Kerala High Court Dismisses Plea For Further Probe Into Swami Saswathikananda's Death, Says Investigations Confirm Accidental Drowning

The Kerala High Court has dismissed a petition seeking further investigation under the supervision of an officer not below the rank of Inspector General into the death of Swami Saswathikananda.Swami Saswathikananda was discovered dead at the bathing ghat on the banks of the Periyar river on the morning of July 01, 2002. Justice Kauser Edappagath noted that investigation into the death of...

Authority Imposing Damages Must Provide Detailed Reasoning For Penalties Under EPF Act: Calcutta HC

Calcutta High Court: A Single Judge Bench of Justice Shampa Dutt (Paul) dismissed a writ petition challenging the Central Industrial Tribunal's order that had set aside damages imposed by the Assistant Provident Fund Commissioner. The Court held that authorities imposing damages under Section 14B of the Employees' Provident Fund Act must provide detailed reasoning and proper calculation...

Misuse Of Firecrackers Can Cause Not Only Ocular Injuries But Also Other Bodily Harm: Delhi High Court Calls For Inclusive Prayers In PIL

The Delhi High Court on Wednesday heard a public interest litigation concerning the issue of ocular injuries caused due to usage of firecrackers, in absence of proper safeguards followed during manufacturing of the products.A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela observed that misuse of firecrackers can result not only in ocular...

Allowing Quashing Of Non-Compoundable Offences Like Kidnapping, Theft Based On Compromise Will Set 'Dangerous Precedent': Rajasthan HC

While refusing to quash an FIR registered for non-compoundable offences of kidnapping, theft after the parties had entered into an amicable settlement, the Rajasthan High Court underscored that permitting quashing of such cases based on compromise would undermine the very purpose of criminal law and embolden offenders.In doing so the court underscored that compounding of such offences would set...

Delhi High Court Issues Notice On PIL To Reduce Bird Strike With Aircrafts, Close Illegal Slaughterhouses Near IGI Airport

The Delhi High Court on Wednesday issued notice on a public interest litigation seeking to reduce bird aircraft strike hazard and to close illegal slaughterhouses around the Indira Gandhi International (IGI) Airport. A division bench comprising Chief Justice Devendra Kumar Upadhyaya and Justice Tushar Rao Gedela sought response of Union of India through Directorate General of Civil...

Quarrels Between Husband & Wife Or Divorce Demands By Husband, His Relatives Not 'Cruelty' As Per S. 498A IPC: Gauhati High Court

The Gauhati High Court has observed that quarrels between husband and wife or the demand for divorce by the husband or his relatives do not amount to cruelty within the meaning of Section 498(A) of the Indian Penal Code. A bench of Justice Parthivjyoti Saikia added that the word “cruelty” for the purpose of Section 498(A) IPC is to be established in the context of Section 498(A),...

Quashing Of Drunken Driving Charge U/S 185 MV Act Doesn't Nullify Prosecution Initiated U/S 279 IPC For Rash Driving: Kerala High Court

The Kerala High Court has allowed continuation of prosecution against an alleged offender under Section 279 of the IPC for rash and negligent driving, even while quashing proceedings against him under 185 of the Motor Vehicles Act for drunken driving due to non-compliance of procedural requirements.Justice G. Girish observed that Section 297 of IPC and Section 185 of the MV Act are...

Krishna Janmabhumi Dispute | Allahabad HC Allows Impleadment Of UOI, ASI As Defendants In Hindu Plaintiffs' Suits With ₹5K Costs

In the ongoing Krishna Janmabhoomi-Shahi Eidgah Mosque dispute in Mathura, the Allahabad High Court on March 5 allowed amendment applications moved in two suits pending before the HC to implead Union of India through Secretary Ministry of Home Affairs and the Archaeological Survey of India (ASI). A bench of Justice Ram Manohar Narayan Mishra allowed the application subject to a cost...

S.45 Indian Evidence Act | Court Can Refuse Expert Opinion For Comparing Signatures If No Doubt Exists Regarding Genuineness: Rajasthan HC

The Rajasthan High Court has affirmed that normally a court shall seek expert opinion under Section 45 of the Indian Evidence Act when it has to compare admitted and disputed signatures. However it can refuse such expert opinion only if there are "no doubts regarding the genuineness" of the signatures after comparison.Justice Anoop Kumar Dhand referred to Section 45 which provides that the...

[S.197 CrPC] Want Of Sanction For Prosecution Extended To Members Of Kerala Police Entrusted With 'Maintenance Of Public Order': Kerala HC

The Kerala High Court has held that sanction is required to prosecute members of Kerala Police who are responsible for maintaining public order. The Court also relied upon Sarojini v Prasannan (1996) to clarify that maintenance of public order is a subset of law and order.Notably, Section 197 of CrPC protects judges and public servants from false, vexatious or malafide prosecution. Section...

Labour Court Cannot Grant Monetary Relief Without Pre-existing Entitlement: Bombay HC Clarifies Scope Of Recovery Under Section 33C(2), Industrial Disputes Act

Bombay High Court: A Single Judge Bench of Justice R.I. Chagla ruled that claims under Section 33C(2) of the Industrial Disputes Act must be supported by clear entitlements arising from statute, contract, or custom. The court clarified that a “cease and desist” direction in an order declaring a transfer illegal does not automatically create monetary entitlements. Furthermore, it...

Delhi High Court Declares 'Taj' As Well Known Trademark For Services In Hotel And Hospitality Industry

The Delhi High Court has declared “Taj” a well known trademark in respect of hotels and other related services in the hospitality industry. “The long duration for which the TAJ marks have been in use by the plaintiff, wide geographical area of their use, their knowledge among the general public and their goodwill and reputation due to the extensive promotion, publicity and extensive...