TN Siddha Medical Council Members Permitted To Practice Modern Medicine But Not To Store Allopathy Medicine Without License: Madras HC

The Madras High Court recently observed that while the Siddha practitioners in the State of Tamil Nadu were not barred from practicing modern medicine, they could not store allopathy medicine as the same would be in violation of the Drugs and Cosmetics Act. The court thus refused to quash a case registered against a Siddha Doctor for storing allopathy medicines in contravention of...

S.402 CrPC Pertains To High Court's Power To Transfer Revision Cases, Not Applicable When Appeal Is Pending Before Sessions Court: Kerala High Court

The Kerala High Court has observed that Section 402 of CrPC gives the High Court the power to transfer revision cases. It ruled that the provision is not applicable in cases where revision is pending before the High Court but appeal is pending before the Sessions Court.Justice K Babu thus invoked its inherent powers under Section 482 to transfer the revision pending before it to the...

Bikru Ambush | 'He Misused Trust Which Led To His Colleagues' Death': Allahabad HC Rejects Third Bail Plea Of Dismissed UP Cop

The Allahabad High Court recently rejected the third bail plea moved by now-dismissed UP Police official Krishna Kumar Sharma, who is facing conspiring charges in connection with the ambush in Bikru village on July 3, 2020, in which Gangster Vikas Dubey gunned down eight policemen. A bench of Justice Saurabh Shyam Shamshery observed that though he has been in jail for the last...

Delhi High Court Summons Counselling Centre In-Charge For Failing To Translate Contents Of Settlement In Vernacular Language

The Delhi High Court recently summoned the in-charge of counselling centre, Karkardooma Courts, for failing to translate contents of a settlement agreement to the complainant woman in the vernacular language understood by her.Justice Chandra Dhari Singh observed that though the official language for court proceedings and documentation is English, the concerned authority is duty bound to...

State Must Ensure Employee's Claiming Retiral Benefits Don't Succumb To 'Procedural Rigmarole': Calcutta High Court

The Calcutta High Court has recently held that state employees should not be made to suffer due to procedure when they attempt to claim their retiral benefits.A division bench of Justices Tapabrata Chakraborty and Partha Sarathi Sen stated: Fairness and reasonableness are paramount issues for administrative action. As a model employer, the State must conduct itself with high probity and...

Gujarat HC Directs Arrest Of Cargo Ship At Kandla After Company Exporting Parboiled Rice Claims $1.4 Million Loss Due To Delay In Shipping

The Gujarat High Court in an interim order directed the custom authorities to "arrest" a cargo ship, lying at Deendayal Port, Kandla which is within Indian territorial waters, after an entity filed an admiralty suit claiming that delay in shipping of its cargo–2000 metric tonnes of parboiled rice, led it to incur financial loss of 1.4 million US dollars. A single judge bench of Justice Mauna...

S.125 CrPC Not Meant To Create An Army Of Idle People Waiting For Maintenance To Be Awarded From Income Of Other Spouse: MP High Court

The Madhya Pradesh High Court has reiterated that provision of maintenance under Section 125 CrPC was not framed by the law makers to create an "army of idle or inactive people", waiting for maintenance to be awarded from the income of the other spouse."It is nowhere manifested that able and well qualified lady has to be always dependent upon her spouse for her maintenance,” Justice...

Rajasthan HC Rejects Plea Alleging District Hospital Being Set Up Next To Land Of Municipal Board Chairman's Wife For Appreciating Its Value

Rajasthan High Court has rejected a plea alleging that the District Hospital in Deoli was being set up adjacent to the land belonging to Municipal Board Chairman's wife, in order to appreciate her land's value.The bench of Justice Avneesh Jhingan ruled that setting up a hospital is a policy decision and the Court could not sit in appeal over it.It was the case of the petitioner that the...

Resolving Family Disputes Using Criminal Law An Abuse Of Legal Processes: Rajasthan High Court Quashes Nephew's FIR Over Property Dispute

While quashing a nephew's FIR against his uncle for offences of cheating and forgery, Rajasthan High Court reiterated that using criminal justice system to settle family property issues is a misuse of legal process, unless there is a clear prima-facie evidence of criminal intent.Complainant alleged that the petitioner forged papers of his father's property to take over the same and...

Pendency Of Criminal Appeal Against Conviction In Schedule Offence Not Bar For Proceeding With PMLA Trial: Madras High Court

The Madras High Court recently observed that pendency of a criminal appeal against the conviction in a schedule offence is not a bar to proceed wit trial in the PMLA case. The court stressed that the schedule case and the PMLA case are distinct and different and thus the trial in money laundering case could not be postponed merely on the pendency of a criminal appeal in...

Criminal Accusation Doesn't Imply One Should Surrender All Comforts To Participate In Trial: Madras HC Grants Relief To Octogenarian Accused

The Madras High Court recently came to the aid of an octogenarian with Parkinsons disease by directing Special Court for CBI cases to frame charges in a case against him through video conferencing, as per Section 355 of the BNSS. Justice N Seshasayee observed that merely because a person was facing criminal accusations, it would not imply that he should surrender all his comforts...

"Painful To Stay In Indian Jails": Bombay HC Directs Complainant To Pay Rs 4.2 Lakhs Compensation To Man Wrongly Jailed At His Instance

Observing that it is most painful to stay in the overcrowded jails in India, the Bombay High Court recently while granting bail to a man 'wrongly' made an accused, ordered the complainant to pay Rs 4,20,000 to him for curtailing his freedom and for loss of his income.Single-judge Justice Sanjay Mehare, sitting at Aurangabad bench, noted that the petitioner, a labourer, was in jail from...