Kerala High Court Issues Guidelines To Ensure Minors Are Not Mistakenly Tried As Adults

The Kerala High Court, while handling a case in which two juveniles were tried and punished as adults, issued a set of directives to investigating agencies and the district judiciary to prevent such occurrences in the future.The officer arresting the accused shall ensure his age by verifying any authentic documents like Matriculation or Equivalent Certificate, Date of Birth Certificate from...

Court Can Quash SCNs And Proceedings Under GST Act, Customs Act Or Finance Act On Ground Of Inordinate Delay In Adjudication: Delhi HC

The Delhi High Court has made it clear that Show Cause Notices and adjudication proceedings under the Customs Act, 1962 , the Finance Act, 1994 or the Central Goods and Services Tax, 2017 cannot be kept pending for years. In its 177-page judgment, a division bench of Justices Yashwant Varma and Ravinder Dudeja observed, “Matters which have the potential of...

Recruitment Rules Can't Be Applied Retroactively, Chhattisgarh High Court Sets Aside Employee's Termination Order

A single bench of Chhattisgarh High Court comprising of Justice Rajani Dubey held that the recruitment rules or guidelines cannot be applied retroactively to improperly terminate an employee from the post. Background Facts The petitioner was appointed on the post of Aanganbadi Karyakarta on 01.04.2007. She was working under the Department of Women and Child Development...

[S.376 IPC] Calcutta High Court Quashes False Promise To Marry Case Against Man 7 Yrs After "Consensual" Relationship With Complainant

The Calcutta High Court has quashed a case of alleged rape filed by a woman, against a man, who she was in a consensual relationship with. Justice Shampa (Dutt) Paul found that the complainant had gotten into a physical relationship with the accused in 2013, and continued it till 2018, after which she filed a complaint in 2020. The court said:From the said materials, in the case diary, this...

"If You Cannot Enforce Laws To Remove Hawkers, Let People Take Law In Their Hands": Bombay High Court Slams Maha Govt

The Bombay High Court on Thursday while coming down heavily on the Maharashtra government over its failure to curb the menace of illegal hawkers, said the State must clarify its stand as to whether it will comply with court orders or not or let people take the law in their own hands and do whatever they feel like.A division bench of Justices Ajay Gadkari and Kamal Khata was irked to note that...

Advocate Casting Aspersions On Woman's Character Upon Instructions From Client Is Discharging His Duty, Not Insulting Her Modesty: Bombay HC

The Bombay High Court recently held that an advocate, when casts aspersions upon a woman's character, on instructions from his client, is basically discharging his duty and thus cannot be booked for insulting the modesty of the woman punishable under section 79 of the Bharatiya Nyaya Sanhita (BNS) 2023.A division bench of Justices Bharati Dangre and Manjusha Deshpande delivered the ruling...

Punjab & Haryana High Court Directs Videography Of Nomination Paper Filing In Municipal Corporation Elections

The Punjab and Haryana High Court on Thursday (December 12) directed the Punjab State Election Commission to video-graph the filing of nomination papers in the upcoming Punjab Municipal Corporation Election scheduled on December 21.A division bench of Justice Sureshwar Thakur and Justice Kirti Singh in its order directed the State Election Commission, "that as and when municipal elections...

Days After Controversy Over VHP Event Speech, Allahabad High Court Chief Justice Changes Justice Shekhar Yadav's Roster

4 Days after his controversial speech at a public event organised by the legal cell of the Vishwa Hindu Parishad (VHP), the Chief Justice of the Allahabad High Court has changed the judicial roster of Justice Shekhar Yadav. As per the new roster, effective December 16, Justice Yadav will only be hearing 'First Appeals' arising from orders passed by civil courts, specifically...

[Delhi Riots] No Call For Violence In Speeches, No Connection With Co-Conspirators: Sharjeel Imam To High Court

Sharjeel Imam, accused in the Delhi riots larger conspiracy case, on Thursday told the Delhi High Court that there was no call for violence in his public speeches. Imam's counsel told a division bench comprising of Justice Navin Chawla and Justice Shalinder Kaur that there were “repeated calls” for non violence in the speeches. "There is no call for violence in any of my speeches….There...

"Can't Wait Endlessly" For Executive Decision On Using Regional Language In Court: Karnataka HC Pens Verdict In Both English And Kannada

Stating that it cannot "wait endlessly" for the Executive to exercise its powers under Article 348 of the Constitution and take a decision on use of regional language in Courts, the Karnataka High Court on Thursday read out a judgment both in English and Kannada language.A division bench of Justice Krishna S Dixit and Justice C M Joshi said, “New trend we want to set in...This is not...

Cannot Apply 1989 Amendment Retrospectively And Issue Demand Notices Under ESI Act: P&H HC

Punjab and Haryana High Court: A single judge bench of Justice Pankaj Jain dismissed appeals filed by the Employees State Insurance Corporation (ESIC). It upheld the order by the ESI court exempting the Punjab State Electricity Board (PSEB) from paying ESI contributions for its Phagwara sub-station. It held that Section 1(6) was introduced in 1989 and could not be applied retrospectively...

Madhya Pradesh HC Questions State For Delaying Retired Lokayukta Member's Family Pension Inspite Of Amendment Made In Rules

In a plea for grant of family pension of Lokayukta members, the Jabalpur bench of the Madhya Pradesh High Court on Thursday questioned the State for not examining the petitioners' case in respect of amendments made to the Rules under the state Lokayukta Act, noting that the pendency of the plea could not have been a reason for not taking action. In doing so, the court directed the respondents...