All High Courts
Challenging Ex-Parte Maintenance Order? File Recall Plea U/S 145(2) BNSS Before Moving HC, Clarifies Allahabad High Court
The Allahabad High Court recently observed that a party wishing to challenge an ex parte maintenance order passed under Section 144 BNSS/Section 125 CrPC can't directly file a criminal revision plea in the High Court. A bench of Justice Jai Krishna Upadhyay clarified that an aggrieved party must first approach the Family Court or Judicial Magistrate under Section 145 (2) BNSS/Section...
'No Violation Of Right To Property': Bombay HC Upholds Customary Right Of Villagers In Baner To Celebrate 'Bagad' Festival On Private Land
The Bombay High Court has held that recognition of the villagers' customary right to celebrate the Bagad festival on the suit property does not amount to a violation of the right to property of the landowners. The Court observed that the material on record prima facie indicated long and continuous exercise of such right by the villagers, and the orders of the Courts below granting protection...
Unfair: Allahabad High Court Comes To Aid Of Man Whose Petrol Pump Allotment Was Cancelled By BPCL Over Minor Typo
The Allahabad High Court recently observed that cancelling a petrol pump dealership solely on the basis of a typographical error in the location is unfair and without any basis in law. A bench of Justice Shekhar B Saraf and Justice Indrajeet Shukla noted this is especially true when the dealer has already spent a huge sum of money acting on the Letter of Intent (LOI) issued by...
Plea In Bombay High Court Seeks Return Of Mortal Remains Of Indian Seafarer Killed In Iranian Missile Strike
A writ petition has been filed in the Bombay High Court seeking the return of the mortal remains of an Indian seafarer, who died in Oman coast due to an Iranian missile strike. The petition filed by Amratlal Goklal Solanki claims that their son Dixit Solanki was serving as an Oiler in the Engine Room aboard the vessel MKD, Vyom.The petition states that they were informed on March 1 by...
'Prima Facie In Contempt': Why Allahabad High Court Slammed Basti SP For Suspending IO Over An NBW
The Allahabad High Court recently issued a stern warning of criminal contempt to the Superintendent of Police, Basti, Dr. Yashveer Singh, after he suspended an Investigating Officer who obtained a non-bailable warrant against the accused persons from an ACJM Court. A bench of Justice JJ Munir and Justice Tarun Saxena observed that the SP's suspension order is "prima facie in contempt"...
Identical Evidence: Orissa High Court Quashes Disciplinary Action After Criminal Court Acquittal
A Division Bench of the Orissa High Court comprising Justice Manash Ranjan Pathak and Justice Sibo Sankar Mishra held that departmental proceedings based on identical evidence must be set aside when a criminal court has acquitted the employee on the merits, leaving the disciplinary findings based on “no evidence.” Background Facts The employee (respondent) was serving as a...
Stamp Deficiency Can Be Recovered From Legal Representatives To The Extent Of Their Inheritance: Allahabad High Court
The Allahabad High Court has held that deficiency under the Indian Stamp Act,1899 can be recovered from legal representatives of the deceased only to the extent of their inheritance. Section 181 of the U.P. Revenue Code, 2006 provides for recovery proceedings against the legal representatives in cases of arrears of land revenue. It provides that recovery proceedings may continue against the...
'Absence Of Burn Care Facilities Renders Right To Health Illusory': Jharkhand HC Issues Statewide Directions After Hazaribagh Fire Tragedy
The Jharkhand High Court has held that the absence of functional burn care facilities across the State renders the right to health under Article 21 “illusory”, issuing comprehensive directions to ensure establishment and operationalisation of burn units in all district hospitals.A Division Bench comprising Chief Justice M.S. Sonak and Justice Rajesh Shankar was hearing a public...
Patna High Court Flags Police's “Invariable Misuse” Of NDPS Act In Cough Syrup Cases; Says Such Offences Fall Under Drugs & Cosmetics Act
The Patna High Court has observed that police authorities are “invariably misusing” the provisions of the NDPS Act in cases involving cough syrups containing permissible levels of codeine, holding that such cases ought to fall under the Drugs and Cosmetics Act.A Single Judge Bench comprising Justice Ashok Kumar Pandey was hearing a bail application filed in connection with Mansi P.S. Case...
Pre-Arrest Bail Not Barred Under SC/ST Act If Prima Facie Ingredients Of Offence Are Not Disclosed: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has held that the bar against anticipatory bail under Sections 18 and 18A of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 is not absolute. If a prima facie reading of the FIR or complaint does not disclose the essential ingredients constituting an offence under the Act, courts can grant pre-arrest bail.The Court...
Counsel Sends Illness Slip But Appears Elsewhere: Allahabad High Court Imposes ₹20,000 Costs
The Allahabad High Court has recently, imposed a cost of Rs. 20,000 on a lawyer appearing for anticipatory bail application, for attempting to deceive the Court by sending an illness slip while appearing in another case before another Court on the same day. Noting that the counsel had appeared on another case on the same day while sending an illness slip in the present case and also not...