All High Courts
'Demoralising': Allahabad HC Judge Requests Removal From Bail Roster Following Supreme Court's Criticism Of His Order
Allahabad High Court judge Justice Pankaj Bhatia today passed an order requesting the Chief Justice NOT to assign him the Bail Roster in future. The move comes just 4 days after the Supreme Court termed one of his bail orders (in a Dowry Death case) as "most shocking and disappointing".Justice Bhatia said that the Apex Court's remarks had a "huge demoralising and chilling effect" upon him....
Delhi High Court Asks Centre To Consider Plea Seeking Mandatory Disclosure Of Cryptocurrencies By Election Candidates
The Delhi High Court has asked the Union Government to decide a plea seeking mandatory disclosure of cryptocurrencies and other virtual digital assets by election candidates in their nomination affidavits.A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia asked the Centre to take an informed decision as expeditiously as possible, within six months.The Court closed...
Madras High Court Upholds Conviction Of Pastor For Sexually Assaulting Disabled Minor
The Madras High Court recently upheld the conviction of a pastor for sexually assaulting a minor who had physical and intellectual disability. The bench of Justice GK Ilanthiraiyan and Justice R Poornima held that the circumstances, the testimony of victim, and failure of the accused to rebut the statutory presumption established his guilt. The court was hearing an appeal filed by a...
Extra-Judicial Panchayat Confession Is No Evidence Against Co-Accused Unless Strictly Proved & Corroborated: J&K&L High Court
Reinforcing a core principle of criminal jurisprudence that a confession not recorded before a Magistrate has no substantive evidentiary value and cannot, by itself, be used to convict a co-accused, the High Court of Jammu & Kashmir and Ladakh has dismissed a criminal appeal against acquittal, holding that an alleged Panchayat confession being exculpatory, unproved, and uncorroborated...
Centre Can Issue 'Leave India Notice' To Foreign National Residing On Employment Visa Obtained Through Fraud: Karnataka High Court
The Karnataka High Court has upheld the 'Leave India' notice issued to an Australian national who was residing on an Employment Visa, noting that the visa was obtained via misrepresentation as no process for recruiting local talent for the post was conducted.It held that the Leave India notice was not vitiated for violation of principles of natural justice and the petitioner, as a...
Undenied Pleadings Are Deemed Admitted By Implication Under CPC: J&K&L High Court
Holding that undisputed pleadings amount to admission in law, the High Court of Jammu & Kashmir and Ladakh has ruled that where a respondent fails to specifically deny material factual assertions made in a plaint or writ petition, such facts are deemed to be admitted by implication in terms of Order VIII Rules 3 and 5 of the Code of Civil Procedure.Applying this principle, the Court...
Punjab & Haryana High Court Denies Bail In 5,700 Kg Psychotropic Drugs Case, Says Corporate Licences Can't Shield NDPS Violations
The Punjab and Haryana High Court has dismissed eight connected regular bail petitions arising out of a massive seizure of over 1.37 crore psychotropic tablets, holding that the rigours of Section 37 of the NDPS Act are clearly attracted and that licensed pharmaceutical operations cannot, at this stage, dilute the gravity of organised diversion allegations.Justice Sumeet Goel said, "The grant...
Statements Made By Parties' Counsel Acting As Authorised Agents Are Binding & Operate As Estoppel: J&K&L High Court
Reiterating a fundamental principle governing courtroom proceedings, the High Court of Jammu & Kashmir and Ladakh has held that statements and consent given by advocates, acting as authorised agents of litigants, are binding on the parties and operate as an estoppel in law. The Court made it clear that once an order is passed with such consent, a party cannot subsequently challenge it...
Kerala High Court Upholds Conviction Of Deceased Public Servant For Corruption, Orders Recovery Of Fine From His Legal Heirs
The Kerala High Court, in a recent ruling, upheld the conviction of two for their involvement in a corruption case relating to the Kulasekharapuram Irrigation Project.Justice A. Badharudeen dismissed the appeal filed by one of the accused whereas modified the sentence passed against the other accused since he was no more.The prosecution case is that the Superintending Engineer hatched a...
Punjab & Haryana High Court Refuses To Quash Arrest Warrants Issued Against Absconding AAP MLA In Alleged Rape Case
The Punjab and Haryana High Court has refused to quash arrest warrants and proclamation proceedings issued against Aam Aadmi Party MLA Harmeet Singh Pathanmajra in a rape and cheating case.Justice Tribhuvan Dahiya said, "the petitioner, who is accused of serious and heinous offences, has deliberately disregarded the investigative process and is absconding. He is also accused of slipping out...
Allahabad High Court Flags Delayed Pregnancy Detection In Rape Cases, Says SOPs For MTP Upto 24 Weeks Not Effectively Implemented
Recently, while dealing with a suo moto public interest litigation arising out of writ petition whereby a POCSO victim sought termination of pregnancy, the Allahabad High Court observed that though Standard Operating Procedures are in place for medical termination of pregnancies upto 24 weeks, the Courts are still faced with petitions which are filed by rape victims who often gain knowledge...
Born In India To Pakistani Mother, No Long-Term Visa: Telangana HC Seeks Authorities' Reply In Hyderabad Man's Plea Against Police's Home Visits
The Telangana High Court on Tuesday considered a writ appeal filed by a Hyderabad resident claiming to have been born in India, challenging domiciliary visits conducted by the Special Branch Police on the ground that he does not possess a long-term visa.The court permitted the impleadment of the passport authorities and directed the concerned authorities to seek instructions in the...