All High Courts
“Drug Traffickers Inflict Deadly Blow On Youth”: J&K&L High Court Rejects Bail In Commercial Quantity NDPS Case
The Jammu & Kashmir and Ladakh High Court has reiterated that drug traffickers inflict a deadly blow on the youth and are a hazard to society, and the social cost of permitting such offenders to re-enter the community, even temporarily, is immeasurable.With these observations, Justice Wasim Sadiq Nargal on Friday dismissed the bail application of a 27-year-old accused from whose possession...
“Toil Without Wages Strikes At Heart Of Human Dignity”: Karnataka High Court Directs Release Of 19 Months' Pending Salary To Govt Teachers
In a case concerning government teachers who had not been paid their salaries for 19 months, the Karnataka High Court recently said, “To force these teachers or indeed any employee, to toil without wages strikes at the very heart of human dignity and stands in stark violation of Article 23 of the Constitution of India, which proscribes begar in all its forms.”Justice M. Nagaprasanna made...
Contracting Second Marriage During Subsistence Of First Constitutes Grave Misconduct Justifying Compulsory Retirement: Andhra Pradesh High Court
A Division Bench of the Andhra Pradesh High Court comprising Justice Battu Devanand and Justice A. Hari Haranadha Sarma held that contracting a second marriage during the subsistence of the first marriage constitutes grave misconduct under Rule 21 of the CCS (Conduct) Rules and Rule 18(b) of the CISF Rules, justifying penalties such as compulsory retirement for members of...
Senior Citizens Playing Cards In Their House Booked Under Gambling Act, Bombay High Court Suggests Them To Settle With Complainants
The Bombay High Court on Monday (November 24) stayed proceedings in an FIR lodged against five senior citizens booked for allegedly playing cards in their house under the Bombay Prevention of Gambling Act.The court was hearing a writ petition seeking quashing of the FIR lodged under Sections 4 (which punishes keeping of a common gaming house) and 12(A) of the Act. Section 12A states that a...
'Would Be Menace To Society If Released': SIT Opposes Before Karnataka High Court Prajwal Revanna's Plea To Suspend Sentence In Rape Case
Opposing convicted former MP Prajwal Revanna's plea for suspension of life sentence and grant of bail in a rape case, the Special Investigation Team told the Karnataka High Court on Monday (November 24) that if enlarged on bail he is not only likely to indulge in similar offences but would also be a menace to the society.Special Public Prosecutor Professor Ravivarma Kumar arguing for the...
'Absence Of Rules Can't Justify A Ban; State Can't Go Beyond Motor Vehicles Act': Aggregators, Bike-Taxi Owners To Karnataka High Court
The Karnataka High Court today resumed hearing the appeals filed by transport aggregators [Rapido, Uber and Ola] against a single-judge order that had barred bike-taxi operations in the State until guidelines were framed under the Motor Vehicles Act, 1988. Before a bench of Chief Justice Vibhu Bakhru and Justice C M Joshi, Ola, Uber and a group of bike taxi owners, primarily contended...
Police Can't Refuse To Register FIR On Land Dispossession Complaints By SC/ST Community By Terming It As Civil Dispute: Madras High Court
The Madras High Court recently noted that the police could not refuse to register FIR based on complaint made by members belonging to Scheduled caste and Scheduled tribe communities alleging dispossession of land, by terming it as civil disputes. Justice Victoria Gowri noted that as per Section 18A of the Schedules castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989,...
'Investigating Agency Has No Power To Debit Freeze Bank Account U/S 106 BNSS': Bombay High Court
The Bombay High Court has held that an investigating agency has no authority to debit freeze or attach a bank account under Section 106 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The Court observed that Section 106 merely empowers the police to seize property for the purpose of investigation, whereas attachment of proceeds of crime can be effected only under Section 107 upon an...
'Right To Education Can't Be Hindered': MP High Court Orders Admission Of Type-1 Diabetic Student; Cites Examples Of Global Sporting Icons
The Madhya Pradesh High Court has directed the Laxmi Bai National Institute of Physical Education to grant admission to a student with Type 1 diabetes in the B.P.Ed course, noting that his exclusion was arbitrary and discriminatory. The division bench of Justice Anand Pathak and Justice Pushpendra Yadav further emphasised that the right to pursue education cannot be hindered or forfeited due to...
Dismissal Of SLP Does Not Attract Doctrine Of Merger Though Reasons Stated May Operate As Declaration Of Law Under Article 141: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has observed that dismissal of a Special Leave Petition (SLP), whether by a speaking or non-speaking order, does not lead to merger of the impugned order with the Supreme Court's order. The Court observed that only when leave is granted and appellate jurisdiction is exercised does the doctrine of merger apply.The Court was hearing two review...
'Right To Shelter Not A Shield Against Development': Orissa High Court Upholds Acquisition Of Shantipalli Slum For Redevelopment
The Orissa High Court has dismissed a batch of writ petitions filed by Shantipalli slum-dwellers challenging the action of the government in declining to settle the land in their favour in respect of Shantipalli Basti/Slum, situated at Saheed Nagar in the capital city of Bhubaneswar.A Bench of Dr. Justice Sanjeeb Kumar Panigrahi upheld the decision of the State government to acquire the slum...
'Mere' Incarceration Of Two And A Half Years Not Grounds For Bail Under UAPA: Patna High Court
The Patna High Court recently held that cases involving threats to national security and public safety cannot be equated with ordinary criminal matters, and that “mere incarceration” of two and a half years cannot entitle an accused to bail where national security concerns are involved.A Division Bench of Justice Rajeev Ranjan Prasad and Justice Sourendra Pandey made these observations...