BNSS | Interlocutory Notice Does Not Decide Rights Of Parties, S.438 Bars Revisional Jurisdiction Against Such Orders: J&K High Court

Interpreting the provisions of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the High Court of Jammu & Kashmir and Ladakh has held that an order merely issuing notice in a proceeding is interlocutory in nature and, therefore, not amenable to revisional jurisdiction.Justice Sanjay Dhar, while dismissing a petition filed under Section 528 of BNSS, reaffirmed that Section 438(2) of the...

'Sample Integrity Was Breached': Karnataka High Court Quashes 4-Year Suspension Of National Basketball Player Over Alleged Doping

The Karnataka High Court recently quashed a 2022 order passed by the Anti-Doping Disciplinary Panel declaring Shashank J Rai, a senior National Basketball Player, to be ineligible for sporting events for 4 years after he was accused of doping. Justice M Nagaprasanna while allowing the petition filed by the distinguished athlete of national acclaim and said “This Court finds the impugned...

J&K High Court Upholds 1944 Land Exchange Order, Says Vested Rights Cannot Be Undone By Administrative Inertia

Safeguarding the sanctity of long-standing administrative decisions and vested rights, the High Court of Jammu and Kashmir and Ladakh, upheld the enforceability of Government Order No. 60-C of 1944 and directed authorities to process the construction permission for land exchanged under the said order provided such land is not under dense plantation and is otherwise permissible under the...

'CrPC (UP Amendment) Act 2018' Containing Restrictions On Grant Of Anticipatory Bail Stands Impliedly Repealed By BNSS: Allahabad HC

The Allahabad High Court has observed that with the enactment of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the Criminal Procedure Code (UP Amendment) Act, 2018 - which imposed restrictions on the grant of anticipatory bail in the State (effective from June 6, 2019), in cases under specific laws including the UP Gangsters Act - stands 'impliedly repealed'. A bench...

Gauhati High Court Seeks State's Response In Plea By Families Of Missing Detainees Allegedly Declared As “Foreigners”

The Gauhati High Court bench of Justices Kalyan Rai Surana and Malasri Nandi on Thursday, issued notice to the State's counsel, directing them to obtain instructions regarding the whereabouts of two residents of Assam's Kamrup district, who have been untraceable since their detention by the Assam Police on May 25, as claimed by their family.The present petition has been filed seeking...

Sowing Agriculture Crop No Ground For Interim Bail, Even If Allowed Who Will Look After It? Punjab & Haryana High Court

The Punjab & Haryana High Court denied the plea for interim bail of four weeks in an attempt to murder case, which was sought by the accused for the purpose of sowing agriculture crop for the the upcoming season.Justice Anoop Chitkara said, "without commenting upon powers of this Court to grant bail, this Court is not inclined to grant interim bail to the applicant on the ground mentioned...

Karnataka High Court Directs State Power Corporation To Hold Fresh Recruitment Exam As Candidates Were Not Told About Negative Marks

The Karnataka High Court directed the State Power Corporation Limited to conduct a fresh examination for all candidates who appeared in an earlier exam held in February 2024 for six posts, after noting that condition of negative marking had not been disclosed to the candidates prior to the conduct of the exam. A division bench of former Chief Justice N V Anjaria and Justice K V Aravind...

Delhi High Court Issues Notice On PIL To Exempt Women From Paying Entrance Fees Of IITs, AIIMS, Other Exams

The Delhi High Court has issued notice on a PIL seeking exemption for women candidates from paying the entrance fees for exams conducted by Central Autonomous Bodies like IITs, AIIMS etc. A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela sought response of the Union Government, University Grants Commission and National Testing Agency. Filed by one Mona Arya,...

Justice Dharmesh Sharma Who Conducted Unnao Rape Case Trial Retires From Delhi High Court

Recalling his “challenging times” in the district judiciary, Justice Dharmesh Sharma on Friday bid farewell to the Delhi High Court with a “deep sense of satisfaction.”Justice Sharma joined the Delhi Judicial Services in 1992. He was appointed as Principal District & Sessions Judge, West District in 2019. Before his elevation to the High Court, he was posted as Principal...

Court Fees Increased In View Of 20-Year Inflation After Detailed Study & Deliberation With Stakeholders: Kerala Govt To High Court

While opposing a plea against increase in Court Fees, the Kerala Government told the high court that the hike in court fees was done keeping in mind inflation of the past 20 years, after a detailed study and deliberating with all the stakeholders.The submission was made in the State government's counter affidavit to the PIL filed by Kerala High Court Advocates Association (KHCAA), challenging...

Withdrawal Of Earlier Notification For Departmental Promotion & Issuing Fresh Notification Under Amended Rules Is Not Mala Fide: J&K High Court

The Jammu and Kashmir High Court held that the university can issue a fresh notification for initiating the departmental promotions under amended rules pending the finalization of the process of promotion issued under the previous rules.The above orders came while the court was hearing the challenge by the petitioner against the fresh notification issued by the respondent University requiring...

Farmers Shouldn't Be Forced Into 'Distress Sales': Karnataka High Court Directs State To Operate Procurement Centers For Two Extra Months

The Karnataka High Court has directed the State Government to establish at least one crop harvesting procurement center in each Taluka for two months beyond the procurement period fixed by Government of India.A division bench of former Chief Justice N V Anjaria and Justice K V Aravind held thus while disposing of a public interest litigation filed by Rait Sena Karnataka, a registered...