All High Courts
Criminal Courts Of District Judiciary Cannot Recall Their Orders: Kerala High Court
The Kerala High Court has ruled that criminal courts of the district judiciary including Sessions Courts, the Magistrate Courts and even the Special Courts lack inherent powers to recall their earlier orders. As such, the Court quashed an order issued by the Special Court recalling its earlier order on its own.The petitioner was granted bail by the High Court in an NDPS case and as a...
No Double Jeopardy: Kerala High Court Refuses To Quash Rape Case Against Alleged Fraudster Monson Mavunkal
The Kerala High Court on Wednesday (October 23) refused to quash a rape case lodged against alleged fraudster Monson Mavunkal, for allegedly sexually assaulting a girl over a span of about 21 months.The infamous antique dealer has allegedly defrauded many people by selling them fake antiques. He reportedly had connection with many politicians and higher police officials in Kerala....
Karnataka High Court Declines To Quash Cheating Case Against Sculptor For Doing "Shoddy Job" Of Designing Statue For Theme Park
The Karnataka High Court has refused to quash a cheating case registered against Krishna Naik, accused of unscientifically erecting a 33-foot statue of Parashurama inside a theme park in Udupi district, which had to be brought down after a few months of erection.A single judge bench of Justice M Nagaprasanna dismissed the petition and said, “Though the petitioner was entrusted with the work...
Recovery Of Time-Bound Promotion Benefits (Kramonnati) From Work Charged Employees Illegal, Benefits Must Continue; MP HC
Madhya Pradesh High Court: A Single Judge Bench of Justice Vivek Jain upheld work charged employees' right to time-bound promotion benefits (kramonnati), quashing recovery orders issued against them. The Court held that work charged and contingency paid employees constitute a common class under service rules, entitled to identical benefits including kramonnati. Rejecting...
UAPA | Mere Allegations Of Terrorist Gang Association Without 'Specific Evidence' Insufficient To Deny Bail: Jharkhand High Court
The Jharkhand High Court has held that merely alleging membership in a terrorist gang and association with its leadership, without providing specific instances of involvement in criminal activities, would not be enough to substantiate such claims. Thus granting bail to the appellant charged under the Unlawful Activities (Prevention) Act, 1967 (UAPA), the court ruled that vague and...
HYDRAA Demolition Drive Following Due Process: State Tells Telangana High Court, No Interim Relief In PIL
The Telangana High Court on Wednesday (October 23) declined to grant interim relief in a public interest litigation (PIL) seeking to restrain the 'Hyderabad Disaster Response and Asset Protection Agency' (HYDRAA)' from demolishing any buildings without following due procedure. The high court did so after noting the State's submission that due process was being followed by the authorities....
Madras High Court Allows Student To Continue In MBBS Course After Wrongly Choosing BDS Course During Counselling
The Madras High Court recently came to the rescue of a student, who despite having been allotted the MBBS course in the first round of counselling, had wrongly chosen the BDS course. The bench of Justice R Subramaniam and Justice Sunder Mohan observed that it could not agree with the State's hyper-technical contention and give capital punishment for a genuine mistake committed...
Forest Tribunal Unlike High Court Has No 'Inherent Power' Of Review: Kerala High Court 5-Judge Bench
A five judge bench of the Kerala High Court has held that the Tribunal constituted under the Kerala Private Forests (Vesting and Assignment) Act has no inherent power of review and this authority has to be traced to the provisions permitting the review.In doing so the bench said that Tribunal's power of review under Section 8B (3) cannot be enlarged on grounds other than those mentioned...
2017 Mandsaur Firing: Madhya Pradesh HC Declines Plea To Table Inquiry Commission's Report Before Assembly Noting 6-7 Years Had Gone By
The Madhya Pradesh High Court dismissed a plea seeking tabling of the Jain Commission report on the 2017 Mandsaur farmer shooting incident before the legislative assembly, after noting that 6-7 years had lapsed since the report was submitted by the Commission to the state government. The court noted that there was no consequence provided in the Commission of Inquiry Act if the commission's...
Firecracker Ban: Delhi High Court Directs Licensed Dealers To "Strictly Refrain" From Making Sales Until January 01
The Delhi High Court has recently directed the licensed firework dealers to refrain from selling any firecrackers in the national capital until January 01, 2025.While dealing with a plea moved by Delhi Fire Works Shopkeepers Association, Justice Sanjeev Narula ordered: “All the members of the Petitioner Association shall strictly refrain from engaging in the sale of any firecrackers during...
Can't Enforce Recovery Claim In Bail Pleas: P&H HC Declines To Cancel Pre-Arrest Bail For Alleged Failure Of Accused To Deposit Settlement Amount
The Punjab & Haryana High Court refused to cancel pre-arrest bail of an accused booked in fraud case for allegedly failing to deposit the settlement amount, observing that courts cannot enforce recovery claims in bail plea.Justice Manjari Nehru Kaul said, "The mere argument that recovery of the defrauded amount has not been made is insufficient, particularly when the trial Court vide...
Provisions Of Maternity Benefits Act Prevail Over Contractual Conditions, Would Apply To Contractual Employees: Madras High Court
The Madras High Court recently reiterated that the provisions of the Maternity Benefits Act would prevail over any contractual conditions set up by the employer to deny maternity benefits to a woman. The bench of Chief Justice KR Shriram and Justice Senthilkumar Ramamoorthy observed that the benefits of the Maternity Benefits Act would be applicable to contractual employees and...