All High Courts
Using Minimum Corporal Punishment For Discipline Not Offence: Kerala High Court Quashes Criminal Case Against Teacher For Caning Student
The Kerala High Court has reiterated that using minimum corporal punishment to discipline student in school is not an offence under the Juvenile Justice Act or the Bharatiya Nyaya Sanhita.Justice C. Pratheep Kumar quashed the criminal case initiated against a teacher for caning a student in the school.The prosecution case is that the accused teacher voluntarily caused hurt to a student by...
Caste, Religion Mentions In Children's Home Records | Allahabad High Court Action Prompts UP Govt To Urge Centre To Amend JJ Act
The Uttar Pradesh Government recently informed the Allahabad High Court that it has written to the Secretary, Ministry of Women and Child Development, Government of India, with suggestions for amendments to the relevant provisions of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the Juvenile Justice Rules, 2016.The UP Government gave this proposal days after the High...
Punjab & Haryana High Court Imposes ₹3 Lakh Cost On Litigant For Filing Frivolous Contempt Plea
The Punjab and Haryana High Court has dismissed a contempt petition alleging non-compliance with its earlier directions, holding that the plea was frivolous, vexatious and a gross abuse of the process of law, and imposed exemplary costs of ₹3,00,000 on the petitioner, payable to the official respondents.At the outset, the Court warned the petitioner—who appeared in person—that costs...
Centre Notifies Appointment Of Advocate As Judge Of Andhra Pradesh High Court
The Central Government on Tuesday (February 10) notified the appointment of advocate Shri Balaji Medamalli @ M. Balaji as additional judge of Andhra Pradesh High Court. Union Law Minister Arjun Ram Meghwal took to X (formerly Twitter) to notify the appointment which states:"In exercise of the power conferred by the Constitution of India, the President of India, after consultation with...
Karnataka High Court Cancels Bail Of 7 Booked For Radicalizing Youth In Ballari ISIS Module Case
The Karnataka High Court cancelled bail granted to seven men accused of being involved with the Ballari ISIS module, charged under the UAPA for allegedly recruiting and radicalization of vulnerable youth to carry out terrorist activities in India, remarking that the alleged procedural lapse was raised belatedly. The court was hearing four criminal appeals filed by NIA challenging Special...
'Seriousness Of Offence No Ground To Cancel Pre-Arrest Bail': P&H High Court Refuses To Cancel Bail In Fake ED Raid & Extortion Case
The Punjab & Haryana High Court has said that seriousness of offence cannot justify transfer of a criminal trial, reiterating that the power of transfer under Section 448 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to Section 408 CrPC) must be exercised sparingly and only in exceptional circumstances.The Court refused to cancel pre-arrest bail of a man accused of posing...
Karnataka High Court Stays Counter-Case Against Husband Who Alleged Assault By Wife Inside Police Station
The Karnataka High Court on Tuesday (February 10) stayed criminal proceedings initiated against a man who claimed that his wife had lodged an assault case against him as a counter-blast to his complaint alleging that she had assaulted him inside a police station. The counsel appearing for the petitioner husband submitted before Justice M Nagaprasanna that parties had been called to the...
Granting Extension For Filling Challan In Absence Of Accused Violates Article 21: Punjab & Haryana High Court Sets Aside Order
The Punjab and Haryana High Court has held that granting extension of time to file a chargesheet under the NDPS Act without producing the accused or giving them an opportunity of hearing is a gross illegality, as it deprives the accused of their indefeasible right to default bail and violates Article 21 of the Constitution.The Court accordingly quashed an order passed by the Special...
PwD Recruitment Must Strictly Follow RPwD Act; Executive Resolutions Cannot Override Statute: Patna High Court
The Patna High Court has held that recruitment to posts reserved for persons with disabilities must strictly conform to the statutory scheme prescribed under Section 34(2) of the Rights of Persons with Disabilities Act, 2016, and that executive resolutions or recruitment notifications which are inconsistent with the Act cannot create any enforceable right in favour of candidates. A Single...
Banks Constitute Integral Part Of Waterbody, Any Encroachment Violates Public Trust Doctrine: Andhra Pradesh High Court
The Andhra Pradesh High Court has observed that banks/bunds of tanks constitute an integral part of a water body, which need to be strengthened from time to time, and any encroachment or construction on the same violates the Public Trust Doctrine.The Court was dealing with a writ petition whereby the petitioners challenged the proposed closure of a 30-foot road, which the State asserted was...
'Will Not Affect Fair Trial': CBFC Opposes In Kerala High Court Plea To Stall Movie Allegedly Inspired By Venjaramoodu Murder Case
The Central Board of Film Certification on Tuesday (February 10) submitted before the Kerala High Court that though the movie 'Kaalam Paranja Kadha' may have been inspired by the Venjaramoodu Mass Murder case, the same will not affect the trial of the accused.Justice Bechu Kurian was considering a plea preferred by the father of the accused who stated that the movie may prejudice the trial in...
Child Custody Matters Require Human Touch; Cannot Be Decided Solely On Legal Provisions: Tripura High Court
The Tripura High Court has held that child custody disputes cannot be decided merely on technical interpretation of legal provisions. The Court emphasized that such matters involve human considerations and custody issues require a sensitive approach, and that the welfare and well-being of the child must remain the paramount consideration while determining custody. A Division Bench of Justice...