Co-Operative Society Can Refuse Membership To Buyer If Builder Sells 'Refuge Area' As Residential Flat: Bombay High Court

The Bombay High Court has held that a co-operative housing society can refuse membership to a purchaser where the builder has purported to sell a “refuge area” as a residential flat, as admitting such a person would violate Section 154B-5 of the Maharashtra Co-operative Societies Act. The Court observed that where the flats in question do not exist, and membership would exceed the number...

'Beyond Imagination How Seized Items Were Termed Contraband Without FSL Report': Patna High Court Acquits NDPS Accused After 27 Years

The Patna High Court has acquitted a man convicted under the NDPS Act, holding that the prosecution failed to prove recovery of contraband in accordance with law and that non-compliance with mandatory safeguards, coupled with evidentiary gaps, vitiated the conviction. A Single Judge Bench of Justice Alok Kumar Pandey was hearing a criminal appeal against the judgment dated 27.12.2010 passed...

Confessions Can Guide Police Investigations Even If They Can't Be Part Of Charge Sheet: Allahabad High Court

The Allahabad High Court has clarified that, as per the Supreme Court's ruling in Sanju Bansal v. State of Uttar Pradesh, even though police-recorded confessional statements can't be part of the charge-sheets, it does not prevent the police from relying on such statements to proceed in an ongoing investigation.A bench of Justice Rajiv Lochan Shukla observed so while rejecting the...

'Assault On Public Servants By A Private Individual Constitutes Offence Of Moral Turpitude': Bombay High Court

The Bombay High Court has held that assault on public servants by a private individual, particularly in the course of unlawful agitation, constitutes an offence involving moral turpitude. The Court observed that such acts reflect a breach of social duty and undermine public order, thereby falling within the concept of depravity and conduct contrary to accepted standards of society.Justice...

J&K&L High Court Orders MHA To Bring Back Minor Deported To Pakistan; Says Humanitarian Concerns Must Guide Sovereign Decisions

The Jammu & Kashmir High Court directed the Union Ministry of Home Affairs to take steps for retrieval of a minor boy who was deported to Pakistan and to consider his application for grant of Indian citizenship, emphasizing the need to balance sovereign powers with humanitarian considerations.The case arose from a writ petition filed by a government teacher from Rajouri whose son,...

Non-Disclosure Of Intelligence Identifying Activities Of OGWs Does Not Vitiate Preventive Detention: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh held that the activities of Over Ground Workers (OGWs), which are often concealed and detected through intelligence inputs, can validly form the basis of preventive detention under the Public Safety Act.The Court observed that such operatives provide foundational support to terrorist networks, including sharing sensitive information, and...

Section 166 MV Act | Not Impleading Offending Vehicle's Driver Renders Claim Defective And Non Maintainable: MP High Court

The Madhya Pradesh High Court has held that non-impleadment of the offending vehicle's driver renders a motor accident claim petition defective and non-maintainable. The bench of Justice Hirdesh observed; "...the driver of the offending vehicle is a necessary party in a claim petition under Section 166 of the Motor Vehicles Act. Nonimpleadment of the driver renders the claim petition...

Advocate May Be Member Of Several Bar Associations, But Can Only Vote Once: Calcutta HC Flags Duplicate Entries In Bar Council Election List

“An advocate may be a member of several Bar Associations, but can cast only one vote. The admitted irregularity of duplicate and cross-district voter entries is unthinkable and strikes at the foundation of a free, fair, transparent election,” the Calcutta High Court held while intervening in the final electoral roll for the Jalpaiguri Bar Association booth in the 12th West Bengal Bar...

'Can Single Member Constitute PMLA Adjudicating Authority?': Karnataka High Court Asks In ED Probe Against Partnership Firm

While hearing a challenge to money laundering proceedings against a partnership firm, the Karnataka High Court on Thursday (March 26) orally asked the Union of India and the Enforcement Directorate whether a single member can constitute the adjudicating authority under the Prevention of Money Laundering Act. The court posed the question while hearing a plea by 'Puppys Tours & Travels'...

'Suspicion Cannot Replace Proof': Patna High Court Acquits Accused In Ara Court Blast Case, Sets Aside Death Sentence

In a 176-page judgment, the Patna High Court set aside the conviction of multiple accused in the Ara Civil Court bomb blast case, holding that the prosecution failed to establish the chain of circumstances beyond reasonable doubt and reiterating that “suspicion, however strong, cannot take the place of proof.” A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice...

'Overloaded Vehicles Cannot Be Allowed To Ply Without Removing Excess Load': Patna High Court Calls For Strict Enforcement

The Patna High Court has reiterated that overloaded vehicles cannot be permitted to ply on roads and highways without removal of excess load, holding that mere imposition of fines is insufficient and strict enforcement of statutory mandates is necessary to prevent damage to infrastructure.A Division Bench comprising Chief Justice Sangam Kumar Sahoo and Justice Harish Kumar was hearing the...

Calcutta High Court Flags 39-Year Delay In Murder Case, Directs Magistrate To Commit Case To Sessions Court Within Six Weeks

The Calcutta High Court, sitting at the Jalpaiguri Circuit Bench, has expressed strong displeasure over a criminal case pending for nearly four decades without even reaching the stage of committal to the Sessions Court. Justice Jay Sengupta directed the jurisdictional magistrate to complete the committal proceedings within six weeks, calling the delay “very unfortunate” and emphasising...