Will Soon Identify 'Secluded Place' For Burial Of Badlapur Encounter Deceased: Maharashtra Police Tells Bombay High Court

The Maharashtra Police on Friday informed the Bombay High Court that it will be soon identifying a 'secluded' place for burying the dead body of the accused in the Badlapur minors' sexual assault case, who was shot down by the Thane Police in an alleged 'fake' encounter on September 24. A division bench of Justices Revati Mohite-Dere and Milind Sathaye was irked to know that the police...

Writ Petition Not Maintainable Against Labour Court Order Under Workmen's Compensation Act: Jharkhand High Court

The Jharkhand High Court has ruled that a writ petition filed against an order passed by the Labour Court under the Workmen's Compensation Act is not maintainable.The above ruling came in a writ petition which was filed challenging a 2017 judgement passed by the Presiding Officer, Labour Court, Deoghar in a Workmen Compensation case. The Labour Court had directed the petitioner, Sanjay Karpri,...

Bail Can't Be Denied Under PMLA On Mere Assumption That Property Recovered From Accused Must Be Proceed Of Crime: Delhi High Court

The Delhi High Court has recently held that bail cannot be denied under Prevention of Money Laundering Act, 2002, merely on the assumption that the property recovered from the accused must be proceed of crime.Justice Dinesh Kumar Sharma rejected a plea moved by Enforcement Directorate (ED) against grant of bail to an accused, Rahil Hiteshbhai Chovatia, in a money laundering case on October...

'Animals Don't Have Rights But State Instrumentalities Must Ensure Safe Environment': Madras HC Orders Compensation For Cow's Death By Electrocution

The Madras High Court has ordered compensation to a man whose cow died to electrocution after it stepped into a puddle into which electricity had leaked from a nearby transformer. Justice GR Swaminathan noted that though animals did not have any rights as such, the State had a duty to ensure a safe environment for them. The judge added that courts have a duty to invoke...

Trial Courts/ Tribunals Must Not Adjourn Cases Based On Oral Submission Of Parties That Matter Is Stayed: Kerala HC Issues Guidelines

The Kerala High Court has directed Trial Courts and Tribunals to not adjourn cases based solely on the oral submission of advocates or parties that the matter has been stayed by the High Court. The Court noted that advocates/parties often claim that there is a stay order from the High Court to adjourn proceedings, when in fact, there is no stay order.Justice P.V.Kunhikrishnan thus stated...

CMO, Doctors Often Not Aware Of Procedure In Medical Termination Of Pregnancy Cases: Allahabad HC Directs UP Health Secretary To Issue SOP

Observing that often the Chief Medical Officers and doctors in the State of Uttar Pradesh are not aware of the procedure to be followed in cases of medical termination of pregnancy while examining the female, the Allahabad High Court has directed the Principal Secretary, Medical Health and Family Welfare, Uttar Pradesh to issue Standard Operating Procedure for the same which is to be followed...

33 Years Later, Rajasthan High Court Sentences Husband To Life Imprisonment For Wife's Murder; Sets Aside Acquittal Order

While overturning a decision acquitting a man accused of murdering his first wife, the Rajasthan High Court observed that the trial court in its 1992 order had ignored the testimonies of the eyewitnesses due to minor contradictions as well as corroborative evidence, which was a patent error in law. The division bench of Justice Pushpendra Singh Bhati and Justice Munnuri Laxman in its order...

Husband Can't Make Voluntary Deductions Like EMI From His Income To Grant Less Maintenance To Wife: Punjab & Haryana High Court

The Punjab and Haryana High Court, while deciding the quantum of maintenance to be granted to a wife, said that the husband cannot be permitted to make voluntary deductions from his gross income which are not legally compulsory.The Court enhanced the maintenance amount by modifying the family court's decision wherein it had allowed the husband to deduct an amount of Rs.10,000, which he...

Sloganeering 'Bharat Mata Ki Jai' Promotes Harmony, Not Discord: Karnataka High Court While Quashing FIR U/S 153A IPC

"Sloganeering Bharath Matha Ki Jai would only lead to harmony and never a discord", said the Karnataka High Court while allowing a plea by five men for quashing an FIR lodged against them for allegedly promoting enmity between different groups and doing acts prejudicial to maintenance of harmony.The petitioners had claimed that on June 9 after they were coming back from celebrating the...

Right To File Section 14 Petition Absolute And Untrammeled By Any Other Considerations: Delhi High Court

The Delhi High Court bench of Justice C. Hari Shankar, while hearing a petition challenging the jurisdiction of the tribunal, has held that the right of a party to file a Section 14 petition seeking to terminate the mandate of the tribunal is not curtailed because the party had previously filed a Section 16 application before the tribunal and lost. Facts: The petitioner, Yves...

Not Every Forward Can Be Interpreted For Creating Rift In Society; People Should Restrain From Forwarding Everything They Receive: Bombay HC

In a significant ruling, the Bombay High Court recently held that each forward of an objectionable post on WhatsApp or any other social media platform, cannot be interpreted to have been done to create unrest in the society or two groups of people.The observation were made while quashing a First Information Report (FIR) lodged against a man, booked for forwarding an objectionable post against...

Affidavits Being Filed In Casual & Lethargic Manner; State Authorities, Standing Counsels Acting Casually: Allahabad High Court

Recently, the Allahabad High Court has observed that the affidavits being filed by the State Authorities as well as the Standing Counsels representing them in Court are being filed in a very “causal and lethargic manner even without proper drafting / reading before signing.”While dealing with a case regarding assessment of Stamp Duty where counter affidavit had not been filed for 2 years,...