All High Courts
Hardcore Prisoner Can't Be Released On Emergency Parole Without Completion Of 5 Yrs Of Imprisonment After Latest Offence: P&H High Court
The Punjab & Haryana High Court has declined to grant emergency parole to a life convict seeking temporary release on account of the death of his wife, holding that he did not fulfil the statutory requirement of completing five years of imprisonment after his latest offence, as mandated under the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022.However, taking a humanitarian...
Abu Salem Moves Bombay High Court Seeking 14-Days Emergency Parole Leave To Mourn Brother's Death
The Bombay High Court on Tuesday (January 6) ordered the Maharashtra Government to file a reply to a plea filed by underworld gangster Abu Salem–convicted in the 1993 Mumbai Bomb Blast Case–who has sought 14-days 'emergency parole leave' in view of his elder brother's death. Salem, who is in prison for more than 2 decades now, has petitioned the division bench of Justice Ajay Gadkari...
Plea Of Delay U/S 29A A&C Act Cannot Be Used Selectively By NHAI When Extensions Granted In Similar Land Acquisition Cases: HP High Court
The Himachal Pradesh High Court held that the National Highway Authority of India could not be permitted to raise the plea of delay and laches to defeat continuation of arbitral proceedings when extensions had already been granted and proceedings concluded in the cases of other similarly placed landowners. The court remarked that, having participated in the proceedings for almost nine years,...
Bar Bodies Move Madras High Court Challenging Mandatory E-Filing In District Courts, Cite Lack Of Infrastructural Facilities
The Madras High Court Advocates Association and other bar bodies have approached the Madras High Court challenging a recent notification mandating e-filing in the district judiciary. Remarking that a solution has to be found for the issue, the bench of Chief Justice Manindra Mohan Shrivastava and Justice G Arul Murugan adjourned the plea to January 19th. The bar bodies have...
Reassessment Notice To Non-Existent Firm Invalid: Bombay High Court Reiterates
The Bombay High Court has reiterated that proceedings initiated against a non-existent entity are invalid in law. A Division Bench of Justices B.P. Colabawalla and Amit S. Jamsandekar set aside a reassessment notice and a consequential assessment order issued under the Income Tax Act against a partnership firm that had merged into a private limited company years earlier. The case concerned...
Married Woman Undergoing Abortion Due To Marital Discord Not An Offence If Done As Per MTP Act: Delhi High Court
Reaffirming reproductive autonomy of women, the Delhi High Court on Tuesday held that marital discord impacting mental health of a woman is a valid ground to seek abortion under the provisions of the Medical Termination of Pregnancy Act. “The right of exercise of reproductive choice, though is restricted by Medical Termination of Pregnancy Act, it also recognizes and protects her right to...
UAPA | Punjab & Haryana High Court Grants Default Bail In Alleged Terrorism Case, Condones 1415-Day Delay
The Punjab & Haryana High Court has granted default bail to an accused in an alleged terrorism case registered under the Unlawful Activities (Prevention) Act, 1967, while condoning an extraordinary delay of 1415 days in filing the statutory appeal, primarily on the ground of parity with a co-accused who had earlier secured identical relief from the Supreme Court and the...
Judges Of Constitutional Courts Not Liable Under Section 16 Contempt Of Courts Act: Kerala High Court
In a recent judgment, the Kerala High Court dismissed a plea challenging Sections 2(c) (i), 14, 16 and 17(5) of the Contempt of Courts Act, 1971.The Division Bench of Chief Justice Nitin Jamdar and Justice S. Manu also refused to declare that Section 16 was applicable to judges of the superior courts, and that Section 17(5) has to be read along with the constitutional guarantee of right...
Ad-Hoc Promotion Beyond Prescribed Quota Confers No Right To Seniority Or Service Benefits: Himachal Pradesh High Court
The Himachal Pradesh High Court dismissed a writ petition, holding that when ad-hoc promotion is clearly beyond the 15% quota and therefore not in accordance with the Recruitment and Promotion Rules no consequential service benefits can be given. Justice Ranjan Sharma remarked that: “Once the adhoc promotion given to the petitioner was beyond or in excess of 15% quota… therefore, the...
Further Investigation U/S 173(8) CrPC After Framing Of Charge Cannot Be Ordered Routinely; Must Be Backed By Reasons: Bombay High Court
The Bombay High Court has held that though an application for further investigation under Section 173(8) of the Code of Criminal Procedure may be maintainable even after framing of charge, such power cannot be exercised mechanically or routinely, and must be supported by strong and justifiable reasons demonstrating serious lapses in investigation. The Court observed that a fair...
'His Right To Earn Livelihood Can't Be Curtailed': Allahabad HC Suspends Conviction, LI Of Govt Servant In Minor Daughter Rape Case
The Allahabad High Court recently suspended the conviction and sentence of a government servant (Lekhpal) accused of sexually assaulting his 16-year-old daughter, observing that his right to earn his livelihood for survival cannot be curtailed merely because of his implication in the case. A bench of Justice Siddharth and Justice Prashant Mishra-I also noted that the appeal is of...