'Our Heads Hang In Shame': Gujarat HC Takes Suo Motu Cognizance Of Pregnant Villager's Death Who Couldn't Reach Ambulance Due To Lack Of Road

"Our heads hang in shame and we are faint that we had to read a press clipping on the birth date of Mahatma Gandhi as well as Lal Bahadur Shashtri," said the Gujarat High Court on Thursday (October 3) while taking suo motu cognizance of news reports indicating that a pregnant woman who, after being "carried on a cloth stretcher" as there was no road, died on her way to the ambulance...

Media Airing Statements Which Lead Viewers To Believe That They Were Given By Victims To Justice Hema Committee Would Be Viewed Seriously: Kerala HC

The Kerala High Court issued a warning against the media personnel that it must not report any information relating to the Justice Hema Committee Report in such a way that it would create an impression in the mind of the viewers that such information was given by the victim before the Justice Hema Committee or the Special Investigation Team (SIT) constituted to probe offences disclosed in...

Father Asaram Bapu Admitted In Jodhpur Hospital, Condition Not Stable: Son Narayan Sai To Gujarat High Court In Temporary Bail Plea

Narayan Sai– convicted by a sessions court in a rape case, urged the Gujarat High Court on Thursday (October 3) to grant him temporary bail in order to meet his father Asaram Bapu, stating that the latter has been admitted in a Jodhpur hospital and his "condition is not stable". After hearing the matter for some time, the court permitted the counsel for the petitioner–Narayan Sai, a...

Usage Of 'Deaf And Dumb' Is Ethically And Technically Inaccurate, Instead Use 'Deaf', 'Hard Of Hearing': Kerala High Court

The Kerala High Court stated that the term 'Deaf and Dumb' is ethically and technically inaccurate and is now recognized as offensive. It also observed that the term 'Hearing Impaired' is no longer used since impaired means hindered or damaged.The present observations were made in an original petition in which the respondent is a hard-of-hearing person, and the original petition described her...

Able-Bodied Wife Can't Sit Idle To Misuse Maintenance Provision U/S 125 CrPC While Husband Is Looking After All Needs: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that the provision of Maintenance under Section 125 CrPC, cannot be allowed to be misused by the able bodied wives to sit idly at home.Justice Nidhi Gupta said, "The purpose of Section 125 Cr.P.C. is to protect abandoned wives who are unable to maintain themselves from vagrancy and destitution. The said provision cannot be permitted to...

Telangana High Court Sets Aside Remand Order, Reaffirms 24-Hour Time Limit For Producing Accused Before Magistrate

The Telangana High Court has set aside a remand order, emphasizing the importance of adhering to constitutional safeguards regarding arrest and production before a magistrate within 24 hours. The court held that producing an accused before a magistrate beyond the 24-hour limit without obtaining a transit warrant violates Article 22(2) of the Constitution of India.This ruling was made in...

S.70 PMLA | Properties Purchased Prior To Scheduled Offence Can Be Attached Even If Not Purchased With Proceeds Of Crime: Madras High Court

The Madras High Court recently observed that under the Prevention of Money Laundering Act, the properties that are acquired even before the alleged scheduled offence could be attached when criminal activity has taken place outside the country. The court highlighted that the properties sought to be attached need not be purchased from and out of the proceeds of crime. “Even in respect...

Attempt To Suicide To A Large Extent Is No Longer An Offence Due To The Enactment Of Mental Healthcare Act, 2017: Kerala High Court

The Kerala High Court has observed that since the enactment of the Mental Healthcare Act (MH Act), attempting suicide, to a larger extent is not an offence.Justice Bechu Kurian Thomas observed:“Decriminalizing attempts to commit suicide has been under consideration for the last several decades. Though section 309 IPC remained in the statute book, with the enactment of the MH Act in...

Gujarat HC Declines 'Status Quo' In Plea Against Alleged Demolition Of Muslim Religious Structures, Residential Places In Gir Somnath

The Gujarat High Court on Thursday (October 3) refused to grant status quo in respect of alleged demolition of Muslim places of worship including mosques and graves, which was carried out by the State authorities on September 28 in Gir Somnath.Issuing notice to the State on a plea filed by Auliya Auliya-e-Deen Committee–a Waqf, a single judge bench of Justice Sangeeta K Vishen while...

AICTE Can Prescribe Manner Of Recruitment Of Teaching Staff In Technical Institutions: Kerala High Court Full Bench

The Kerala High Court has held that the All India Council for Technical Education (AICTE) has the power to prescribe the manner of appointment of teaching staff to technical institutions. A Full Bench comprising Acting Chief Justice A. Muhamed Mustaque, Justice Shoba Annamma Eapen and Justice S. Manu was answering a reference placed before it by a Division Bench.When the instant case came...

Principles Of Natural Justice Not Mere Formality: Jharkhand High Court Quashes Blacklisting Order For Non-Compliance With Procedure

The Jharkhand High Court has ruled that the principles of natural justice cannot be treated as mere formalities. The Court emphasised that when an adverse decision is being made, the concerned authority must inform the affected party about the proposed action to be taken against them. Failure to follow this procedure would amount to non-compliance with the principles of natural...

O. 23 R.1A CPC | Defendants Cannot Be Transposed As Plaintiffs Without Substantial Question Of Law Or Abandonment Of Suit: Jharkhand High Court

The Jharkhand High Court has clarified the application of Order XXIII Rule 1A of the Code of Civil Procedure (CPC), reaffirming that defendants can only be transposed as plaintiffs in two specific situations: first, when the plaintiff has either withdrawn or abandoned the suit and second, when the defendant has a substantial question of law to be decided against another defendant.Justice...