All High Courts
Frame SOP To Avoid Unnecessary References To Forensic Labs In Criminal Cases: High Court To Centre, Delhi Govt
The Delhi High Court has recently directed the Union and Delhi Governments to take a decision on framing a standard operating procedure (SOP) or guidelines to avoid unnecessary references being made to the forensic science laboratories (FSLs). A division bench comprising Chief Justice DK Upadhyaya and Justice Anish Dayal directed the Union of India and Delhi Government to take a decision...
Kerala High Court Closes Plea As CBFC Certifies Suresh Gopi Film After Edits; No Legal Action On Use Of Old Title In Earlier Teasers
The Kerala High Court on Wednesday (July 16) closed the writ petition filed by producers of the Suresh Gopi starrer 'JSK - Janaki v State of Kerala', observing that a U/A Certificate was granted by the Central Board of Film Certification (CBFC) on July 11.The legal tussle between the production and the CBFC was over the name of the protagonist 'Janaki', who is a rape survivor, since the...
P&H High Court Hands Over Colonel Assault Case To CBI, Says SIT "Creating Loopholes" To Protect Accused Punjab Police Officers
The Punjab and Haryana High Court has ordered the Central Bureau of Investigation to take over the probe into a Colonel's assault allegations against the Punjab Police.This comes after the Court noted that the Special Investigation Team (SIT) entrusted to probe the case is "creating loopholes to give benefit of doubt to accused Police Officers".Colonel Pushpinder Singh Bath, who was posted at...
Appeal Against Freezing Order Under NDPS Act Cannot Be Dismissed Solely Because Jailed Accused Couldn't Sign Petition: P&H HC
The Punjab and Haryana High Court today held that an appeal under the Narcotic Drugs and Psychotropic Substances (NDPS) Act cannot be dismissed merely because the accused, lodged in jail, was unable to sign the petition and the Appellate Court ought to decide on merits. Chief Justice Sheel Nagu and Justice Sanjiv Berry said, "Considering the facts and circumstances, it is deemed appropriate...
Delhi High Court Deprecates Investigating Officer Appearing Without Case Diaries, Grants Bail In Murder Case
The Delhi High Court has granted bail to a man accused in a murder case while strongly deprecating the conduct of an investigating officer who appeared in Court without proper case file and diaries. “To begin with, it is strongly deprecated that in order to oppose the liberty of an individual, the Investigating Officer has appeared without the original police file or Case Diaries. It is...
Self-Declared Information On Matrimonial Site Not Admissible Proof Of Income: Delhi High Court
The Delhi High Court has observed that any “self-declared information” made on a matrimonial portal, without verification or corroborative evidence, cannot be treated as reliable or admissible proof of income. Justice Swarana Kanta Sharma said that a court of law cannot rely upon a declaration made by a person on a matrimonial website.The bench thus rejected a wife's plea challenging a...
MP High Court Fines State ₹5 Lakh For Delaying Sexual Harassment FIR Against Yoga Institute's Former VC, Directs Him To Pay ₹35 Lakh Compensation
The Madhya Pradesh High Court on Tuesday (July 15) imposed Rs 5 Lakh cost on the State for "inhumane and unsympathetic behaviour shown by the police officials" by delaying registration of workplace sexual harassment complaint by a woman who had accused the former Vice Chancellor of a national Yoga Institute of the offence. Ruling in favour of the woman the court further directed the former VC...
Domestic Violence Act Doesn't Distinguish Between First Or Subsequent Marriage For Maintenance: Delhi High Court
The Delhi High Court has observed that the Domestic Violence Act does not distinguish between a first or subsequent marriage for the purpose of entitlement to maintenance.While dealing with a maintenance dispute, Justice Swarana Kanta Sharma rejected a husband's submission that the wife's marriage with him was her second marriage and that she had children from a previous marriage. The...
No Bar On Re-Arrest Of Accused After Procedural Defects Of Prior 'Illegal Arrest' Are Cured: Delhi High Court
The Delhi High Court has ruled that there is no statutory or judicial bar on re-arrest of an accused after curing the procedural defects of a prior illegal arrest. Justice Swarana Kanta Sharma said that a lapse or omission on the part of the investigating agency, whether inadvertent or deliberate, cannot result in a blanket immunity to the accused against any future arrest in the same case....
Rajasthan High Court Rejects Former Jaipur Mayor's Plea Against Suspension In Alleged Corruption Case
Rajashtan High Court has dismissed the petition filed by Mayor of Jaipur Municipal Corporation, Heritage, against an order of the State by which she was placed under suspension owing to alleged involvement in a corruption incident along with her husband.The bench of Justice Anoop Kumar Dhand observed that instead of challenging the suspension order on merits, the petitioner had challenged...
Following 'Vivah Kendra' Episode, Allahabad High Court Registers Suo Motu PIL Over 'Unsavoury' Conduct Of Advocates
The Allahabad High Court last week registered a suo motu Public Interest Litigation (PIL) concerning the 'unsavoury' activities of certain advocates within the Lucknow District Court premises. The suo moto PIL was initiated following HC's earlier directions (of July 8) for the eviction of two lawyers who had allegedly converted their chamber into a makeshift 'Vivah...
Judge Bound To Hear Cases As Per Roster; Litigants Can't Engage In Forum Shopping: Kerala HC
The Kerala High Court has recently observed that judges are bound to hear the cases as per the roster prepared by the Chief Justice and that litigants cannot pick and choose the judges that have to hear their cases. The observation was made Justice P.V. Kunhikrishnan while hearing a party-in-person whose writ petition was noted with defects for not taking steps to issue notice to...