All High Courts
Shreya Singhal Binding Precedent, Centre Calling SC Judgment Per Incuriam "Unheard Of": X Corp To Karnataka HC In Plea Against Sahyog Portal
Social media platform 'X' (formerly twitter) told the Karnataka High Court on Thursday (April 3) that the Central government's submission that the Supreme Court's 2015 decision in Shreya Singhal vs. UOI is 'per incuriam' and not a binding precedent is something "unheard of". The submission was made before Justice M Nagaprassana who was hearing X Corp's plea seeking a declaration that...
Investigating Agency Cannot Include Cognizable Offence In FIR To Bypass Sanction U/S 155(2) Of CrPC: Kerala HC
The Kerala High Court observed that an investigating agency cannot incorporate a cognizable offence in the FIR without any materials before it to bypass Section 155(2) Cr.P.C.As per Section 155(2) of Code of Criminal Procedure, the police can investigate into a non-cognizable offence only after getting an order from the Magistrate concerned.It was alleged that the petitioner in this case...
Bombay High Court Slaps ₹25K Costs On Industrialist Anil Ambani For Seeking 'Urgent Hearing' In Tax Case
In a setback for industrialist Anil Ambani, the Bombay High Court recently imposed a cost of Rs 25,000 on him for seeking an urgent hearing of his petition challenging the April 2022 notice issued to him by the Income Tax Department.A division bench of Justices Mahesh Sonak and Jitendra Jain said it cannot consider the 'artificial urgency' made up by Ambani, who urged the judges to urgently...
High Court Asks Senior Advocate To Enquire Into Genuineness Of Exam Conducted By Madras University Upon Student's Plea
The Madras High Court has asked Senior Advocate AK Sriram to investigate the veracity of a student's claim that the Madras University had conducted an examination for the History of Communication subject on May 11, 2024. Justice N Mala asked the Senior Advocate to enquire into the veracity of the contention made by the Student regarding the conduct of the examination. The court also...
Intelligence Officer Allegedly Involved In Colleague's Death Approaches Kerala High Court Seeking Anticipatory Bail
Sukanth Suresh P. who is alleged of being involved in the death of his 24-year colleague and girlfriend Megha Madhusoodhanan has approached the Kerala High Court seeking anticipatory bail.Megha Madhusoodhanan, a Security Assistant/ Executive with the Bureau of Immigration at Trivandrum Airport reportedly died by suicide by jumping in front of a train in Pettah Railway station. The family...
Punjab & Haryana HC Declines To Expunge Trial Court's Remark Against Cop For Prima Facie Implicating Innocents In Rape Case For Extortion
The Punjab and Haryana High Court refused to expunge remarks against a police officer who was "prima facie" found to be involved in implicating innocents in a rape case by his alleged partner for extorting money.Justice Jagmohan Bansal differentiated the High Court Rules which states that the Judges conducting trial are advised not to make adverse observations against Police Officers and...
'CCTV Shows Assault By Police, Harsh Steps Must Be Taken': Calcutta HC Orally Remarks In Plea By Students Who Were Allegedly Beaten In Custody
In a matter concerning the brutal assault meted out to protesting female students from a university in North Bengal at a Women's Police Station, the Calcutta High Court has expressed its concerns regarding the way the police station had been functioning.While addressing the Advocate General, Justice Tirthankar Ghosh orally remarked, "I am expressing my mind...that police station is not well....
Co-Opted Members Of Bar Council Cannot Be Considered As A Separate Class From Elected Members: Kerala HC
The Kerala High Court recently held that co-opted members of the Bar Council cannot be considered as a separate class from elected members.Justice C. S. Dias made this observation in a petition filed by 2 co-opted members of the Bar Council of Kerala (BCK) who challenged the decision of the Council to keep them away from its meeting after the Bar Council of India (BCI) extended the term of...
Witness Does Not Agree To Terms & Conditions Of A Document, Person Executing It Does: Allahabad High Court
While drawing a distinction between a witness to a document and a person who executes such document, the Allahabad High Court held that a witness does not agree to the terms and conditions of the document, whereas a person executing the same does.Respondent no.3 was allotted the property in question in an auction for retail outlet dealership. Petitioner filed a complaint against the...
DNA Report Merely Proves Paternity, Can't Establish Absence Of Consent In Rape Case: Delhi High Court
The Delhi High Court has observed that a DNA report merely proves paternity and cannot establish absence of consent of a woman in a rape case. Discharging a man in a rape case, Justice Amit Mahajan said:“….the DNA report merely proves paternity—it does not and cannot, by itself, establish the absence of consent. It is trite law that the offence under Section 376 of the IPC hinges on...
Kerala High Court Stays Criminal Proceedings Against Divya Pharmacy, Baba Ramdev & Acharya Balkrishna Over Medical Ads
The Kerala High Court on Thursday stayed the proceedings against Divya Pharmacy, Baba Ramdev and Acharya Balkrishna in a criminal complaint filed under the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 over the alleged publication of misleading medical advertisements.Justice VG Arun passed the interim order while issuing notice on a petition filed by them to quash a...
Driving In High Speed Insufficient To Conclude Driver Acted In Rash And Negligent Manner: Delhi High Court
The Delhi High Court has recently observed that driving in “high speed” does not automatically leads to a conclusion that the driver acted in “rash and negligent” manner. Justice Saurabh Banerjee discharged a man accused of driving his car in high speed and hitting two pedestrians who later died in the accident.The Court said that merely because the man was driving at a “high...