'Frivolous Contempt Plea Against Judicial Officer Is Abuse Of Process': Punjab & Haryana High Court Imposes ₹1 Lakh Costs

The Punjab and Haryana High Court has held that levelling false allegations of non-compliance of court orders against a judicial officer amounts to gross abuse of the process of law and warrants imposition of exemplary costs. The Court observed that the allegation of disobedience of this Court's order against a sincere, competent and hard-working Judicial Officer demands indulgence of this...

Minor's Suicide Case: Karnataka High Court Directs Bengaluru Pubs To Strictly Verify Age Before Granting Entry

The Karnataka High Court on Wednesday (March 25) directed pubs and breweries in Bengaluru to initiate rigorous age verification protocols preferably at the entry of the premises. In doing so the court refused to quash criminal proceedings against the licensee of a Brewery in the city wherein a teenager had allegedly consumed alcohol and later committed suicide. The single judge bench of Justice...

Absence Of Material Facts Fatal To Election Challenge: Bombay High Court Dismisses Plea Challenging MLA's Election

The Bombay High Court has held that the absence of material facts to substantiate allegations of suppression in an election petition constitutes non-compliance with Section 83(1)(b) of the Representation of the People Act. The Court observed that failure to plead essential facts necessary to establish a complete cause of action renders the election petition liable to be rejected at...

Allahabad High Court Grants Anticipatory Bail To Swami Avimukteshwaranand In Prayagraj POCSO Case

The Allahabad High Court today granted anticipatory bail to Swami Avimukteshwaranand Saraswati in the Prayagraj POCSO CaseOn February 27, a bench of Justice Jitendra Kumar Sinha reserved orders on his anticipatory bail plea and had directed that Avimukteshwaranand Saraswati and his disciple shall not be arrested until the final disposal of the anticipatory bail application.It may be noted...

“Cannot Become Privy To Trampling Of Personal Liberty”: J&K&L High Court Orders Release Of Detenue From Courtroom

The Jammu & Kashmir and Ladakh High Court, while ordering the release of a detenue directly from the courtroom, held that it could not permit the continuation of a preventive detention order that results in trampling of the fundamental right to personal liberty, particularly where such detention is founded on no factual or legal basis.The Court was hearing a habeas corpus petition...

Gujarat High Court Directs State Govt To Frame Child Protection Policy, Seeks Social Audit Report By June 30

The Gujarat High Court recently directed the State government to frame a Child Protection Policy and further directed the State Commission for Protection of Child Rights to conduct Social Audit, prepare and submit an annual report and special reports by June 30. The court was hearing a PIL filed to ensure compliances of the directions contained in Supreme Court's 09.02.2018 judgment in...

Delhi High Court To Pass Interim Order Protecting Personality Rights Of Gautam Gambhir

The Delhi High Court on Wednesday (March 25) said that it will pass an interim order protecting the personality rights Indian cricket team head coach Gautam Gambhir. Earlier, Gambhir withdrew his previous interim injunction application with liberty to file a fresh application with same cause of action with complete and better particulars. After hearing the parties and perusing the...

Quashing Of Subsequent FIR Doesn't Extinguish PMLA Proceedings If Earlier FIR Subsists: MP High Court

The Madhya Pradesh High Court, while quashing a petition filed by a milk manufacturer and exporter, has held that proceedings under the Prevention of Money Laundering Act can continue even if a subsequent FIR is quashed, provided an earlier FIR forming the basis of the alleged offence is subsisting. The bench of Justice BP Sharma observed; "In view of the foregoing analysis, this Court holds...

Delhi High Court Raps Litigant Seeking FIR Against Judge Over Alleged Forgery In Judicial Order

The Delhi High Court on Wednesday rapped a litigant who filed a writ petition seeking registration of FIR against a judicial officer over allegations of committing forgery in a judicial order. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia also took exception to the litigant's conduct of uploading the video of proceedings on YouTube. The Court cautioned...

Employer Can Impose Penalty Based On ICC Report Under POSH Act Without Separate Departmental Inquiry: Bombay High Court

The Bombay High Court has held that an employer can impose a penalty on an employee based on the report of the Internal Complaints Committee (ICC) under the POSH Act without conducting a separate departmental inquiry or issuing a formal charge-sheet. The Court observed that the ICC report constitutes an inquiry report under the statutory scheme, and requiring a second inquiry would amount to...

Allahabad High Court Issues Notices To UP Govt, ASI On PIL Claiming 4,995 Heritage Sites In UP Are Lying In 'Shambles'

The Allahabad High Court has issued notices to the UP Government, the Archaeological Survey of India (ASI), the Union Ministries of Culture, Tourism, and Housing and Urban Affairs and the National Monuments Authority on a Public Interest Litigation (PIL) plea alleging that a staggering 4,995 ancient monuments and heritage structures across the state are in 'shambles' and on the...

Mere Failure To Make Timely Payment Not Cheating Without Initial Fraudulent Intent: Gauhati High Court Reiterates

The Gauhati High Court has reiterated that mere non-payment arising out of contractual dealings, without prima facie material showing fraudulent or dishonest intention at the inception, cannot be treated as offences of cheating or criminal breach of trust.The ruling was delivered by Justice Anjan Moni Kalita, who observed, “…though there are instances of non-fulfillment of promises, the...