All High Courts
Uttering Caste Names Like 'Adivasi', 'Santhal' To Humiliate Person In Public Can Constitute Offence Under SC/ST Act: Calcutta High Court
The Calcutta High Court has held that abusing a person by calling them by their caste name, such as “Adivasi” or “Santhal”, in a place within public view, with the intent to humiliate, can amount to an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Justice Ajay Kumar Gupta dismissed a criminal revision petition seeking quashing of...
Transfer Policy Only A Guiding Factor, Not Enforceable In Law; Can't Direct State To Transfer An Employee: Allahabad High Court
The Allahabad High Court (Lucknow Bench) on Wednesday dismissed a writ petition seeking a direction to the State authorities to transfer a government servant, as it noted that the transfer policy issued by the government is only for guidance and cannot be enforced through a court of law.A Bench of Justice Shekhar B Saraf and Justice Manjive Shukla observed that the transfer and posting...
Breach Of Compromise Terms By Accused Is Insufficient To Justify Cancellation Of Bail: Jharkhand High Court
The Jharkhand High Court has held that the failure to comply with the terms of a compromise or a promise to make payment is not, by itself, a ground to cancel bail once granted.A Single Judge Bench of Justice Anil Kumar Choudhary was hearing a matter in which the petitioner sought to quash an order passed by the Judicial Commissioner, Ranchi, whereby the anticipatory bail granted to...
Orissa High Court Refuses Bail To Accused In 2024 Spurious Liquor Tragedy That Claimed Five Lives
The Orissa High Court has denied bail to five persons accused of selling spurious liquor, allegedly containing ammonium nitrate and ammonium sulphate, which caused death of five persons apart from causing illness of dozen others in K. Nuagaon area of Ganjam district in August 2024.Denying any relief at this stage, the Bench of Justice Gourishankar Satapathy observed –“What is relevant at...
S.319 CrPC | Can Summon Additional Accused Only On 'Evidence' Recorded In Trial; Case Diary Material Is Irrelevant: Allahabad High Court
The Allahabad High Court recently observed that an additional accused can be summoned under Section 319 CrPC based on the evidence recorded during trial and not on the basis of the materials available in the charge-sheet or the case diary, as they don't constitute evidence.A bench of Justice Chawan Prakash thus dismissed a criminal revision petition seeking to summon the...
District Authority Can Reject Petrol Pump NOC For Violating CPCB Distance Norms From Schools: Kerala High Court
The Kerala High Court recently held that the District Authority can reject an application for No Objection Certificate under Rule 144 of the Petroleum Rules, 2002 for not maintaining minimum distance from schools and other public places in accordance with the Central Pollution Control Board's guidelines.Justice M.A. Abdul Hakhim added that since a playground is integral to the functioning...
Lateral Movement Between Posts Carrying Same Grade Pay Not A Promotion: Chhattisgarh HC
A Division Bench of the Chhattisgarh High Court comprising Justice Rajani Dubey and Justice Amitendra Kishore Prasad held that movements between posts with the same Grade Pay (like Goods Guard to Passenger Guard) are lateral inductions, not promotions. Therefore, such movements should not be counted against the limited number of MACP upgradations. Background Facts The...
Can Additional Chief Standing Counsel Represent A Private Party? Allahabad High Court Seeks Report From State Law Secretary
The Allahabad High Court on Wednesday sought a report from the Principal Secretary (Law) & Legal Remembrancer about the rights and duties of Additional Chief Standing Counsel regarding his appearance on behalf of a private party as a counsel. A bench of Justice Divesh Chandra Samant sought to know about the permissible scope of duties of State Law Officers, specifically whether an...
Income Tax | Tax Commissioner Cannot Revise Assessment On Wrong Assumption Of Amalgamation: Madras High Court
The Madras High Court has held that the Income Tax Department cannot invoke its revisionary powers under Section 263 of the Income Tax Act by proceeding on an incorrect assumption about the nature of a transaction. The court ruled that such powers cannot be exercised where a demerger is wrongly treated as an amalgamation. Dismissing the revenue's appeal, a bench of Justices Anita Sumanth...
'Will Consider': Madras High Court On CBFC's Urgent Appeal Motion Against Order To Grant U/A Certificate To Vijay's 'Jana Nayagan' Film
The Central Board of Film Certificate on Friday (January 9) urgently mentioned listing of its appeal before the Madras High Court, against single judge's order directing it to grant U/A certificate for Vijay starrer 'Jana Nayagan' movie forthwith.For context Justice PT Asha pronounced the order today at 10:30 allowing the producers' plea. Minutes thereafter, ASG ARL Sundaresan for CBFC made...
Delhi High Court Upholds Validity Of Election Symbols Order, Rejects Plea By Hind Samrajya Party
The Delhi High Court on Friday dismissed a petition seeking striking down of the Election Symbols (Reservation and Allotment) Order, 1968. A division bench comprising Justice Nitin Wasudeo Sambre and Justice Anish Dayal rejected the petition filed by Hind Samrajya Party, an Uttar Pradesh based political party. The plea sought a declaration that the Election Commission of India has no power...
Husband Maligning Wife At Her Workplace, Questioning Chastity Before Colleagues Amounts To Mental Cruelty: Calcutta High Court
The Calcutta High Court has held that a husband maligning his wife at her workplace, questioning her chastity and abusing her before colleagues, amounts to mental cruelty warranting dissolution of marriage.A Division Bench of Justices Sabyasachi Bhattacharyya and Supratim Bhattacharya observed that public humiliation, character assassination, and professional defamation inflicted by a...