All High Courts
Borrowing Department Can Repatriate Deputationist On Grounds Of Unsuitability Without Conducting Full Departmental Probe: MP High Court
The Madhya Pradesh High Court, while dismissing the petition of a government employee challenging premature repatriation to his parent department, observed that repatriation of a government employee to their parent department based on mere satisfaction of the competent authority is valid. The bench of Justice Jai Kumar Pillai was considering whether the curtailment of the petitioner's...
S.133 CrPC | Evidence Adduced In Proceedings For Removal Of Nuisance Needs To Be Reliable, Not Conclusive In Nature: Allahabad High Court
The Allahabad High Court has held that the proceedings for removal of nuisance under Section 133 CrPC are summary in nature and requires “any reliable evidence” not conclusive evidence for deciding the application regarding alleged nuisance. Dr. Justice Ajay Kumar-II held,“The proceedings under section 133 of Cr.P.C. are summary in nature and are meant for the cases of imminent danger...
Death Of 11 Girls After Staircase Collapsed In Hostel: Gujarat High Court Discharges Engineers Of Culpable Homicide, Adds Negligence Charge
The Gujarat High Court discharged four engineers of culpable homicide booked for death of 11 girls who died after a staircase collapsed in the government girls hostel in 2007, noting that there was no intention or knowledge on their part to invoke Section 304IPC. The court however charged the accused persons for causing death by negligence under IPC Section 304A noting that the probe...
TMC MP Abhishek Banerjee Moves Calcutta High Court To Quash FIR Over Allegedly Objectionable Remarks At Poll Rally
Trinamool Congress national general secretary and MP Abhishek Banerjee has approached the Calcutta High Court seeking quashing of an FIR registered against him over allegedly objectionable remarks made against Union Home Minister Amit Shah during an election rally.The petition is likely to come up for hearing before Justice Saugata Bhattacharya this week.According to the plea, the FIR...
Appellate Court Must Examine Merits Of Conviction While Considering Bail; Cannot Merely Interpret S.430 BNSS As Directory: Uttarakhand HC
The Uttarakhand High Court has held that while considering an application for suspension of sentence and bail in a statutory criminal appeal, the Appellate Court is required to examine the merits of the conviction instead of merely interpreting whether Section 430(1) of the BNSS is directory or mandatory. The Court observed that once the appeal against conviction had been admitted, the...
High Court Can't Enhance Or Reduce Maintenance Amount In Revisional Jurisdiction; Remedy Lies U/S 146 BNSS: Allahabad HC
The Allahabad High Court has clarified that it cannot directly increase or decrease a maintenance amount while dealing with a plea under its revisional jurisdiction. A bench of Justice Achal Sachdev observed that the proper remedy for the modification or alteration of maintenance allowance due to changed circumstances lies solely under Section 146 BNSS, which is pari materia with...
Political Opinion Can't Be Removed Merely Because It's Inconvenient: Madras HC Stays TN Police's Notice Blocking “X" Posts
The Madras High Court recently stayed a notice of the Superintendent of Police, Cyber Crime Wing, Tamil Nadu directing removing/blocking of multiple URLs on X/Twitter. Noting that the notice did not specify the reasons for blocking, Justice Victoria Gowri and Justice N Senthilkumar held that when state restricts speech, the same should be through reasons and not by cryptic command....
Sabarimala Gold Theft: Kerala High Court Grants SIT Two More Weeks To Complete Investigation
The Kerala High Court on Monday (May 18) granted two more weeks to the Special Investigation Team to complete its probe into alleged misappropriation of gold from the Dwarapalaka idols and door frames of the Sreekovil in Sabarimala temple.The Division Bench of Justice Raja Vijayaraghavan V. and Justice K.V. Jayakumar perused a report submitted by Sri. S. Sasidharan, the Investigating Officer,...
Kerala High Court Denies Bail To Astrologer Accused Of Sexually Assaulting Minor Girl On Pretext Of Conducting 'Exorcism'
The Kerala High Court on Monday (May 18) dismissed the bail application preferred by astrologer Rajan Babu @ Murari Thantri, who was arrested on February 9 for allegedly raping a minor girl on the pretext of conducting an 'exorcism' on her. Dr. Justice Kauser Edappagath observed:“A perusal of the case diary would reveal that the accusation against the applicant is very serious, and it...
Tenant Claiming Protection Under UP Rent Control Act Must Prove Applicability Of Statute: Allahabad High Court
The Allahabad High Court has held that a tenant must prove applicability of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 to seek protection under its provisions. Dr. Justice Yogendra Kumar Srivastava held,“….where a tenant seeks protection under the provisions of U.P. Act No. 13 of 1972, the burden lies upon the party asserting applicability of...
Kerala High Court Flags Alleged Misappropriation Of Funds By Devaswom Board Officers In Relation To Sabarimala's Ashtabhishekam
The Kerala High Court on Monday (May 18) flagged the alleged misappropriation of funds by the Administrative Officers of the Travancore Devaswom Board for the last 10 years or so in relation to procurement of items required for 'Ashtabhishekam' in Sabarimala temple.Ashtabhishekam refers to a sacred ritual in which the deity's idol is bathed with eight auspicious substances.The Division Bench...