All High Courts
Gauhati High Court Declines Compassionate Appointment Due To Delay But Grants Compensation For 'Arbitrary' Rejection
In a writ petition seeking a direction for fresh consideration of a compassionate appointment claim, the Gauhati High Court has held that such relief cannot be granted where nearly 13 years have elapsed since the death of the employee, observing that compassionate appointment is meant to provide immediate relief and must be proximate to the date of death, and that in the present case the...
Supreme Court's 'Bulldozer Justice' Verdict Not A Shield For Illegal Constructions: Jharkhand HC Refuses To Stay Demolition In Jamshedpur
The Jharkhand High Court has refused to modify its earlier order directing the demolition of illegal constructions in Jamshedpur. The Court held that the Supreme Court's decision In Re: Directions in Matter of Demolition of Structures, does not assist the applicants, as that judgment was rendered in the context of "bulldozer justice" and not in cases involving illegal constructions raised...
Restitution Of Conjugal Rights | Wife Living Separately For Job Is 'Reasonable Excuse' U/S 9 HMA: Jharkhand High Court Rejects Husband's Appeal
The Jharkhand High Court has held that the orthodox concept of a wife and the expectation that she must subordinate her life and career to the wishes of her husband has undergone a "revolutionary change", and that a married woman has a right to stand financially on her own feet and oblige society as a professional woman.A Division Bench comprising Justice Sujit Narayan Prasad and Justice...
NDPS Act | Search By Gazetted Officer Who Is A Member Of Raiding Party Doesn't Satisfy Section 50: Bombay High Court Acquits Kenyan Man
When a person, while being searched, is informed that he will be searched in the presence of a 'Gazetted' Officer, who is also member of the raiding party, then the same would not amount to 'compliance' to the mandatory provision of section 50 of the Narcotics Drugs and Psychotropic Substances (NDPS) Act, held the Goa Bench of the Bombay High Court while acquitting a Kenyan Nation, who...
'Can't Remain Silent Spectator': MP High Court Orders Disciplinary Proceedings Against Police Officer For 'Shielding' Accused
The Madhya Pradesh High Court, on Friday (January 30), directed the Competent Authority to initiate departmental disciplinary proceedings against a police officer for shielding an accused. The bench of Justice Milind Ramesh Phadke observed; "The conduct of respondent No.2 in the present matter reflects a disturbing and alarming disregard for the rule of law, the authority of the Court, and...
Temple Accounts Digitisation: KITFRA To Place Detailed Statement Before Kerala High Court To Ensure Transparency
The Kerala State Information Technology Infrastructure Ltd. (KITFRA), which has been entrusted by the Travancore Devaswom Board to facilitate digitisation of temple account, undertook that it would place a detailed statement including the proposal and timeframe required for the exercise before the Kerala High Court.The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V....
No Instant Rewards For UP Cops; Mandatory FIR & Medical Aid For Injured: Allahabad High Court Tightens Noose On 'Encounter Culture'
In a significant order passed yesterday, the Allahabad High Court has effectively tightened the noose on the 'Police Encounter Culture' in the state of Uttar Pradesh by issuing and reiterating certain strict guidelines expressly prohibiting instant promotions or gallantry awards for police officers immediately following an encounter with an accused/criminal. In its 11-page order,...
Caste Of Adopted Child Will Be Same As That Of Adoptive Parents: Bombay High Court
The caste of an adopted child would be the same as that of his or her adoptive parents, held the Bombay High Court on January 29, while quashing the order passed by the Deputy Collector, Pune who cancelled the caste certificate issued to an adopted child.A division bench of Justice Makarand Karnik and Justice Shriram Modak was dealing with a plea filed by a woman, who adopted a male child...
Trial Court Erred In Ignoring Grievous Injuries On Neck: Karnataka High Court Convicts Husband For Attempting To Murder Wife Using Machete
The Karnataka High Court overturned a trial court order which had acquitted a husband for offence of attempt to murder his wife by attacking her with a razor blade and a chopper/machete, holding that the court had failed to note the nature of injuries on vital parts of the wife's neck.It further said that the trial court had instead invoked Section 326 IPC (Voluntarily causing grievous hurt...
Kerala High Court Grants Pre-Arrest Bail To YouTube Channel Editor Booked For Allegedly Obscene Content Involving CM Pinarayi Vijayan
The Kerala High Court on Friday (January 30) granted pre-arrest bail to the chief editor of Crime Online, a YouTube Channel, who is accused of posting an obscene content involving Chief Minister Pinarayi Vijayan.Dr. Justice Kauser Edappagath passed the order granting bail to T.P. Nandakumar, who is alleged to have committed the offences under Sections 67 and 67A of the Information Technology...
Printing Orders On Same Sheet To Avoid Paper Waste Is Commendable: Punjab & Haryana High Court Applauds Trial Court Judge
The Punjab & Haryana High Court has appreciated the efforts of a Session Judge in avoiding needless waste of paper by ensuring that judicial orders passed in a case were printed on the same sheet, wherever possible.Justice Neerja K. Kalson said, "Before parting with this order, this Court appreciates the fact that as is evident from the orders placed on record, every precaution has been...
Offence Of Cruelty Against Woman U/S 498A IPC Not Attracted If Marriage Annulled By Competent Court: Kerala High Court
The Kerala High Court recently quashed the criminal proceedings initiated against a man and his mother for allegedly committing the offence of cruelty under Section 498A of the Indian Penal Code after noting that there was no valid marriage between him and the complainant in view of the annulment made by a competent court.Justice C. Pratheep Kumar was considering a plea preferred by the...