No Concept Of 'Deemed Guilt' In Service Law: Patna High Court Sets Aside Punishment Of Cop For Alleged Failure To Gather Intelligence

The Patna High Court recently observed that there is no concept of 'deemed guilt' in service law jurisprudence, and set aside the punishment imposed on a police officer.A Single Judge Bench comprising Justice Sandeep Kumar was hearing a writ petition filed by a police officer who had been punished with stoppage of salary increments for two years. The present case emanated from the seizure...

Delhi High Court Orders Removal Of Marks Bearing Chandigarh Realty Firm's 'Elante' Trademark

The Delhi High Court has ordered the removal of three trademarks, “Elante Residencies,” “Elante Group” and a device mark containing the word “Elante,” registered by Elante Residencies Limited after finding that Chandigarh-based CSJ Infrastructure Pvt. Ltd. is the prior adopter, prior user and registered proprietor of the “Elante” mark. In a judgment dated November 27,...

Kerala High Court Rejects Appeals By Centre, Catholic Congress Against 'Haal' Movie

The Kerala High Court on Friday (December 12) dismissed appeals filed by the Union Government and the Catholic Congress challenging the Single Bench's decision quashing the A-certification and cuts to the movie 'Haal'.The Division Bench comprising Justice Arvind Sushrut Dharmadhikari and Justice P.V. Balakrishnan delivered the verdict.In its appeal Catholic Congress had opposed the portrayal...

NDPS Act Has Overriding Effect Even In Customs Area: Rajasthan High Court Refuses Bail In ₹15.5 Crore Hydroponic Weed Seizure

The Rajasthan High Court recently accepted and confirmed the act of the Customs Department not invoking the provisions of the Customs Act in a case involving alleged smuggling of Hydroponic Weed from Bangkok, caught at the Airport, affirming that the NDPS Act being a special statute has overriding effect over the Customs Act, in light of its Section 80.Furthermore, the bench of Justice...

Bombay High Court Disposes Of Plea Seeking To Quash Observations Against Father Stan Swamy In Elgar Parishad - Bhima Koregaon Case

The Bombay High Court on Thursday disposed of a petition filed in December 2021 by the next of kin of Father Stan Swamy, who sought clearing the now deceased (Swamy's) name from the Elgar Parishad - Bhima Koregaon case. The plea was filed by Father Fraser Mascarenhas, the former principal of Xavier's College in Mumbai through senior advocate Mihir Desai, argued that the findings of the...

Conflicting Marriage Claims In Family Pension: Rajasthan High Court Says Civil Services Rules Need Amendments For Clarity

The Rajasthan High Court has observed that the Rajasthan Civil Services (Pension) Rules, 1996 may require appropriate amendments so that provisions relating to nomination, dissolution of marriage, and entitlement are transparent and unambiguous, leaving no room for interpretational confusion, and Justice Farjand Ali directed the Advocate General to put this in the notice of the...

Malicious Intent Apparent: Allahabad High Court Refuses To Quash Case Over Alleged FB Post Against 'Nabi Paigambar'

The Allahabad High Court recently dismissed an application seeking to quash criminal proceedings initiated against a man accused of making a Facebook post against "Nabi Paigamber" (the Prophet) of the Muslim community. The Court observed that the words employed in the post were clearly made with a "deliberate and malicious intention" of outraging religious feelings. A bench...

'Accused, Victims Haven't Challenged Chargesheets But Outsiders Filing Petitions': Delhi High Court On Pleas Seeking SIT Probe Into 2020 Riots

The Delhi High Court on Thursday remarked that the accused and victims concerning the 2020 North-East Delhi riots have not challenged the chargesheets but it is the outsiders who had filed petitions seeking SIT investigation into the violence. A division bench comprising Justice Vivek Chaudhary and Justice Manoj Jain was hearing a batch of petitions seeking independent SIT investigation into...

S. 125 CrPC | Earning Lady Able To Maintain Herself Not Entitled To Maintenance From Husband : Allahabad High Court

The Allahabad High Court recently observed that a wife is not entitled to maintenance under Section 125 CrPC if she is gainfully employed and earning a sufficient salary to maintain herself. A bench of Justice Madan Pal Singh thus set aside a Family Court order directing a husband to pay Rs. 5K as maintenance to his wife merely to "balance the income" and to equalise status between...

Suspecting Custodial Death Of Man Missing Since 2018, Allahabad High Court Converts Habeas Plea To Criminal Writ; Slams DGP

Expressing deep concern regarding the disappearance of a man missing from police custody since 2018, the Allahabad High Court on Tuesday observed that the matter may effectively be a case of "custodial death, where the policemen have murdered the missing man." Unconvinced by the explanation offered by the Uttar Pradesh Director General of Police (DGP), a Division Bench of Justice JJ...

Peaceful Expression Cannot Be Criminalized Based On Vague Allegations: Madras High Court Quashes Case Against Hindu Munnani Workers

The Madras High Court has recently quashed a case registered against members of the Hindu Munnani for participating in an alleged unlawful protest. Justice Victoria Gowri noted that the FIR did not disclose any specific act against the members and merely alleged that they had participated in a protest organised by their political organisation. The court observed that criminal law...

“Honour Killing Continues To Plague Indian Society”: Madras High Court Refuses To Grant Bail To Cop In Kavin Honour Killing Case

The Madras High Court has refused to grant bail to Saravanan, Sub Inspector of Police, accused of in the honour killing of Kavin, a techie in Tirunelveli district of Tamil Nadu. While dismissing Saravanan's appeal against the District Court's refusal to grant bail, Justice K Murali Shankar observed that honour killing continued to plague Indian society despite the...