All High Courts
Punjab & Haryana High Court Seeks Explanation From Judge Over Delay In Trial; Summons Public Prosecutor, District Attorney
The Punjab and Haryana High Court has expressed strong displeasure over a five-year delay in framing of charges in a criminal case, observing that both the trial court and the prosecution appeared to be “highly negligent” in performing their duties.The Court was informed during the course of arguments that the challan in the case had been presented on 31.07.2021 and that, since then,...
Calcutta High Court Refuses Probate Of 2001 Will, Cites Contradictory Witness Testimony; Due Execution Not Proved Under Succession Act
The Calcutta High Court has refused to grant probate of a 2001 Will in a contentious family dispute, holding that the propounder failed to prove its due execution in the manner mandated under Section 63 of the Indian Succession Act and Section 68 of the Evidence Act. Delivering judgment in a testamentary suit, Justice Sugato Majumdar observed that when suspicious circumstances surround...
Orissa High Court Directs DGP & Home Department To Train Police Officers To Mandatorily Provide Written Grounds To Arrestees
The Orissa High Court has raised concerns about repeated cases of non-compliance of mandatory constitutional as well as procedural requirements, under Article 22(1) of the Constitution and Section 47 of the Bharatiya Nagarik Suraksha Sanhita (akin to Section 50, CrPC) respectively, by police officers to provide grounds of arrest while arresting any person.A Bench of Justice Gourishankar...
Re-Testing Of NDPS Samples Cannot Be Allowed Routinely, Haphazardly Importing Rights From Other Statutes Impermissible: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court has held that Re-testing may be an important right of an accused, but its mechanical and haphazard import from other legislations without the accompanying statutory restrictions is impermissible.The court underscored that under the NDPS Act, re-testing cannot be permitted as a matter of routine and is strictly barred in the absence of compelling...
Blacklisting Contractor Has Civil Consequences, Mandatory Debarment Procedure Can't Be Bypassed: Calcutta High Court
Observing that blacklisting of a contractor has serious civil consequences and must strictly follow the prescribed statutory procedure, the Calcutta High Court set aside a six-month debarment imposed by a Panchayat Samiti, holding that the action was taken in breach of both the Standard Bid Document and principles of natural justice. Justice Kausik Chanda ruled that the multi-stage mechanism...
No Requirement To Take Signature Of Accused On Record Of Test Identification Parade: Karnataka High Court
The Karnataka High Court has observed that there is no mandate to take signature of the accused on the record of the test identification parade conducted in respect of an offence. The Court was hearing a man's bail plea booked for offence under Section 311 (robbery, dacoity with attempt to cause grievous hurt) BNS. The prosecution had alleged that when the complainant was walking on a road,...
'Kerala Doesn't Have Dignity As Such, Dignity Is Of India': Kerala Story 2 Producer To High Court
Producer of The Kerala Story 2: Goes Beyond has objected to the locus standi of the petitioners who have moved pleas before the Kerala High Court challenging the censor certification granted to the film, over alleged defamation of the State.The senior counsel appearing for the producer submitted before Justice Bechu Kurian Thomas that the pleas are in the nature of public interest and...
“Sending Appellant To Jail After 42 Years Not Expedient”: Calcutta High Court Releases Essential Commodities Act Convict On Probation
Holding that sending a man to jail more than four decades after the alleged offence would serve no meaningful purpose, the Calcutta High Court released an Essential Commodities Act convict on probation while upholding his conviction. Justice Ananya Bandyopadhyay observed that requiring the appellant to undergo imprisonment at this stage, nearly 42 years after the incident, would not...
Procedural Lapse By ICC Can't Extinguish Sexual Harassment Complaint: Gauhati High Court Orders Fresh Inquiry Under POSH
The Gauhati High Court has held that procedural lapses or inaction on the part of an Internal Complaints Committee (ICC) cannot defeat an aggrieved woman's substantive statutory right to seek redress under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). Dismissing a challenge to the revival of ICC proceedings, Justice Devashis Baruah...
J&K&L High Court Issues Notice On PIL Alleging Non-Implementation Of Public Service Guarantee Act, Seeks Response From UT Govt
The Jammu & Kashmir and Ladakh High Court issued notice in a Public Interest Litigation seeking effective implementation of the Jammu & Kashmir Public Service Guarantee Act, 2011 (PSGA) and the Rules framed thereunder.A Division Bench comprising Chief Justice Arun Palli and Justice Rajnesh Oswal was hearing the PIL filed by Sheikh Ghulam Rasool, a doctor, environmentalist and...
Periodical Medical Checkup Is Right Of Every Prisoner Under Article 21: Madras High Court
The Madras High Court recently observed that every prisoner has a right to periodical medical check-ups and the same forms part of the fundamental rights enshrined in Article 21 of the Constitution. “We hold that every prisoner has a right to have a periodical medical check up which would fall within the scope of Article 21 of the Constitution of India. Such check ups...
'People Need Open Spaces': Kerala High Court Pulls Up Development Authority Over Kiosks On Queen's Walkway, Orders Status Quo
The Kerala High Court on Tuesday (February 24) orally remarked that the people in Ernakulam are being harmed with the conversion of areas kept aside for public benefit into commercial spaces, including the proposed construction of 20 kiosks in the Queen's Walkway.Justice Bechu Kurian Thomas was considering a plea preferred by the Tritvam Apartment Owners Association and its President,...