All High Courts
NCLT Approval To Settlement Scheme Does Not Dilute Criminal Charges: Bombay High Court Clarifies In NSEL Scam
The Bombay High Court earlier this month made it clear to Jignesh Shah and 63 Moons Technologies Limited, the accused in the multicore National Spot Exchange Limited (NSEL) Scam, that just because the National Companies Law Tribunal (NCLT) approved the One Time Settlement (OTS) for 5,682 traders, it will not exonerate them from the pending criminal cases.A division bench of Justice Ajay...
'Consent Immaterial In Legal Marriage': MP High Court Quashes S.377 IPC Charge Against Husband
The Madhya Pradesh High Court has partly allowed a husband's petition seeking quashment of the FIR filed for sexual abuse and dowry harassment, observing that in light of exceptions provided under rape provisions, any sexual intercourse or sexual acts committed by a husband upon his adult wife do not constitute rape and therefore the aspect of consent within a marriage is legally immaterial....
'No Baby Should Die': Bombay High Court Slams Maharashtra Govt Over Continued Malnutrition Deaths In Tribal Areas
The Bombay High Court on Thursday observed that when the Maharashtra Government is able to spend crores on schemes like 'Ladki Bahin', but malnutrition continues to cause deaths among children, pregnant women and others in tribal regions like Melghat, the State must explain its conduct.A division bench of Justice Ravindra Ghuge and Justice Abhay Mantri noted that despite orders being passed...
NDPS Act | Exact Quantity Of Seized Contraband Need Not Be Stated In Grounds Of Arrest Notice If Nature Is Mentioned: Kerala High Court
The Kerala High Court recently clarified that it is not necessary to mention the exact quantity of contraband seized in the notice communicating the grounds of arrest if it is specified that the nature of quantity is small or intermediate or commercial.Dr. Justice Kauser Edappagath observed that the intention behind mentioning the quantity is to enable the accused to know whether the offence...
Wrong To Claim One Religion As 'Only True Religion' As It Disparages Other Faiths: Allahabad HC Refuses To Quash 295A IPC Case
The Allahabad High Court has observed that it is 'wrong' for any person to claim in secular India that a particular religion is the "only true religion", as doing so implies a 'disparagement' of other faiths and the same prima facie attracts Section 295A IPC. A bench of Justice Saurabh Srivastava observed thus while dismissing a quashing petition filed by Reverend Father Vineet...
Madras High Court Stays Trial Against Ex-Minister K Ponmudi In Hate Speech Case, Dispenses With Appearance Before Magistrate
The Madras High Court, on Thursday (26 March), temporarily stayed all further proceedings in a case registered against former Tamil Nadu Minister K Ponmudi for his comments against Saivism, Vaishnavism and women. Justice AD Jagadish Chandira allowed a plea filed by the former minister seeking a stay of the proceedings till the disposal of a plea filed by him challenging the...
Kerala High Court Seeks ITC Response On Allegation That 'Honeydew Smooth' Printed On Gold Flake Cigarette Packs Violates Law
The Kerala High Court on Monday (March 26) asked Indian Tobacco Company (ITC) and Gold Flake Corporation Ltd. to respond to an allegation made in a public interest litigation that printing the words 'Honeydew Smooth', 'Flavour like never before' and 'More flavours, more experiences' on cigarette packets amounts to a violation of Cigarettes and Other Tobacco Products (Packaging and...
DMK MP Moves Madras High Court Seeking ED Action Against BJP's Nainar Nagendran In 'Cash For Vote' Case
Dravida Munnetra Kazhagam (DMK) Rajya Sabha MP R Girirajan has moved the Madras High Court, calling for action by Enforcement Directorate against BJP's State President Nainar Nagendran in connection with a 'cash for vote' case. Action has also been sought against Kesava Vinayagam, former State General Secretary for Tamil Nadu BJP. It may be noted that on April 7, an amount of Rs....
Electricity Connection Can't Be Denied For Want Of Co-Sharer's Consent: Gujarat High Court
The Gujarat High Court has held that the question of ownership or right of occupancy over a property has no nexus with the grant of an electricity connection to a consumer who is otherwise entitled. It further said that a company cannot insist on consent of other co-sharers of a property to provide electricity connection to a consumer. In the present case the petitioner had sought for...
Patna High Court Sets Aside Direction To Appoint Waitlisted Candidate In Civil Court Recruitment, Says 'Fence-Sitters' Cannot Claim Parity
The Patna High Court has held that candidates who fail to assert their rights within the subsistence of a select panel cannot later seek parity with others who approached the Court in time, reiterating that writ relief is barred by delay and laches and that Article 14 does not permit extension of benefits on the basis of “negative equality.” A Division Bench comprising Chief Justice...
Husband Finding Wife Being Intimate With Paramour Is Grave, Sudden Provocation: Gujarat High Court Upholds 2001 Culpable Homicide Conviction
The Gujarat High Court upheld a 2001 trial court order convicting a husband to culpable homicide not amounting to murder, who assaulted his wife after he found her in a compromising position with another man in the former's house, remarking that this could be considered as "grave and sudden provocation".In doing so the court said that the case falls under Section 304-part II IPC as...
Bombay High Court Asks Maharashtra Govt If Bhima Koregaon Accused Surendra Gadling Can Use Jail Computer To Review Evidence
The Bombay High Court on Thursday sought to know from the Maharashtra Government if it could permit Surendra Gadling, an accused in the Bhima Koregaon - Elgar Parishad case, to access the computer installed in the Taloja Central Prison to review the evidence against him. A division bench of Justice Ajay Gadkari and Justice Kamal Khata while refusing Gadling to use his own laptop while in...