All High Courts
P&H High Court Directs Haryana's Principal Secy To Personally Examine 80-Year-Old Widow's Five-Decade-Old Claim For Pensionary Benefits
Observing that the five-decades old case "reveals a saga of administrative apathy and a persistent struggle for rightful dues", the Punjab & Haryana High Court directed the concerned Principal Secretary of Haryana, to personally examine the veracity of the widow's pensionary benefit claims within two months and ensure that all lawful due to her are released “forthwith”.Justice...
Bus Driver Can't Be Held Negligent For Accident When Motorcyclist Fails To Ensure Road Is Clear Before Turning: P&H High Court
While granting acquittal in Death by negligence case, the Punjab & Haryana High Court said that the duty of care on the road applies equally to all motorists and that liability cannot be fastened on a bus driver in every case where an element of contributory negligence on the part of the other driver is apparent.The Court set-aside the conviction under Sections 304-A, 279, 427 IPC,...
Kerala High Court Directs Election Commission To Take Action Against Unauthorized Flags, Banners In Wake Of Upcoming Election
The Kerala High Court on Wednesday (November 19) directed the State Election Commission (SEC) and the District Election Officers to monitor and to take action against unauthorized installation of banners, boards and flags put up by political parties in the State.Justice Devan Ramachandran passed the direction while dealing with a review in a plea against illegal and unauthorized flags...
Supplementary Complaint Under PMLA Doesn't Require Fresh Cognizance: Madras High Court
The Madras High Court recently observed that a supplementary complaint under Section 44 of the Prevention of Money Laundering Act is not a fresh or independent complaint requiring the court to take cognisance. The bench of Justice SM Subramaniam and Justice Mohammed Shaffiq held that a supplementary complaint is a part and parcel of the main complaint for which cognisance has already...
Education Should Not Merely Be Perceived As Commercial Venture, Must Remain Noble Service: Madras High Court
The Madras High Court recently ruled against colleges charging additional tuition fees in the name of a break fee/miscellaneous fee. The court also directed the Chettinad Academy of Research and Education (CARE) University to refund the deposit made by the students with interest of 6% per annum. While doing so, Justice GK Ilanthiraiyan remarked that education must not be merely viewed as...
Final Orders U/S 125 CrPC Must Contain 'Points For Determination' As Per S. 354 (6): Allahabad High Court To UP Family Courts
The Allahabad High Court has directed all the family court across the state mandatorily frame 'points for determination' in all final orders passed under Section 125 CrPC, in compliance with Section 354(6) CrPC. A bench of Justice Madan Pal Singh also directed that its order be circulated to all District Judges and all Principal Judges of Family Courts for strict compliance. The...
POCSO Conviction Can't Be Based Solely On DNA Evidence When Prosecutrix Turns Hostile: Rajasthan High Court
The Rajasthan High Court upheld a trial court order acquitting an accused under the POCSO Act, stating that no person can be convicted solely based on the DNA report, in the absence of any specific allegations of rape/sexual assault by the prosecutrix.A written report was filed against the accused by the father of prosecutrix, alleging abduction of his minor daughter. Case was registered...
Panchayati Raj Act Overrides Regional Development Authority Act In Rural Areas: Jharkhand High Court Sets Aside Demolition Orders
The Jharkhand High Court, in a significant judgment, held that since there is an irreconcilable conflict between the Jharkhand Panchayati Raj Act and the Jharkhand Regional Development Authority Act, the Panchayati Raj Act must prevail. The Court observed that the inconsistent provisions of the Regional Development Authority Act stand impliedly repealed to the extent they conflict with...
S.324 IPC | Nature Of Victim's Wound & Cut Clothing Clearly Establish Assault, Not Accidental Fall: Himachal Pradesh High Court
In a case under Section 324 IPC, the Himachal Pradesh High Court has held that the injury sustained by the victim in the case, and the condition of his clothing, clearly disproved the accused's claim that the wound resulted from an accidental fall.Further, the Court observed that according to the medical and forensic evidence, the wound on the victim's shoulder made it evident that it was due...
'Prior Hearing Mandatory': J&K&L High Court Sets Aside Bank's Fraud Declaration Against Borrower
The High Court of Jammu & Kashmir and Ladakh has set aside a communication declaring a borrower's account as “fraud”, holding that the declaration was issued without providing the mandatory opportunity of hearing.The Court observed that the requirement of issuing a prior notice before classifying an account as fraud forms an integral part of the principles of natural justice, and...
'No Preference To Celebrities': Kerala High Court Rejects Film Director's Plea To Include His Name In Voters List Ahead Of Elections
The Kerala High Court on Wednesday (November 19) dismissed the plea filed by renowned film director, V.M. Vinu, seeking to include his name in the voters list of Kozhikode Corporation.According to the director, he was approached by the UDF to contest in the election to the Kallayi Division No.37 of Kozhikode Corporation and he reluctantly yielded to the request to contest. However, at the time...
'You're Shirking Responsibility': High Court To Delhi Govt In Plea To Hold Outdoor School Sports Events During Better Air Quality Months
The Delhi High Court on Wednesday issued notice on a plea moved by various school children seeking a direction on the Delhi Government to schedule tournaments and trials for outdoor sports in the national capital during “safer and less susceptible months” with better ambient air quality.Justice Sachin Datta sought response of the Delhi Government through Directorate of Education (DOE)...