All High Courts
OMMC Rules | Cancellation Of Lease Not Illegal Merely Because Order Was Issued By 'In-Charge' Mining Officer: Orissa High Court
The Orissa High Court has held cancellation of a lease under the Odisha Minor Mineral Concession Rules, 2016 ('the OMMC Rules') cannot be deemed to be illegal merely because the cancellation order was passed by the Mining Officer (In-charge), while the Mining Officer was the 'competent authority' under such Rules.A Division Bench of Chief Justice Harish Tandon and Justice Murahari Sri Raman...
Rajasthan High Court Flags 'Near-Zero' Cut-Off; Says State Must Ensure Minimum Standards Even For Reserved Categories
The Rajasthan High Court expressed shock and raised concern about standard in public employment while hearing a petition by a candidate for Class-IV teachers. He was aggrieved by the rejection of his candidature since he received negative marks in the qualifying exam, when no minimum qualifying marks were prescribed by the State. The bench of Justice Anand Sharma observed that as the...
Scheduled Tribe Person Can Voluntarily Opt To Be Governed By Hindu Marriage Act: Chhattisgarh High Court
The Chhattisgarh High Court has held that if a person belonging to a Scheduled Tribe (ST) voluntarily chooses to follow Hindu customs, rites and traditions in order to get 'Hinduised' and opts to submit himself to the jurisdictional Court under the Hindu Marriage Act, 1955 ('the HMA'), he cannot be denied its cover merely because Section 2(2) thereof excludes its application to the...
Gujarat High Court Issues Notice On PIL Flagging Alarming Rise Of Deepfakes & AI Generated Fake Content
The Gujarat High Court recently issued notice on a PIL raising concerns about the “sharp and alarming rise” in deepfake and AI-generated content circulating on digital and social media platforms and seeking the formulation of procedural rules to address such threats.The Division Bench comprising Chief Justice Sunita Agarwal and Justice D.N. Ray sought responses from the State and...
Intra-Court Appeal Maintainable Against Ex Parte Ad Interim Order & Any Order Affecting Party's Right To Pursue Statutory Remedy: Kerala High Court
The Kerala High Court has recently held that an intra-court appeal under Section 5 of the Kerala High Court Act, 1958 is maintainable against an ex parte ad interim order or any order which has affected a party's right to pursue statutory remedy.The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. clarified the position of law while considering an intra-court...
'Criminal Proceedings Cannot Be Used To Settle Civil Scores In Property Deals': Punjab & Haryana High Court Quashes FIR
The Punjab & Haryana High Court has quashed a cheating and forgery FIR arising out of a land agreement dispute, holding that the criminal case was lodged to escape civil liability and amounted to an abuse of the criminal process.Justice H.S. Grewal said, "prima facie the allegations against the petitioners are not made out as the agreement to sell in question is a genuine document being...
FIR Not Doubtful Or Diluted Merely Because It Was Lodged With Advocate's Help: Allahabad High Court
The Allahabad High Court has held that FIR cannot be considered doubtful or diluted merely because it was filed with the assistance of an advocate. A division bench comprising Justice Rajesh Singh Chauhan and Justice Abdhesh Kumar Chaudhary held that legal assistance is available to all at all stages of criminal proceedings and can be availed even at the stage of filing of FIR.“.....merely...
'Will Not Accept': Karnataka High Court Questions State For Filing Closure Report In FIR Over Abetment Of Student's Suicide
The Karnataka High Court on Thursday (March 5) orally questioned the State for filing a B-report in a FIR registered against a school and its teachers for alleged abetment of a student's suicide. During the hearing the petitioner's counsel submitted that the petitioner's child was subjected to harassment by fellow students. It was submitted that the mother had given a statement however the...
S. 202 CrPC | Magistrate Bound To Inquire Before Issuing Summons To Accused Residing Beyond Territorial Jurisdiction: Uttarakhand HC
The Uttarakhand High Court has reiterated that it is mandatory for a Magistrate under Section 202 of the Code of Criminal Procedure ('CrPC') to postpone issuance of process and either inquire or direct investigation to be made for the purpose of ascertaining whether or not there is sufficient ground for proceeding against the accused for issuing summons.A Bench of Justice Ashish Naithani was...
'Non Supply Of Inquiry Report To Accused Delinquent Vitates Punishment Order': MP High Court
The Madhya Pradesh High Court has set aside the punishment order of an In-Charge Principal of Government College, observing that the disciplinary authority failed to furnish the inquiry report to the employee, thus vitating the punishment order. The bench of Justice Anand Singh Bahrawat held;"As the copy of the inquiry report has not been supplied to the petitioner and an opportunity of...
Karnataka HC Suggests State To Issue Guidelines On Background Check For Migrant Workers, Calls For Balanced Approach Without Stigmatization
The Karnataka High Court has suggested to the State government to issue guidelines concerning background verification, identity confirmation or registration of inter-state migrant workers, while hearing a case wherein five persons stated to be migrant workers were accused of a triple murder. In doing so the court also emphasized need for preventive safeguards through strict enforcement...
HP High Court Quashes FIR Against Shimla Councillor Under Railways Act, Finds No Material Showing Electric Pole Near Track Endangered Safety
The Himachal Pradesh High Court has quashed an FIR registered under Section 153 of the Railways Act, 1989 (endangering the safety of persons travelling by railway by wilful act or omission). The Court held that the record did not disclose any unlawful or wilful act by the petitioner that could be said to have endangered the safety of railway passengers.The Court further noted that there was...