Kerala High Court Quashes FIR U/S 153 IPC Against Jewish Australian Woman Who "Tore" Posters Creating Impression On Palestine-Israel War

The Kerala High Court recently quashed an FIR registered against an Australian woman of Jewish descent booked for provoking rioting under Section 153 IPC for allegedly tearing two posters in Fort Kochi, which had "apparently" created an impression in her mind about the ongoing Palestine-Israel war. For context, Section 153 pertains to wantonly giving provocation, with intent to cause riot...

Liberty Given To Revenue In SC's Abhisar Buildwell Judgment To Initiate Reassessment Proceedings Doesn't Overcome Limitation U/S 149 Income Tax Act: Delhi HC

The Delhi High Court has made it clear that the Supreme Court judgment in Abhisar Buildwell, which granted liberty to the Revenue Department to initiate reassessment proceedings under Sections 147/148 of the Income Tax Act- in case of completed/ unabated assessment, if no incriminating material is found during the search- cannot be construed to be an authority to override the...

High Court Attaches Salary Of Punjab Health Secy, Others For Not Paying Dues To Hospitals Despite Release Of Funds Under Ayushman Bharat

The Punjab and Haryana High Court has till October 16, attached salaries of senior officers, including the Punjab's Principal Secretary of the Health Department, for failing to release pending dues to hospitals under Ayushman Bharat Scheme.Justice Vinod Bhardwaj said, "This Court also tentatively records that there is no satisfactory explanation put forth before this Court as to why despite...

Delhi HC Tells Lawyers To Not Use Old Criminal Laws In New Filings, Asks Them To Also Mention New Criminal Laws For Filings In Old Cases

The Delhi High Court has taken a “serious view” of the reliance upon old criminal laws by advocates to file new applications or petitions, despite implementation of new laws with effect from July 01.Justice Chandra Dhari Singh directed the Registry to ensure that the new applications or pleas are filed under the new laws only. “It is made clear that if any proceeding is in continuance...

Matrimonial Dispute Remains Between Couple, No Impleadment Can Be Allowed In Divorce Proceedings U/S 13B Hindu Marriage Act: Allahabad HC

The Allahabad High Court has held that the divorce proceedings (matrimonial disputes) are only between the parties to the marriage, no third person can seek impleadment in proceedings under Section 13B of the Hindu Marriage Act.The bench comprising Justice Saumitra Dayal Singh and Justice Donadi Ramesh held,“Piquant as it may be, the impleadment sought may never be justified. A...

Prohibition On Entertaining Appeal Beyond 90 Days Under NIA Act Is "Justice Bar," Must Apply Equally To Accused And Agency: Telangana HC

The Telangana High Court on Friday observed that the statutory bar on filing an appeal against a decision beyond 90 days under the National Investigation Agency (NIA) Act can be termed the "Justice Bar", adding that the doors of justice cannot be selectively shut to a few especially where life and liberty are at stake. The observations were made while the high court was considering...

Second Appellate Court Cannot Interfere With Factual Finding Of Lower Courts: Allahabad High Court Reiterates

Recently, the Allahabad High Court has reiterated that reappreciation of evidence by a Second Appellate Court is impermissible.Justice Kshitij Shailendra held that“…even when two views are possible, out of which one view has been taken by the courts after appreciating evidence on record, second Appellate Court would not substitute that view by its own view. Re-appreciation of evidence...

Commenced Enrolment In Compliance With SC Guidelines To Enable Final-Year Students To Appear For AIBE: WB Bar Council Tells Calcutta High Court

The Bar Council of West Bengal has told the Calcutta High Court that it has commenced the enrolment process of advocates in compliance with the Supreme Court's recently laid guidelines in order to enable final-year law students to appear in the upcoming All India Bar Examination (AIBE).The Supreme Court had laid down guidelines for Bar Councils to levy a certain fixed sum as enrolment fees,...

'Cannot Be Taken Lightly': Rajasthan HC Takes Exception To Party's Concealment Of Coordinate Bench Order, Imposes ₹5 Lakh Cost

The Rajasthan High Court imposed a cost of Rs. 5 lakhs on a petitioner for concealing an order passed by a coordinate bench of the Court in the petitioner's other writ petition with similar prayers and filing the current petition in violation of the earlier order.The bench of Justice Dinesh Mehta was hearing a petition filed by the Indira Education Institute of Nursing seeking directions to...

Calcutta High Court Issues Notice On Plea Claiming Presence Of "Threat Nexus Syndicate" At State-Run Hospitals

The Calcutta High Court has sought a response from the state authorities on a plea which alleged the presence of a "threat culture" at state-run West Bengal Medical Colleges and Hospitals."If any of these allegations are found to be correct, then this a very serious issue," remarked Chief Justice TS Sivagnanam.It was stated by the petitioners that there was a prevalence of reports regarding...

Rajasthan HC Expands Scope of Section 95 BNSS To Include Telecom, Service Providers For Compelling Production Of Material Relevant To Trial

The Rajasthan High Court recently allowed a murder accused's plea under Section 94 BNSS by treating it as one filed under Section 95 BNSS, thereby expanding the provision's (Section 95) scope in the peculiar facts of the case and directed the trial court to obtain the call and location details of the witnesses in the case. For context section 94, BNSS provides that any court or officer in...

ISRO Administrative Officer Post, Selection Not Arbitrary, Candidates Participated Without Any Challenge To Process, Can't Question Later; Delhi High Court Reiterates

The Delhi High Court has dismissed a Petition filed against the order passed by the Central Administrative Tribunal (CAT). The petitioner had challenged the results finalized by the ISRO against the post of Administrative OfficerA division Bench of Justices Suresh Kumar Kait and Girish Kathpalia held that candidates can't challenge the recruitment process or results if they did not raise...