State Shouldn't Reject Premature Release Of Convict By Merely Citing "Heinous Crime", Must Give Reasons: Madras High Court

The Madras High Court recently asked the State government to reconsider and recirculate its decision to reject a life convict's pre-mature release. Justice SM Subramaniam and Justice V Sivagnanam noted that the State had rejected the request of the prisoner by merely stating that he had committed a heinous crime and that he had not served 14 years in prison. Noting that reasons were...

"There May Be Some Intelligence We Don't Know": Delhi High Court On PIL Against Singhu Border Blockade, Asks Police Commissioner To Consider

The Delhi High Court on Monday closed a public interest litigation seeking removal of blockade on National Highway 44 at Singhu Border, arguing that inconvenience is being caused to the public at large. A division bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela asked the petitioners, three individuals, to file a representation to the Commissioner of Delhi Police which...

Absence Of "Ideal Family Relations" Doesn't Prove Allegations Of Cruelty, Courts Must Adjudicate On Facts: Allahabad High Court

The Allahabad High Court has held that Courts can uphold the allegations of cruelty only based on proven facts and evidence. It is not for the Court to imagine ideal family or relations to determine infliction of cruelty, held the Court.The bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh held,“We may stay reminded of the principle that while administering family...

'Further Investigation' U/S 173(8) CrPC Is Done Only On Basis Of Discovery Of Fresh Material By Investigating Officer: Gauhati High Court

The Gauhati High Court recently said that “further investigation” in terms of Section 173(8) of CrPC can be done only the basis of discovery of fresh material by the Investigating Officer.It therefore set aside a Magistrate Court order directing an IO to further investigate a criminal misappropriation case against a Junior Manager of APDCL, after a final report was submitted in the case,...

No Transfer Of Immovable Property Via Affidavit: Allahabad HC Imposes ₹10 Lakh Cost On Catholic Diocese, State For Deprivation Of Land For 32 Yrs

Recently, the Allahabad High Court imposed a cost of Rs. 10 lakhs on the Catholic Diocese of Gorakhpur and the UP government, for illegally depriving a man of his property for more than 32 years. The Court held that the transfer of immovable property cannot be done by way of an application or an affidavit under the Urban Land (Ceiling and Regulation) Act, 1976 otherwise it will create...

Karnataka High Court Weekly Round-Up: September 23 To September 29, 2024

Citation No: 2024 LiveLaw (Kar) 411 to Citation No: 2024 LiveLaw (Kar) 418Nominal Index: Dr Kalyan C Kankanala AND Union of India & Others. 2024 LiveLaw (Kar) 411Arptia J AND State of Karnataka & Others. 2024 LiveLaw (Kar) 412Siddaramaiah AND State of Karnataka & Others. 2024 LiveLaw (Kar) 413Keshavamurthy AND State of Karnataka. 2024 LiveLaw (Kar) 414Suresha & Others AND State...

Allahabad HC Judge Recuses From Hearing Case Where Contempt Action Was Recommended Against Sr. Advocate

On Monday, Justice Sangeeta Chandra of the Allahabad High Court recused herself from hearing a case in which an order was passed last week by a division bench led by her, referring the matter to the Chief Justice for drawing criminal contempt proceedings against a Senior Advocate. It may be noted that the division bench (also comprising Justice Brij Raj Singh) had made the...

Mere Messages Or Chats With Minor Without 'Sexual Intent' Not Sexual Harassment U/S 11 POCSO Act: Kerala High Court

The Kerala High Court has quashed criminal proceedings instituted against a 24-year-old man, accused of sending messages and making calls to a 17-year-old girl, causing her disturbance.The crime was registered against the petitioner under Section 354D (stalking) of the IPC, Section 11(iv) (sexual harassment) and Section 12 (punishment for sexual harassment) of the POCSO Act. Justice...

Kangana Ranaut Has Agreed To Cuts Suggested By Revising Committee: CBFC Informs Bombay High Court On Emergency Film's Release

The Central Board for Film Certification (CBFC) on Monday informed the Bombay High Court that Kangana Ranaut, the producer and lead actor in the controversial film "Emergency", has agreed to the cuts/changes as suggested by the Censor Board's revising committee.A division bench of Justices Burgess Colabawalla and Firdosh Pooniwalla has been hearing a petition filed by Zee Studios, the...

Allahabad High Court Adjourns Hearing On PIL For CBI Probe Into LoP Rahul Gandhi's Citizenship Till October 24

On Monday, the Allahabad High Court adjourned the hearing of a Public Interest Litigation (PIL) plea seeking a CBI probe into Congress leader and LoP in LokSabha Rahul Gandhi's alleged British Citizenship. The matter was posted for October 24 after the Deputy Solicitor General of India, Surya Bhan Pandey, sought time to receive written instructions from the Union Home Ministry...

Sexual Intercourse Between Husband And Wife, If Forcible, Cannot Be Considered "Rape": Gauhati High Court

The Gauhati High Court recently set aside a rape conviction and sentence order passed by a Trial Court, on the ground that the accused and victim, a major, were legally married and therefore, the sexual intercourse between the two even if forcible cannot be considered as rape.The single judge bench of Justice Malasri Nandi observed:“Exception 2 to Section 375 of IPC states...

“Why An AIIMS Like Institute Would Not Be Necessary To Be Established In Prayagraj”: Allahabad High Court Seeks State's Response

Recently, the Allahabad High Court has sought response from the State Government of Uttar Pradesh on why establishment of All India Institute of Medical Sciences is not necessary in Prayagraj. In a public interest litigation seeking establishment of AIIMS in Prayagraj, the bench of Justice Manoj Kumar Gupta and Justice Manish Kumar Nigam had earlier sought response from the...