Madras High Court Upholds ₹5 Lakh Penalty On SI For Police Brutality, Notes Her "Arrogance" In Not Filing Counter Before Human Rights Body

The Madras High Court recently refused to interfere with an order passed by the State Human Rights Commission of Tamil Nadu directing as Sub Inspector of Police to pay Rs 5 Lakh as compensation for custodial torture committed by her against a woman. The bench of Justice Anita Sumanth and Justice Mummineni Sudheer Kumar also took note of the “arrogance” of the officer in not...

Fabricated Case, Co-Accused Acquitted; Not A Single Call To Link Me To Victim: Asaram Tells Rajasthan High Court In Rape Case

In an appeal arising out of the conviction of self-styled godman Asaram, the defence challenged the credibility of the prosecution witnesses, particularly the parents of the prosecutrix, contending that their testimonies were riddled with contradictions, embellishments and demonstrably false claims which strike at the root of the prosecution's case.Counsel argued that the parents were fully...

'What Is The Judicially Manageable Standard?': Delhi High Court Questions PIL Challenging Rajya Sabha Nomination Of C Sadanandan Master

The Delhi High Court on Wednesday questioned a public interest litigation filed against nomination of veteran BJP leader C Sadanandan Master to the Rajya Sabha, alleging that he lacks demonstrable special knowledge or practical experience as required in law. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia asked if there is any judicially manageable standard...

Dying Declaration Proves Assailant, Not Intention To Kill: Gujarat High Court Converts Murder Conviction To Culpable Homicide

The Gujarat High Court modified a murder conviction into culpable homicide not amounting to murder, holding that although the dying declaration established the accused's role in causing injuries, the overall circumstances reflected absence of intention to kill.Allowing the appeal partly, the Division Bench of Justice Ilesh Vora and Justice R.T. Vacchani specifically observed:“While the...

'Purpose Defeated': Kerala High Court Orders Discontinuation Of Kannur Corporation's 60 Year-Old-Siren Installed During Indo-Pak War

The Kerala High Court recently passed a judgment ordering the stoppage of Kannur Corporation's 60-year-old siren, which was installed in 1965 during the Indo-Pakistan war as a civil defence mechanism.The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. was considering a public interest litigation praying to discontinue the operation of the high-intensity siren.Allowing...

Once Non-Cognizable Report Is Registered, Police Can't Lodge FIR Based On Second Complaint Without Giving Reasons: Karnataka High Court

The Karnataka High Court quashed an FIR against a man for intimidating a woman, after noting that the FIR was registered on the basis of the second complaint and not on the basis of a Non Cognizable Report registered earlier. The petitioner had challenged an FIR for the offences punishable under IPC Sections 341(wrongful restraint), 427(mischief causing damage to property amounting to ₹50)...

Order 43 Rule 1(c) CPC | Appeal Maintainable Against Rejection Of Delay Condonation In Plea For Restoration Of Suit: Gujarat High Court

The Gujarat High Court has held that an appeal under Order 43 Rule 1(c) CPC is maintainable against an order rejecting condonation of delay in filing an application for restoring a suit which was dismissed for default, holding that such rejection effectively amounts to dismissal of the restoration application itself.The question involved petition was whether a Civil Miscellaneous Appeal...

Anna University Moves Madras High Court Against Revocation Of Ex-VC's Suspension By Governor

The Anna University, through its Registrar, has approached the Madras High Court challenging an order passed by its Chancellor (Governor) revoking the suspension of former Vice Chancellor Dr R. Velraj. Justice Dhandapani admitted the plea on Tuesday (24th February) and issued notices to the Chancellor and Velraj. The University submitted that Velraj was working as the Vice...

Litigants Can't Plead Ignorance When Judgments Are Uploaded Online: Gujarat High Court Refuses To Restore Suit Dismissed For Default

The Gujarat High Court upheld a trial court order which refused to condone delay of 14 months and 15 days to restore a civil suit which was dismissed for default, observing that litigants cannot evade responsibility by blaming their advocates claiming ignorance of court orders uploaded online in the digital era. Emphasizing the duty of litigants to remain vigilant about their own cases,...

Unregistered Nikahnama, Lack Of Marriage Photo Or Service Record Entry Can't Defeat Widow's Pension Claim: Gujarat High Court

The Gujarat High Court has held that denial of family pension on the ground that the marriage was not solemnized as it was not reflected in the employee's service records or supported by photographs is “highly improper and unjust”.In doing so the court directed the Ahmedabad Municipal Corporation to treat the petitioner as the legally wedded wife of the corporation's deceased employee...

Rajasthan HC Enhances Compensation To ₹78 Lakh In MBBS Final-Year Student's Accidental Death, Applies Notional Income of ₹50K Per Month

The Rajasthan High Court has enhanced the compensation from around Rs. 50 Lakhs to Rs. 78 Lakhs in favour of the family of a 23-year old final year MBBS student who passed away in an accident in the year 2015. The bench of Justice Anoop Kumar Dhand referred to the Supreme Court case of Bishnupriya Panda v. Basanti Manjari Mohanty & Anr. that dealt with an identical factual situation,...

'Why Are Your Officials Left Out Of FIR?': Karnataka High Court Questions Bank For Giving ₹2 Crore Loan Over 'Non-Existing' Property

While hearing a case challenging a cheating FIR wherein a loan was offered for a property which allegedly does not exist, the Karnataka High Court on Tuesday (February 24) orally questioned the bank for not making allegations against it officials adding that without their connivance the alleged offence could not have been committed. The court further orally questioned as to why...