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Proceedings Under Sections 107 And 117 Cr.P.C. Are Preventive In Nature And Do Not Attract Bar Of Double Jeopardy: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh at Jammu has held that proceedings under Sections 107 and 117 of the Code of Criminal Procedure are preventive in nature and not punitive, and therefore do not attract the bar of double jeopardy under Article 20 of the Constitution of India.The Court dismissed a petition seeking quashing of a charge sheet, holding that the purpose of...

Allahabad High Court Upholds Rejection Of Plea Seeking 1% Senior Citizens Quota In NEET Admissions

The Allahabad High Court recently upheld a single-judge order rejecting a plea seeking 1% reservation or a special quota for eligible senior citizens in admissions to MBBS and other medical courses through the National Eligibility-cum-Entrance Test (NEET).A Bench of Justice Rajan Roy and Justice Manjive Shukla disposed of the special appeal filed by Ashok Bahar while observing that the...

Disability Not Recorded At Enrolment Presumed To Have Arisen During Service Unless Rebutted By Cogent Medical Evidence: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has upheld an Armed Forces Tribunal order granting disability pension to an Ex-Lance Naik, holding that a disability not recorded at the time of enrolment is presumed to have arisen during service unless the presumption is rebutted by cogent medical evidence.A Division Bench of Justice Sindhu Sharma and Justice Shahzad Azeem dismissed a writ...

UP Mahila Samman Kosh | Cant Deny Compensation To POCSO Survivor Citing Absence Of Injury In Medical Report: Allahabad High Court

The Allahabad High Court has observed that the absence of injuries in a medical report cannot be a ground to deny compensation to a victim of penetrative sexual assault under the Uttar Pradesh Rani Lakshmi Bai Mahila Samman Kosh Scheme, 2015.The Court observed that compensation under the scheme is payable because the victim has suffered penetrative sexual assault, and not because the...

How Can Dependants Access Bank Savings Of Coma Patients? Allahabad High Court Seeks Centre, RBI Response On Legal Framework

The Allahabad High Court has sought responses from the Union Government and the Reserve Bank of India (RBI) on whether legislation or regulatory guidelines can be introduced to provide a mechanism for dependants to access money lying in the bank accounts of patients in a comatose state.A bench of Justice Ajit Kumar and Justice Garima Prashad observed that dependants of a person in a coma...

Records Of Prime Ministers Foreign Travel In IAF Aircraft Exempt From RTI : Delhi High Court Sets Aside CIC Order

The Delhi High Court has held that details of the Special Flight Returns (SFR-II) relating to the foreign visits of the Prime Minister of India in the aircraft of the Indian Air Force cannot be disclosed under the Right to Information (RTI) Act if such disclosure could compromise national security or endanger the Prime Minister's life and physical safety.Justice Amit Mahajan observed that...

Focus On Academics: High Court Warns Student Against Repeated Frivolous Pleas Against Allahabad University, Dismisses Appeal

The Allahabad High Court recently dismissed an appeal filed by a BA student challenging the rejection of his pleas against the University of Allahabad, warning him against filing frivolous petitions and cautioning that filing such cases could invite adverse orders.A Bench of Chief Justice Arun Bhansali and Justice Kshitij Shailendra observed that the student's intention did not appear to be...