High Courts
Plea In Delhi High Court Challenges One-Month Ban On Protests At Delhi University
A plea has been filed in the Delhi High Court against a notification banning protests and public meetings of any kind for a month in the Delhi University or its campuses in the national capital. Justice Jasmeet Singh heard a plea filed by Uday Bhadoriya, a student of the varsity, challenging the notification issued by the Office of Proctor on February 17 in the wake of clashes during a protest...
Delhi High Court Rejects PIL Seeking 'Reading Down' Of Preliminary Investigation Report On Air India Ahmedabad Plane Crash
The Delhi High Court on Wednesday dismissed a PIL seeking “reading down” of the preliminary investigation report on the Air India plane crash that took place in Ahmedabad on June 12 last year, claiming 270 lives. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia said that the prayer was “highly misconceived” as the doctrine of reading down is applied...
Madras High Court Upholds ₹5 Lakh Penalty On SI For Police Brutality, Notes Her "Arrogance" In Not Filing Counter Before Human Rights Body
The Madras High Court recently refused to interfere with an order passed by the State Human Rights Commission of Tamil Nadu directing as Sub Inspector of Police to pay Rs 5 Lakh as compensation for custodial torture committed by her against a woman. The bench of Justice Anita Sumanth and Justice Mummineni Sudheer Kumar also took note of the “arrogance” of the officer in not...
Fabricated Case, Co-Accused Acquitted; Not A Single Call To Link Me To Victim: Asaram Tells Rajasthan High Court In Rape Case
In an appeal arising out of the conviction of self-styled godman Asaram, the defence challenged the credibility of the prosecution witnesses, particularly the parents of the prosecutrix, contending that their testimonies were riddled with contradictions, embellishments and demonstrably false claims which strike at the root of the prosecution's case.Counsel argued that the parents were fully...
'What Is The Judicially Manageable Standard?': Delhi High Court Questions PIL Challenging Rajya Sabha Nomination Of C Sadanandan Master
The Delhi High Court on Wednesday questioned a public interest litigation filed against nomination of veteran BJP leader C Sadanandan Master to the Rajya Sabha, alleging that he lacks demonstrable special knowledge or practical experience as required in law. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia asked if there is any judicially manageable standard...
Dying Declaration Proves Assailant, Not Intention To Kill: Gujarat High Court Converts Murder Conviction To Culpable Homicide
The Gujarat High Court modified a murder conviction into culpable homicide not amounting to murder, holding that although the dying declaration established the accused's role in causing injuries, the overall circumstances reflected absence of intention to kill.Allowing the appeal partly, the Division Bench of Justice Ilesh Vora and Justice R.T. Vacchani specifically observed:“While the...
'Purpose Defeated': Kerala High Court Orders Discontinuation Of Kannur Corporation's 60 Year-Old-Siren Installed During Indo-Pak War
The Kerala High Court recently passed a judgment ordering the stoppage of Kannur Corporation's 60-year-old siren, which was installed in 1965 during the Indo-Pakistan war as a civil defence mechanism.The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. was considering a public interest litigation praying to discontinue the operation of the high-intensity siren.Allowing...
Once Non-Cognizable Report Is Registered, Police Can't Lodge FIR Based On Second Complaint Without Giving Reasons: Karnataka High Court
The Karnataka High Court quashed an FIR against a man for intimidating a woman, after noting that the FIR was registered on the basis of the second complaint and not on the basis of a Non Cognizable Report registered earlier. The petitioner had challenged an FIR for the offences punishable under IPC Sections 341(wrongful restraint), 427(mischief causing damage to property amounting to ₹50)...
Order 43 Rule 1(c) CPC | Appeal Maintainable Against Rejection Of Delay Condonation In Plea For Restoration Of Suit: Gujarat High Court
The Gujarat High Court has held that an appeal under Order 43 Rule 1(c) CPC is maintainable against an order rejecting condonation of delay in filing an application for restoring a suit which was dismissed for default, holding that such rejection effectively amounts to dismissal of the restoration application itself.The question involved petition was whether a Civil Miscellaneous Appeal...
Anna University Moves Madras High Court Against Revocation Of Ex-VC's Suspension By Governor
The Anna University, through its Registrar, has approached the Madras High Court challenging an order passed by its Chancellor (Governor) revoking the suspension of former Vice Chancellor Dr R. Velraj. Justice Dhandapani admitted the plea on Tuesday (24th February) and issued notices to the Chancellor and Velraj. The University submitted that Velraj was working as the Vice...
Litigants Can't Plead Ignorance When Judgments Are Uploaded Online: Gujarat High Court Refuses To Restore Suit Dismissed For Default
The Gujarat High Court upheld a trial court order which refused to condone delay of 14 months and 15 days to restore a civil suit which was dismissed for default, observing that litigants cannot evade responsibility by blaming their advocates claiming ignorance of court orders uploaded online in the digital era. Emphasizing the duty of litigants to remain vigilant about their own cases,...
Unregistered Nikahnama, Lack Of Marriage Photo Or Service Record Entry Can't Defeat Widow's Pension Claim: Gujarat High Court
The Gujarat High Court has held that denial of family pension on the ground that the marriage was not solemnized as it was not reflected in the employee's service records or supported by photographs is “highly improper and unjust”.In doing so the court directed the Ahmedabad Municipal Corporation to treat the petitioner as the legally wedded wife of the corporation's deceased employee...