Calcutta High Court Denies Relief To Excise Officer Caught While Allegedly Demanding Bribe To Grant Licence

The Calcutta High Court has refused to quash corruption proceedings against a Deputy Excise Collector accused in a trap case, holding that the existence of prima facie material showing demand and handling of tainted money must be tested at trial.Justice Apurba Sinha Ray dismissed a criminal revision filed under Section 482 CrPC seeking quashing of proceedings under Sections 7 and 13 of...

Telangana High Court Upholds Conduct Of Secret Ballot To Elect Majority Trade Union, Says Non-Filing Of Returns No Ground To Stall Process

The Telangana High Court refused to interfere with process initiated by labour authorities to conduct a secret ballot election for determining the majority representative trade union, holding that such a process is integral to industrial democracy promoting democratic representation for workmen. Justice Nagesh Bheemapaka, dismissing the writ petition filed by Sirpur Paper Mills...

Property Disputes Between Husband And Wife Fall Within Exclusive Jurisdiction Of Family Court: Allahabad High Court

The Allahabad High Court has held that only Family Court has the jurisdiction to deal with disputes (suits or other proceedings) between married couples regarding the properties owned by them. Justice Sandeep Jain held,“Explanation (c) of Section 7(1) of the Family Courts Act,1984 provides that suits or proceedings between the parties to a marriage with respect to the property of the parties...

Accused Can Withdraw Consent For Narco Analysis Before Or During The Test: Rajasthan High Court

The Rajasthan High Court has held that an accused has the right to withdraw consent right before or while undergoing the Narco analysis test, even though such consent was given earlier by him/her based on which the conduct of such test was allowed by the Magistrate. The bench of Justice Anoop Kumar Dhand held that consent once given could not be treated as irrevocable and conduct of such...

Public Liability Insurance Act | Collector Empowered To Suo Moto Invite Insurance Claims Upon Knowing Of Accident: Allahabad High Court

The Allahabad High Court has held that the Collector has the power to suo moto invite applications for insurance claims under the Public Liability Insurance Act, 1991 when he/she comes to know of an accident. Further, the Court held that Collector has the powers of the Civil Court and provisions of the Limitation Act are applicable to claims under the Public Liability Insurance Act,...

Surat Rape Case | 'Contradictions In Victim's Testimony': Narayan Sai Tells Gujarat High Court In Plea Challenging Conviction, Life Term

While arguing his plea challenging his 2019 rape conviction and life sentence, Narayan Sai told the Gujarat High Court on Tuesday (March 17) that there were several contradictions, revisions and improvements in the testimony of the prosecutrix which had not been looked at by the trial court. Victim had chance to report but did notA division bench of Justice Ilesh J Vora and Justice RT...

Rajasthan High Court Stays Arrest Of upGrad Director In Cheating Case Over Course Fee Refund Dispute

The Rajasthan High Court has stayed the arrest of directors and other employees/affiliates of Upgrad, a digital learning platform offering online higher education programs, in relation to the criminal case registered against them for cheating and criminal breach of trust. Justice Anil Kumar Upman passed the order.As per the quashing petition submitted by the petitioners, the case was...

Karnataka High Court Grants Bail To Woman Accused Of Raising 'Jai Bangla' Slogan, Notes She Later Shouted 'Jai Bharat Mata Ki Jai'

The Karnataka High Court has granted bail to a 25-year-old woman, a resident of West Bengal, who was arrested for shouting the slogan 'Jai Bangla' during a demolition drive in Bengaluru this January. The single judge bench of Justice S.Rachaiah noted that the woman had uttered 'Jai Bharath Mata Ki Jai' thrice after uttering 'Jai Bangla' once. A person had instigated the woman to shout...

J&K&L High Court Grants Bail To NDPS Accused To Attend Minor Daughter's Surgery, Says Health Issues Of Family Of Paramount Consideration

The High Court of Jammu & Kashmir and Ladakh has held that the health condition of a family member of a detenue is a matter of paramount consideration, warranting judicial intervention in appropriate cases to safeguard humanitarian concerns.The Court was hearing a bail application filed by an accused under the provisions of the NDPS Act seeking interim relief to enable him to attend to...

PMLA Bail Granted After 3 Years' Custody; Calcutta High Court Says Article 21 Can Override Twin Conditions In Cases Of Prolonged Custody

The Calcutta High Court has granted bail to an accused in a money laundering case, holding that prolonged pre-trial incarceration of over three years violates the fundamental right to personal liberty under Article 21 and can justify relaxation of the stringent twin conditions under Section 45 of the Prevention of Money Laundering Act (PMLA).Justice Suvra Ghosh observed that howsoever stringent...

Madras High Court Stays Contempt Proceedings Over Thiruparankundram Deepam Row

The Madras High Court on Tuesday (17th March), stayed the contempt proceedings pending before a single judge of the Madurai bench over non-compliance of its order directing the lighting of Karthigai Deepam at the Deepathoon (stone pillar) atop the Thiruparankundram Hills.The bench of Justice N Sathish Kumar and Justice M Jothiraman has issued the interim stay on an appeal filed by the...

Ad-Hoc Service Can't Be Ignored For Promotion If Appointment Was Not Illegal: Allahabad High Court

The Allahabad High Court has held that ad-hoc service of an employee cannot be ignored by the government for promotion if appointment was not illegal. It also held that promotion must be awarded to an employee, whose claim was illegally ignored, from the date on which his juniors were given promotion. Holding that an ad-hoc appointment made pursuant to the rules can at best be irregular and...