'Allegations Are Unpardonable': Karnataka High Court Refuses To Quash POCSO FIR Against Teacher Accused Of Sexually Assaulting Student

The Karnataka High Court on Thursday [June 4] declined to quash a POCSO case against a school headmaster accused of sexually assaulting a 15-year-old student, observing that the allegations levelled against him are 'unpardonable'.The single judge bench of Justice M. Nagaprasanna, hearing the quashing plea moved by the accused and asked him to seek discharge before the trial court. “…You...

Unilaterally Revoking Building Permission After Substantial Construction Without Proof Of Fraud Violates Right To Property: MP High Court

While quashing the revocation of building permission and demolition order issued by Indore Municipal Corporation, Madhya Pradesh High Court observed that once the body had granted valid building permission upon which parties undertook construction, it cannot subsequently revoke the permission in the absence of any proof of fraud.In doing so the court said, that such conduct would violate...

Centre's Consent For Remission Necessary Only When Sentence For Offence Under Central Act Is Continuing: Madras High Court

The Madras High Court recently observed that the consent of the Central Government would be required in cases of remission only when the period of sentencing under the Central Act is still pending. The bench of Justice Anita Sumanth and Justice Sunder Mohan thus held that when the period of sentence under the Central Act has been served by a convict, the approval from the Central...

Kerala High Court Advocates Association Warns Of Action Against Lawyers Making Reels In & Around Court Premises

The Kerala High Court Advocates' Association (KHCAA) has issued a notice on June 3 warning lawyers against making and sharing of reels and videos in the High Court premises.In the notice, the KHCAA has stated that such acts do not keep with the dignity and ethics of advocates. It also referred to Section 49(1)(c) of the Advocates Act and the Bar Council of India Rules, which prohibits...

Proposed Eviction At Malayodamthuruthu: Kerala High Court Grants State 2 Weeks For Resolution, Restrains Munsiff Court From Passing Orders

The Kerala High Court on Thursday (June 4) further extended the time granted to the State to resolve the issue over proposed eviction of families residing in the contentious Malayodamthuruthu in Ernakulam district.For context, on May 25, a period of 2 weeks was granted to the State, after it was submitted that efforts are being made to peacefully resolve the issues.Today, Justice T.R....

Food Sample Can Be Referred To Referral Laboratory Without Prior Hearing If Designated Officer Records Reasons: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that where a Designated Officer records reasons showing that an initial food analysis report is incomplete or erroneous due to omission of crucial safety parameters, the sample can validly be referred to a Referral Laboratory under Rule 2.4.3 of the Food Safety and Standards Rules, 2011, and no prior hearing to the food business operator...

Subsequent Penalty Cannot Affect Promotion Against Vacancies That Arose Prior To Issuance Of Punishment Order: Rajasthan High Court

Rajasthan High Court held that the effective date for calculating past 7 years' record of government employee for consideration of promotion would start from the date vacancy accrued for the concerned promotion, and not the date of the incident against which disciplinary proceedings are initiated. The bench of Justice Anand Sharma observed that any penalty had an impact on the promotion to...

O.31 R.5 General Rules 2018 | Mandatory To Serve Summons To Armed Forces Personnel Through Commanding Officer: Rajasthan High Court

Rajasthan High Court has said that an armed forces personnel–posted as a Soldier, Sailor or Airman, must be served summons for service of a case through their commanding officer as provided under General Rules (Civil & Criminal) 2018. The court was considering the question 'Whether the service of summons upon a person, who is posted as Soldier, Sailor or Airman in the Armed Forces can...

Hybrid Hearings, Car Pooling & Virtual Meetings : Allahabad High Court Introduces Austerity Measures

In a bid to promote resource efficiency and reduce fuel consumption, the Allahabad High Court has introduced a series of austerity measures for its principal seat at Prayagraj and the Lucknow Bench. The measures have been rolled out by the Chief Justice, pursuant to a letter from the Chief Justice of India and an Office Memorandum from the Government of India, with a focus on...

Rajasthan HC Expresses Surprise On Refusal For Complainant's Narco-Test Citing Language Barrier Despite Consent, Orders Fresh Murder Probe

Rajasthan High Court expressed shock at the refusal of the concerned authority from conducting narco-test of the complainant in a murder case–who had consented to the same, on the ground that he was not fluent in Hindi. Rather the authorities were required to depute someone who was acquainted with the mother tongue of such witness/suspect or victim, in whose presence the test could be done,...

Mere Mention Of Word 'Dead' In Small Font Against Party's Name Doesn't Satisfy Duty To Inform Under Order 22 Rule 10-A CPC: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that merely mentioning the word “dead” against the name of a deceased respondent in a small font, without specifying the date of death, does not amount to compliance with the obligation cast upon counsel under Rule 10-A of Order XXII of the Code of Civil Procedure, 1908.The Court observed that such conduct reflected a...

MP High Court Directs Inquiry Against Investigating Officer For Arresting Accused In Illicit Liquor Case Based On Unverified Evidence

The Madhya Pradesh High Court has directed the Superintendent of Police, Alirajpur, to initiate an inquiry against the investigating officer who arrested an accused in an illicit liquor transportation case, allegedly based on a truck sale agreement that was never examined by the notary or the witnesses. The bench of Justice Jai Kumar Pillai observed that an inquiry was warranted to ensure...