All High Courts
Delhi High Court Calls For Streamlining Of Prosecution Of Bails, Says Higher Police Authorities Unaware Of Ground Level Work
The Delhi High Court on Friday refused to grant anticipatory bail to an accused booked in a case involving allegations of sexual assault, cruelty and domestic violence, while also expressing serious concern over the failure of the Delhi Police to file a status report despite repeated opportunities.Justice Girish Kathpalia said that it is being observed frequently that the status reports in...
Litigant Can't Disown Counsel's Statement To Reopen Case, Such Pleas Undermine Judicial Process: Punjab & Haryana High Court
The Punjab & Haryana High Court has held that a litigant cannot later disown a statement made by his counsel in court by alleging lack of instructions, terming such an attempt a “procedural heresy” and an abuse of the judicial process.Justice Sumeet Goel said, "The judicial process operates on the foundational presumption that statements made by a counsel at the Bar are made with...
Railways Liable To Pay Compensation For Loss Of 'Unborn' Child Aged 5 Months Or More In An Accident: Allahabad High Court
The Allahabad High Court has ruled that an unborn child aged five months or more in the mother's womb is treated as equal to a child in existence and the Railway would be liable to pay separate compensation for the accidental death of such an unborn child, distinct from the compensation awarded for the death of the mother. A bench of Justice Prashant Kumar thus allowed an appeal...
'Unfortunate': MP High Court Laments IAS Officer Blindly Passing Order In Illegal Mining Case Without Verifying Facts, Imposes Costs
The Madhya Pradesh High Court has quashed a penalty order passed by the Chhindwara Collector, holding that the authority acted mechanically by blindly accepting the Mining Officer's report without verifying the underlying facts, thereby wrongly fastening the liability on an unrelated person. The division bench of Justice Viviek Rusia and Justice Pradeep Mittal observed; "The petitioner has...
Gujarat High Court Upholds Man's Discharge In Adultery Case Citing SC Judgment Striking Down S.497 IPC As Unconstitutional
The Gujarat High Court has upheld an order discharging a man accused of committing adultery with another's wife in view of Supreme Court's 2018 judgment where Section 497 IPC was struck down as unconstitutional. Prior to being struck down as unconstitutional in Joseph Shine v Union of India (2018), Section 497 stated that whoever has sexual intercourse with a woman who is wife of another...
Compliance With S.41A CrPC Notice Ordinarily Bars Arrest: MP High Court Grants Anticipatory Bail In Police Constable Recruitment Scam
The Madhya Pradesh High Court has granted anticipatory bail to a man accused of acting as a middleman between Police Constable Recruitment candidates and impersonators to facilitate the illegal selection, observing that compliance with the notice under Section 41A CrPC generally operates as a bar to arrest. For context, Section 41A of the CrPC mandates a police officer to issue a notice...
Plea In Calcutta High Court Challenges 'Unprecedented' Transfers Of Bureaucrats In Bengal By ECI Ahead Of State Polls
A Public Interest Litigation has been filed before the Calcutta High Court by advocate Arka Kumar Nag challenging a series of transfer orders issued by the Election Commission of India, which have resulted in a sweeping reshuffle of the administrative and police machinery in West Bengal ahead of the State Assembly elections. The matter is likely to be taken up for hearing on Monday.As per...
Uttarakhand High Court Refuses To Quash FIR Against 'Mohammad' Deepak, Restrains Him From Posting On Social Media
The Uttarakhand High Court today restrained 'Mohammad' Deepak Kumar and others from making any statements or posting videos on social media regarding the 26 January Kotdwar incident and related cases, as it noted that the same might affect the ongoing investigation into the matter. For context, on January 26, Deepak confronted Bajrang Dal members who were allegedly objecting to a...
Delhi High Court Grants Bail To Two Accused In UAPA Terror Conspiracy Case, Cites 4 Years Long Incarceration And Limited Role
The Delhi High Court on Friday granted bail to two accused in a terror conspiracy case investigated by the National Investigation Agency, observing that their prolonged incarceration of over four years and the limited role attributed to them justified conditional release pending trial. A Division Bench comprising Justice Navin Chawla and Justice Ravinder Dudeja allowed the appeals filed by...
Delhi High Court Quashes CBI Look Out Circulars Against NDTV Founders Prannoy Roy, Radhika Roy
The Delhi High Court on Friday quashed the Look Out Circulars (LOC) opened by Central Bureau of Investigation (CBI) against NDTV's former directors and promoters Prannoy Roy and Radhika Roy in 2019.“The impugned LOC is quashed, subject to the petitioners cooperating with the investigation,”Justice Sachin Datta said.The Court said that the continued operation of the LOC against Roys amounts...
Settlement Of Landlord's One Son Doesn't Extinguish Bonafide Need Of Other: Rajasthan High Court Restores Tenant's Eviction
While upholding the eviction of a tenant, the Rajasthan High Court has held that when the eviction was sought based on bonafide need of two family members of the landlord, fulfilment of such need for one family member by some other means did not automatically extinguish the need of the other. The bench of Justice Bipin Gupta was hearing a petition challenging the order of the Appellant...