Police Lack Power To Probe Food Adulteration Under FSS Act: Rajasthan High Court Quashes FIR, Says Only Food Safety Officers Can Proceed

The Rajasthan High Court has reiterated that the police, appointed under the Police Act, does not have powers to investigate offences in relation to food adulteration punishable under the Food Safety and Standards Act, 2006 (“the Act”).The bench of Justice Anoop Kumar Dhand was hearing a petition seeking quashing of offences against the petitioner under Section 272, 273 and 420 of IPC,...

No Sexual Overtone: Gauhati High Court Quashes S.354 IPC Charge Against MLA Jignesh Mevani Accused Of Outraging Woman Cop's Modesty

The Gauhati High Court has discharged Gujarat MLA Jignesh Mevani from the charge of outraging the modesty of a woman police officer, holding that the materials collected during investigation did not reveal any act carrying a sexual overtone capable of attracting Section 354 IPC. The court however retained the charged against Mevani under IPC Section 352 (Punishment for assault or criminal...

Contingency Driver Not Entitled To Seek Regularisation Or Promotion Against Direct Recruitment: Gauhati High Court

The Gauhati High Court has held that a contingency driver cannot claim either regularisation or promotion into a vacancy that is earmarked for direct recruitment under the applicable Recruitment Rules and the post-based roster. Presiding over the case, Justice Manish Choudhury, observed, “Though a right to be considered for promotion is a fundamental right but such right to be considered...

MP High Court Rejects Journalist's Plea To Quash FIR Over WhatsApp Message Claiming Beef Consumption Essential For Being Good Hindu

The Madhya Pradesh High Court has dismissed a journalist's plea seeking quashing of an FIR for allegedly forwarding a seven-page message in a WhatsApp group claiming that beef consumption is essential for being a good Hindu. The bench of Justice Milind Ramesh Phadke observed that the matter involves allegations of publication or circulation of material capable of hurting religious sentiments...

Allahabad HC Revives 1988 Episode Of SP 'Threatening' To Drag Judge To Police Station; Seeks His Whereabouts, Details On Action Taken

In an uncommon order, the Allahabad High Court recently sought to revive a 37-year-old issue involving a former Superintendent of Police (SP) who allegedly threatened to 'drag' a sitting Sessions Judge to police station during the trial of the case. Taking a serious view of the 'damning' remarks recorded by the presiding officer in the decades-old judgment, a Bench of Justice JJ Munir...

FEMA Summons Governed By CPC, Not CrPC; ED Can Call Women To Office For Recording Their Statement: Delhi High Court

The Delhi High Court has held that the summons issued for discovery and production of evidence under the Foreign Exchange Management Act, 1999, are governed by Code of Civil Procedure and not Code of Criminal Procedure. Justice Neena Bansal Krishna said that the powers under Section 37 of FEMA are analogous to those under Section 131 of Income Tax Act, which is governed by the Civil Code....

Madras High Court Permits Lighting Of Lamp At Thiruparakundram Hills, Says It Won't Affect Rights Of Dargah Or Muslims

The Madras High Court has permitted the lighting of lamps (Karthigai deepam) at the Deepathoon (stone lamp pillar) atop the Thiruparakundram hills. Justice GR Swaminathan primarily observed that the deepathoon was not located in the area that belonged to the Muslims and thus lighting the lamp would not affect the rights of the community. At the same time, the court added that not...

After Repeated Filing Lapses, Allahabad High Court Directs Registrar General To Ensure Defects Are Cured Before Listing Pleas

The Allahabad High Court recently issued a direction to the Registrar General to look into the issue of repeated cases where defects in the petitions were not pointed out by concerned section at the time of filing of writ petitions. A bench of Justice Saurabh Shyam Shamshery also directed the officer concerned that before presenting any petition to the Court, Registrar General...

To Curb Increasing Corrupt Practices, No Immunity Should Be Accorded Even To A Retired Govt Employee: Allahabad High Court

The Allahabad High Court recently observed that to curb the rapidly increasing corrupt practices in Government Departments in order to extend facilitation or favoritism for some vested reasons, no immunity should be accorded even to a retired person. The observation was made by a bench of Justice Manju Rani Chauhan while dismissing a writ petition filed by a retired Technical...

'Fraud on Constitution; No Caste System In Christianity': Allahabad HC Directs Statewide Probe Into Converts Retaining SC Status

In a significant order, the Allahabad High Court has issued a sweeping direction to the entire administrative machinery of Uttar Pradesh to ensure that individuals in the state who have converted to Christianity do not continue to avail benefits meant for Scheduled Castes (SC). Observing that the retention of SC status after conversion amounts to a "fraud on the Constitution", the...

Criminal Antecedents In Bar Pose Threat To Rule Of Law: Allahabad High Court Seeks Details Of Cases Pending Against Advocates In UP

Invoking the High Court's jurisdiction under Article 227 of the Constitution, the Allahabad High Court last week directed the Director General of Police, Uttar Pradesh and the Director General of Police (Prosecution) to submit comprehensive statewide data on criminal cases pending against advocates enrolled with the Bar Council of Uttar Pradesh. A bench of Justice Vinod Diwakar sought...

'Depriving Affordable Housing Violates Right To Life': P&H High Court Imposes ₹1 Lakh Cost On HSVP For Cancelling Plot Arbitrarily

The Punjab & Haryana High Court has come down heavily on the Haryana Shahari Vikas Pradhikaran (HSVP) for arbitrarily cancelling plot allotments made through an e-auction and refunding the entire consideration without notice, reason or any speaking order. Terming the action “unjustified, arbitrary and a clear example of mala fide”, the Court has directed restoration of allotments...