All High Courts
Quashing Of Subsequent FIR Doesn't Extinguish PMLA Proceedings If Earlier FIR Subsists: MP High Court
The Madhya Pradesh High Court, while quashing a petition filed by a milk manufacturer and exporter, has held that proceedings under the Prevention of Money Laundering Act can continue even if a subsequent FIR is quashed, provided an earlier FIR forming the basis of the alleged offence is subsisting. The bench of Justice BP Sharma observed; "In view of the foregoing analysis, this Court holds...
Delhi High Court Raps Litigant Seeking FIR Against Judge Over Alleged Forgery In Judicial Order
The Delhi High Court on Wednesday rapped a litigant who filed a writ petition seeking registration of FIR against a judicial officer over allegations of committing forgery in a judicial order. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia also took exception to the litigant's conduct of uploading the video of proceedings on YouTube. The Court cautioned...
Employer Can Impose Penalty Based On ICC Report Under POSH Act Without Separate Departmental Inquiry: Bombay High Court
The Bombay High Court has held that an employer can impose a penalty on an employee based on the report of the Internal Complaints Committee (ICC) under the POSH Act without conducting a separate departmental inquiry or issuing a formal charge-sheet. The Court observed that the ICC report constitutes an inquiry report under the statutory scheme, and requiring a second inquiry would amount to...
Allahabad High Court Issues Notices To UP Govt, ASI On PIL Claiming 4,995 Heritage Sites In UP Are Lying In 'Shambles'
The Allahabad High Court has issued notices to the UP Government, the Archaeological Survey of India (ASI), the Union Ministries of Culture, Tourism, and Housing and Urban Affairs and the National Monuments Authority on a Public Interest Litigation (PIL) plea alleging that a staggering 4,995 ancient monuments and heritage structures across the state are in 'shambles' and on the...
Mere Failure To Make Timely Payment Not Cheating Without Initial Fraudulent Intent: Gauhati High Court Reiterates
The Gauhati High Court has reiterated that mere non-payment arising out of contractual dealings, without prima facie material showing fraudulent or dishonest intention at the inception, cannot be treated as offences of cheating or criminal breach of trust.The ruling was delivered by Justice Anjan Moni Kalita, who observed, “…though there are instances of non-fulfillment of promises, the...
Sambhal Violence | Allahabad High Court Extends Stay On CJM Order For FIR Against Cops Until April 21
The Allahabad High Court on Tuesday extended the interim stay on a Chief Judicial Magistrate (CJM) order that had directed the registration of an FIR against senior police officials in connection with the November 2024 Sambhal violence.A bench of Justice Samit Gopal passed the order extending the relief while hearing a petition moved by former Sambhal Circle Officer Anuj Kumar Chaudhary...
'Genocide; Prima Facie Case Made Out': Allahabad High Court Refuses To Quash 1984 Kanpur Anti-Sikh Riot Cases
The Allahabad High Court recently rejected petitions filed by 9 individuals to quash the criminal proceedings pertaining to the 1984 anti-Sikh riots in Kanpur. Describing the mass violence following the assassination of former Prime Minister Indira Gandhi as a 'genocide' and a 'crime against humanity', the Court said that delay in recording witness statements and the non-availability...
State Can't Mechanically Suspend Municipal Resolutions: Gujarat High Court Stays Govt Order
The Gujarat High Court on Tuesday (March 24) questioned the State government and Ahmedabad Municipal Corporation with respect to authority under which the Municipal Commissioner had referred resolutions concerning waiver of late payment charges under advertisement policy to the State.The court further said that "prima facie" the Municipal Commissioner could not have referred the matter to...
Right To Adopt Cannot Be Defeated By Procedural Delay: Calcutta High Court
The Calcutta High Court has held that a prospective adoptive parent cannot be deprived of the right to adopt merely because the child crosses the statutory age limit during pendency of court proceedings, particularly when the delay is attributable to the judicial process itself. Justice Shampa Dutt (Paul), allowing a civil revision petition, set aside an order of the District Judge, Nadia,...
Mid-Session Fee Hike Cannot Apply To Already-Admitted Students: Calcutta High Court Quashes College's Demand Notice
The Calcutta High Court has held that a mid-session fee hike cannot be imposed on students who had already taken admission on the basis of a previously notified fee structure. A Division Bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya, while hearing three connected appeals filed by first-year B.Tech students of Dr. B.C. Roy Engineering College, set aside the...
'State Largest Litigant, Must Act With Accountability': Karnataka High Court Calls For Digital Litigation Monitoring System To Prevent Delays
The Karnataka High Court has held that the State Government, as the single largest litigant before constitutional courts, bears a 'corresponding responsibility' to conduct its legal affairs with institutional accountability. The court added that the government cannot expect preferential treatment regarding the law of limitation. “…The Government cannot take advantage of bureaucratic...
Madras High Court Imposes ₹50K Costs On 'Unusual' Plea Seeking Daily Protest At A Busy Public Junction Till 'World War' Ends
The Madras High Court recently dismissed a man's plea seeking permission to conduct daily protests till the end of World War. Justice Victoria Gowri also imposed a cost of Rs 50,000 on the man for filing frivolous petitions for his eccentric needs. The court noted that constitutional rights were meant to enlarge participation and could not be used to assert a right in total...