Arrest Made Prior To 'Pankaj Bansal' Judgment Not Illegal For Want Of Written Grounds: Karnataka High Court Denies Bail To Terror Accused

The Karnataka High Court upheld a trial court order denying bail to a man accused of being member of a terrorist gang and being part of criminal conspiracy to wage war against Government of Syria, observing that the mandate of furnishing written grounds of arrest as per Supreme Court's Pankaj Bansal judgment applies prospectively. In doing so the court said that the accused who was arrested...

Conviction For Damaging Public Property Cannot Stand Without Seizure, Identification Or Proof Of Damage: Calcutta High Court

Observing that a criminal conviction under the Prevention of Damage to Public Property Act cannot rest solely on oral testimony when the prosecution fails to seize, produce or otherwise prove the existence of the allegedly damaged property, the Calcutta High Court Circuit Bench at Port Blair has set aside the conviction of a man accused of vandalising equipment at a government hospital...

Tsunami Relief Can't Be Denied To Farming Company Solely For Being Corporate Entity: Calcutta HC Orders Andaman Admin To Pay Compensation

The Calcutta High Court Circuit Bench at Port Blair has set aside an order rejecting tsunami compensation to Andaman Plantations and Development Corporation Pvt. Ltd., holding that relief under the Tsunami Rehabilitation Package cannot be denied merely because the claimant is a company and not an individual farmer. The Court directed the Andaman and Nicobar Administration to reassess and...

'Doesn't Cease To Be Daughter After Marriage': Orissa High Court Orders Compassionate Appointment 26 Yrs After Father's Death

The Orissa High Court has held that a daughter's relation with her parents does not cease to exist after marriage, so as to her deny compassionate appointment in lieu of on-duty death of her father. The Court ordered the State Government to provide rehabilitory appointment to the married daughter of a deceased employee 26 years after he died in harness, i.e. in the year 1999.A Division Bench...

Demolition Order Cannot Be Challenged Directly Under Article 226 When Statutory Appeal Is Available: Calcutta High Court

The Calcutta High Court Circuit Bench at Port Blair has held that a demolition order passed by a municipal authority cannot be directly challenged under Article 226 of the Constitution when an effective statutory appellate remedy is available, observing that the competent officer had passed a reasoned order after granting a hearing to all stakeholders. Justice Apurba Sinha Ray dismissed a...

MP High Court Directs Public Hearing Before Finalising Jabalpur Drainage Plan; Says No Private Land To Be Acquired

The Madhya Pradesh High Court has directed the Jabalpur Municipal Corporation's High Level Technical Committee to grant an opportunity of hearing to residents and stakeholders before finalising its report on measures to address waterlogging in the city, while clarifying that no private land will be acquired or used for the proposed drainage (nala) project.A Division Bench of Justice Vivek...

Karnataka High Court Vacates Stay On Framing Charges Against HD Revanna In Kidnapping Case, Flags Repeated Adjournments

The Karnataka High Court last week vacated its interim order stalling framing of charges against Janata Dal (S) leader HD Revanna who is accused of kidnapping a woman, after taking note of lack of readiness on behalf of Revanna to go ahead with the matter in view of repeated adjournments sought in the case. The court was hearing Revanna's petition seeking to quash the prosecution...

Vague Allegations & Contradictory Testimony Cannot Sustain Conviction: Calcutta High Court Acquits Man In 2005 Assault Case

The Calcutta High Court has held that a criminal conviction cannot be sustained on the basis of vague and omnibus allegations without any specific role attributed to the accused, especially where independent witnesses do not support the prosecution and material contradictions exist regarding the manner and place of occurrence.Allowing a criminal revision petition, Justice Ajay Kumar Gupta...

ID Act | Workmen Need Not File Separate Application If Prior Grievances Raised With Employer Were Marked To Conciliation Officer: Jharkhand HC

The Jharkhand High Court has held that a formal application under Section 2A(2) of the Industrial Disputes Act, 1947 is not mandatory, if the workmen have marked copies of their representations and grievances addressed to the employer to the Conciliation Officer, thereby bringing the dispute to the notice of the labour authorities.A Single Judge Bench of Deepak Roshan was hearing writ...

Recovery From Shirt Pocket Is 'Personal Search'; Non-Compliance With Section 50 NDPS Act Vitiates Prosecution: Madras High Court

The Madras High Court recently observed that when a recovery under the Narcotic Drugs and Psychotropic Substances (NDPS) Act is made from the shirt pocket of the accused, it would be seen as a personal search, and compliance with the statutory mandate under Section 50 of the Act would be mandatory during such a search."A shirt pocket is inseparable from the clothing worn on the body at...

Sambhal Violence: 'CJM Ignored Mandate Of S. 175 (4) BNSS': UP Govt, ASP Move High Court Challenging Order For FIR Against Cops

The Allahabad High Court on Monday heard the petitions moved by the State of Uttar Pradesh and ASP Anuj Chaudhary, challenging an order of the Chief Judicial Magistrate (CJM), Sambhal, directing the registration of an FIR against Chaudhary and other police officials in connection with the Sambhal violence of November 2024. The order was passedlast month by CJM Vibhanshu Sudheer on...

Accused Has No Right To Be Heard On Mode Or Agency Of Investigation; Cannot Seek Impleadment In Writ Seeking Probe: Calcutta High Court

Observing that an accused has no right of audience in matters concerning the manner or mode of investigation, the Calcutta High Court has dismissed applications seeking impleadment in a writ petition filed for investigation into alleged police inaction and collusion. The Court held that neither a complainant in a separate FIR nor persons who are merely prospective accused can insist on...