All High Courts
Rape By Father 'Transcends Ordinary Criminality'; Victim-Daughter's Testimony Sufficient: Rajasthan High Court
While dismissing an appeal against a rape conviction in a POCSO Case, the Rajasthan High Court held that the testimony of the victim herself, being the daughter of the convict, constituted the best possible evidence of the occurrence, since there was no reason for her to falsely implicate her own father. The division bench of Justice Vinit Kumar Mathur and Justice Chandra Shekhar Sharma...
Employer Retains Right To Disciplinary Action Even After POSH Conciliation Settlement: Gauhati High Court
A Division Bench of the Gauhati High Court comprising Chief Justice Ashutosh Kumar and Justice Arun Dev Choudhury held that conciliation under Section 10(4) of the POSH Act bars only further inquiry by the Internal Complaints Committee and does not prevent the employer from initiating independent disciplinary proceedings under the service rules in light of new evidence to ensure a...
Jana Nayagan Movie: Madras High Court Flags Risk Of CBFC Examining Committee Members Going Back On Recommendation To Certify Film
The Madras High Court on Friday flagged the risk of CBFC Examining Committee members retracting their recommendations to certify a film.Justice PT Asha observed that such a u-turn by any member would give rise to a "dangerous trend", eroding the sanctity of CBFC's decision."Further, such a volte face by a member of an Examining committee who had made a recommendation after viewing...
Calcutta High Court To Hear ED's Plea Against Alleged Interference By CM Mamata Banerjee During I-PAC Raids On January 14
The Calcutta High Court on Friday (January 9) adjourned ED's plea alleging obstruction in its ongoing probe in the 2020 coal scam and interference by West Bengal Chief Minister Mamata Banerjee during search operations conducted at premises linked to the Indian Political Action Committee (I-PAC), following commotion in the courtroom.The matter which was listed before Justice Suvra Ghosh, will...
30 Important Patna High Court Judgments Of 2025
1. Cognizance Of Offence U/S 188 IPC Requires Complaint By Public Servant, Not FIR: Patna High Court Quashes Magistrate's Order Title: Bijay Kumar @ Bijay Kumar Bimal v. State of Bihar Citation: 2025 LiveLaw (Pat) 3 The Patna High Court in a judgment delivered recently, quashed the cognizance taken by the Judicial Magistrate of offence under Section 188 of the Indian...
Uttering Caste Names Like 'Adivasi', 'Santhal' To Humiliate Person In Public Can Constitute Offence Under SC/ST Act: Calcutta High Court
The Calcutta High Court has held that abusing a person by calling them by their caste name, such as “Adivasi” or “Santhal”, in a place within public view, with the intent to humiliate, can amount to an offence under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Justice Ajay Kumar Gupta dismissed a criminal revision petition seeking quashing of...
Transfer Policy Only A Guiding Factor, Not Enforceable In Law; Can't Direct State To Transfer An Employee: Allahabad High Court
The Allahabad High Court (Lucknow Bench) on Wednesday dismissed a writ petition seeking a direction to the State authorities to transfer a government servant, as it noted that the transfer policy issued by the government is only for guidance and cannot be enforced through a court of law.A Bench of Justice Shekhar B Saraf and Justice Manjive Shukla observed that the transfer and posting...
Breach Of Compromise Terms By Accused Is Insufficient To Justify Cancellation Of Bail: Jharkhand High Court
The Jharkhand High Court has held that the failure to comply with the terms of a compromise or a promise to make payment is not, by itself, a ground to cancel bail once granted.A Single Judge Bench of Justice Anil Kumar Choudhary was hearing a matter in which the petitioner sought to quash an order passed by the Judicial Commissioner, Ranchi, whereby the anticipatory bail granted to...
Orissa High Court Refuses Bail To Accused In 2024 Spurious Liquor Tragedy That Claimed Five Lives
The Orissa High Court has denied bail to five persons accused of selling spurious liquor, allegedly containing ammonium nitrate and ammonium sulphate, which caused death of five persons apart from causing illness of dozen others in K. Nuagaon area of Ganjam district in August 2024.Denying any relief at this stage, the Bench of Justice Gourishankar Satapathy observed –“What is relevant at...
S.319 CrPC | Can Summon Additional Accused Only On 'Evidence' Recorded In Trial; Case Diary Material Is Irrelevant: Allahabad High Court
The Allahabad High Court recently observed that an additional accused can be summoned under Section 319 CrPC based on the evidence recorded during trial and not on the basis of the materials available in the charge-sheet or the case diary, as they don't constitute evidence.A bench of Justice Chawan Prakash thus dismissed a criminal revision petition seeking to summon the...
District Authority Can Reject Petrol Pump NOC For Violating CPCB Distance Norms From Schools: Kerala High Court
The Kerala High Court recently held that the District Authority can reject an application for No Objection Certificate under Rule 144 of the Petroleum Rules, 2002 for not maintaining minimum distance from schools and other public places in accordance with the Central Pollution Control Board's guidelines.Justice M.A. Abdul Hakhim added that since a playground is integral to the functioning...
Lateral Movement Between Posts Carrying Same Grade Pay Not A Promotion: Chhattisgarh HC
A Division Bench of the Chhattisgarh High Court comprising Justice Rajani Dubey and Justice Amitendra Kishore Prasad held that movements between posts with the same Grade Pay (like Goods Guard to Passenger Guard) are lateral inductions, not promotions. Therefore, such movements should not be counted against the limited number of MACP upgradations. Background Facts The...