All High Courts
Kerala High Court Orders Operationalisation Of e-Prison Portal In Two Weeks To Prevent Prolonged Detention Of Undertrials
The Kerala High Court on Friday (February 13) issued detailed directions for ensuring that e-Prison portal is completed and made operational in a time-bound manner. It also asked the State Government to consider Kerala State Legal Service Authority's (KeLSA) Standard Operating Procedure (SOP) for implementing the Support to Poor Prisoners Scheme.The Division Bench comprising Justice...
Legal Heirs Succeed As Joint Tenants, Not Co-Tenants: Rajasthan High Court Upholds Eviction Decree
While dismissing a petition moved by successors of a co-tenant challenging execution of an eviction decree, the Rajasthan High Court held that upon death of the original tenant, legal heirs did not acquire separate or independent tenancy rights. Rather, they stepped into the shoes of the deceased tenant, and succeeded the tenancy as joint tenants.The bench of Justice Bipin Gupta further...
Bombay High Court Imposes ₹5 Lakh Cost On Litigant Seeking Protection For Illegal Structure On Public Street; Flags Inaction By Authorities
The Bombay High Court has imposed costs of Rs. 5 lakhs on a litigant who sought protection against demolition of an unauthorized structure situated on a public street, holding that a party seeking to perpetuate illegality on public land is not entitled to equitable relief. The Court observed that prolonged retention of such structures through litigation encourages similar encroachments...
Punjab & Haryana High Court Full Bench Finds No Conflict In Division Bench Rulings On Counting Of Past Service For Pension
The Full Bench of the Punjab and Haryana High Court has answered a reference on whether two Division Bench judgments concerning counting of past service for pensionary benefits were contradictory, holding that there exists no real conflict between them as they were rendered in distinct factual and statutory contexts.Chief Justice Sheel Nagu, Justice Vinod S. Bhardwaj and Justice Jagmohan...
Past Conduct Cannot Justify Continued Incarceration: J&K&L High Court Grants Bail To Alleged Ex-Hizbul Mujahideen Militant
In a reaffirmation of personal liberty and the constitutional guarantee of a speedy trial, the High Court of Jammu & Kashmir and Ladakh has held that past conduct, for which an accused has already faced prosecution and detention, cannot by itself justify continued incarceration in the absence of credible and proximate evidence linking him to the present offence.The Division Bench of...
Rajasthan High Court Flags Plight Of First-Gen Lawyers, Orders Creation Of Junior Advocates Welfare Fund For Purchasing Law Books
The Rajasthan High Court recently flagged the difficulties faced by young, first generation advocates and directed creation of a Junior Advocates Welfare Fund to facilitate purchase of law books by junior advocates of less than 28 years of age, having a practice of 1-5 years.The bench of Justice Anoop Kumar Dhand observed that the first generation young lawyers had no support to establish...
Moving From Chowkidar To MPA/FGM Passing Trade Test Is Promotion, Not Entitled For Second ACP: Calcutta HC
A Division Bench of the Calcutta High Court comprising Chief Justice Sujoy Paul and Justice Partha Sarathi Sen held that movement from the post of Chowkidar/ General Mazdoor to Motor Pump Attendant (MPA)/Fitter General Mechanic (FGM) after clearing a trade test amounts to promotion and not reclassification, hence employees who have already been promoted are not entitled to benefits...
Consent Can't Be Retrospectively Withdrawn After Consensual Physical Relationship Turns Sour: Delhi High Court
The Delhi High Court has ruled that consent given by a woman cannot be retrospectively withdrawn so as to convert a consensual relationship into a criminal offence merely because the relationship has broken down. Justice Swarana Kanta Sharma said that while law must remain vigilant in protecting women from genuine sexual exploitation, coercion, and abuse, it must equally guard against the...
Summons Served Through Mobile Phone/ WhatsApp Valid Under BNSS: Bombay High Court Sets Aside Cost Imposed On Constable
In a significant order, the Bombay High Court has held that the service of summons through an electronic mode or even through a mobile phone would be legal as it is permitted under the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS).Single-judge Justice Urmila Joshi-Phalke sitting at the Nagpur seat, quashed an order of a Special POCSO Court which had imposed costs on a constable in...
"Justice Hurried Is Justice Buried:” MP High Court Allows POCSO Accused To Summon Expert Witness, Says Quick Disposal Cannot Affect Fair Trial
The Madhya Pradesh High Court has held that an accused cannot be denied the opportunity to summon and examine forensic experts merely on technical grounds such as delay in filing an application or pendency of old cases, observing that expeditious disposal of cases cannot come at the cost of a fair trial.Justice Avanindra Kumar Singh allowed a criminal revision filed by the accused...
Beedi Rollers Engaged Through Intermediary Would Be Considered Employees, Eligible For Provident Fund: Madras High Court
The Madras High Court recently held that “beedi rollers” who have been employed through an intermediary agency would still be considered as employees under the Employees' Provident Funds and Miscellaneous Provisions Act. Justice K Surender thus refused to interfere with an order passed by the Regional Provident Fund Commissioner, holding that the beedi rollers were liable to...
'Keeping Penis Above Vagina, Ejaculating Without Penetration Isn't Rape': Chhattisgarh High Court Alters Rape Conviction
The Chhattisgarh High Court on Monday (February 16) held that keeping male organ over vagina and subsequently ejaculating without penetration cannot be called as 'rape' under Section 375 of the Indian Penal Code (IPC), which rather constitute an 'attempt to rape' and shall be punishable under Section 376/511 of the IPC.While altering a rape conviction to one for attempt to rape, the Bench...