All High Courts
BSF Court Of Inquiry Can Proceed Alongside Criminal Trial : J&K high Court
A Division Bench of the Jammu & Kashmir High Court comprising Justice Sanjeev Kumar and Justice Sanjay Parihar held that preliminary Court of Inquiry under BSF Rules is merely a fact-finding exercise and it can proceed during pendency of a criminal trial. It does not amount to parallel departmental proceedings or cause prejudice to the accused employee. Background Facts...
'Contractual Marriage' On Stamp Paper Is Nullity Under Hindu Law, Cannot Form Basis For Bigamy Or Cruelty Charges: Calcutta High Court
The Calcutta High Court has quashed criminal proceedings alleging bigamy and matrimonial cruelty against a man after holding that a “marriage” based solely on signing a non-judicial stamp paper is not recognised under Hindu law and cannot form the foundation for prosecution under Sections 494 or 498A of the IPC.Justice Uday Kumar observed that a contractual arrangement recorded on stamp...
'Criminal Process Can't Be Used As Tool Of Harassment': Chhattisgarh High Court Quashes Complaint Against Former CJ, Sitting Judges
The Chhattisgarh High Court has quashed a criminal complaint involving serious allegations against a former Chief Justice, a sitting High Court Judge, and several members of the State's Higher Judicial Service.A Division Bench comprising Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru remarked that the complaint was founded merely on conjectures, and that permitting omnibus...
Preventive Detention Under PITNDPS Act Valid Only If Activities Fall Within Statutory Definition Of 'Illicit Traffic': J&K&L High Court
The Jammu and Kashmir and Ladakh High Court has held that preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PITNDPS) can be ordered only when the activities of a detenue fall within the statutory definition of “illicit traffic”.The Court held that a person cannot be preventively detained under Section 3 of the Prevention...
Employees Selected In Same Recruitment Process Can't Be Given Different Pay Based On Joining Date: Rajasthan High Court
The Rajasthan High Court has held that candidates who have been selected, appointed and joined their services in the same recruitment process cannot be discriminated in the matter of pay fixation, merely on the basis of joining dates.The bench of Justice Chandra Shekhar Sharma was hearing petitions filed by school lecturers alleging that the State was discriminating in the pay scale of...
Liquor Policy Case | CBI Challenge To Discharge Of Kejriwal, Sisodia : Live Updates From Delhi High Court
The Delhi High Court will hear today CBI's revision plea challenging the discharge of Arvind Kejriwal, Manish Sisodia and all other accused in the corruption case related to the alleged liquor policy scam. On February 27, special judge Jitendra Singh, in strong words, had rapped CBI for lapses in investigation and said that the “voluminous chargesheet” has many lacunae not supported by...
'Panchayat Not Court Of Law', Can't Settle Sexual Offences Through Promise Of Marriage: Orissa High Court
In a powerful reminder to village institutions, the Orissa High Court has unequivocally held that neither Panchayat is a Court of law nor Sarpanch is a Magistrate holding judicial power to deal with serious criminal cases like child sexual abuse and to broker settlement in such heinous cases through securing a promise of marriage from the abuser.While upholding the conviction of a man accused...
Study Leave For Higher Education Not A Matter Of Right: Chhattisgarh High Court Dismisses Lecturer's Plea
While reiterating that study leave cannot be claimed as a matter of right, the Chhattisgarh High Court has upheld an order of a Single-Judge, whereby the plea of a Mathematics Lecturer (appellant)– serving at Government Polytechnic College, seeking study leave to pursue PhD was rejected.The appellant had applied for permission to pursue higher studies before the Principal of the College,...
Rajasthan High Court Grants 40-Day Interim Bail To Undertrial To Assist Father Undergoing Urgent Surgery
While allowing interim bail of an under-trial accused, Rajasthan High Court observed that serious illness of a parent where immediate surgical intervention was medically advised, was recognized as a valid humanitarian ground for temporary release, subject to adequate safeguards. Taking note of the multiplicity of FIRs against the petitioner and allege series of transactions, the bench of...
Suo-Motu Land Proceedings By Revenue Authorities After 11-Year Delay Arbitrary, Can't Annull Sale Deed: Gujarat High Court
The Gujarat High Court quashed orders of revenue authorities vesting agricultural land in the State, holding that initiation of suo motu proceedings after an unexplained delay of 11 years was arbitrary and beyond the scope of the powers under the Bombay Land Revenue Code.Justice Divyesh A. Joshi observed that the revenue authorities had exercised powers in a manner contrary to settled...
'Intention Clear From Brutality': Gujarat High Court Upholds Man's Life Sentence For Raping, Throttling Minor To Death
The Gujarat High Court has upheld the conviction and life sentence of a man found guilty of rape and murder of a minor girl in Dahod district in 2013, holding that the prosecution had established a complete chain of circumstantial evidence pointing to the accused's guilt.A Division Bench of Justice Ilesh J. Vora and Justice R.T. Vachhani dismissed the appeal filed by Mukeshbhai...
'Shield Of Press Freedom Not Weapon For Extracting Unlawful Gain': MP High Court In Journalist's Plea To Quash FIR For Alleged Extortion
The Madhya Pradesh High Court has partly allowed the petition of a Journalist accused of cheating and extortion, observing that the defence of freedom of the press cannot be used to extract unlawful gain from people. The bench of Justice Himanshu Joshi observed; "A journalist acts as a watchdog of society and performs the vital function of disseminating information concerning matters of...