Allahabad High Court Allows Withdrawal Of PIL Against Appointment Of SP Gupta As State Information Commissioner

On Wednesday, the Allahabad High Court dismissed a Public Interest Litigation (PIL) plea as withdrawn, challenging Swatantra Prakash Gupta's appointment as the State Information Commissioner. The PIL plea, filed by the petitioner in person, Ashish Kumar Singh, challenged Gupta's appointment as the SIC, contending that it violates Section 15(6) of the Right to Information Act, 2005,...

Benefit Of First Proviso To Section 479 BNSS Cannot Be Applied Retrospectively To Convicted Prisoners: Kerala High Court

The Kerala High Court recently held that the benefit of Section 479 of BNSS, particularly the first proviso thereof, cannot be applied retrospectively to convicted prisoners.For context, Section 479 BNSS deals with the maximum period of time for which a undertrial prisoner can be detained. The first proviso stipulates that a first-time offender shall be released on bond if he has...

Blacklisting Not Necessary Consequence Of Every Termination, Notice & Hearing Must Before Blacklisting From Future Contracts: Kerala HC

The Kerala High Court has held that notice and opportunity of hearing must be provided to persons before debarring or blacklisting them from future contracts. Justice C.S. Dias further stated that debarring or blacklisting is a matter of serious concern and should not automatically follow every termination.The bench added that termination of contract of a person is different from debarring...

TRP Game Zone Fire: Gujarat HC Grants Regular Bail To Three, No Bail To Former Chief Fire And Town Planning Officers

The Gujarat High Court on Thursday (January 30) granted regular bail to three persons accused in the TRP Game Zone Fire incident wherein twenty-seven individuals, including four children, perished in the massive fire that engulfed the game zone in Rajkot's Nana-Mava locality on May 25, 2024. Justice MR Mengdey further rejected the regular bail plea of four accused who have been booked in...

Madhya Pradesh HC Closes Guest Faculty's Plea Alleging Harassment By College Authorities To Join RSS, State Assures To Take Action

The Jabalpur bench of the Madhya Pradesh High Court recently disposed of a plea filed by a guest faculty, alleging that he was being forced to join Rashtriya Swayamsewak Sangh (RSS) by the college authorities.Justice Vivek Agarwal closed the matter after the State submitted that concerned Superintendent of Police will look into the complaint.The bench in its order observed, “Government...

Calcutta High Court Constitutes SIT To Probe Sandeshkhali Gang Rape Case, Flags Delay In Investigation

The Calcutta High Court has constituted a special investigation team (SIT) to probe allegations of gang rape in West Bengal's Sandeskhali allegedly involving politically influential persons.Justice Tirthankar Ghosh formed an SIT comprising Rahul Mishra, IPS and SDPO, Baduria, Basirhat Police District, along with Bireswar Chatterjee, Assistant Commissioner of Police, Homicide Section,...

Drug Malady Eating Country's Future Like Termite, Surge In Bail Pleas Involving Heroin Shows State's Failure To Curb Menace: P&H High Court

The Punjab & Haryana High Court has flagged an "unexpected surge" in the bail pleas involving heroin since last month, observing that it indicates the state government's failure to curb this menace, especially in the state of Punjab which is a great concern in itself as this drug malady is eating the future of this country like a termite.In doing so the Court rejected the anticipatory...

Seem To Be Passed In Great Haste: Rajasthan HC Tells State To Decide Afresh On Transfer Of 1116 Accounts Officers Ensuring Non-Arbitrariness

The Jodhpur bench of the Rajasthan High Court has directed the State to take a fresh call on the transfer of 1,116 Assistant Account Officers, who had alleged violation of a Finance Department circular as per which the officers could be transferred "only in special circumstances and in the interest of the state" before completing 4 years with sanction. The court said this after noting the...

Madras HC Finds Shaadi.com's "30-Day Money Back Guarantee" Ad Slogan Prima Facie Misleading, Says Real Terms 'Tucked In Fine Print'

The Madras High Court has held that a recent advertisement of the matrimonial company Shaadi.com giving money back guarantee if unable to find a bride/groom in 30 days is prima facie misleading and deceptive. Justice RMT Teeka Raman observed that real terms of the offer, which is "contrary" to the promise made in the ad, are "tucked in fine print". As per the terms and conditions, the...

[Section 223 BNSS] Notice Of Hearing Can Be Issued To Prospective Accused Only After Examining Complainant And Witnesses: Kerala High Court

The Kerala High Court has clarified that before issuing notice to an accused named in the complaint, the Magistrate must first examine the complainant and witnesses on oath as per Section 223 (1) of the BNSS. It further clarified that as per first proviso to Section 223 (1), if the Magistrate decides to take cognizance of the offence, the accused should be given an opportunity of hearing....

Rajasthan HC Slams State For Transferring 8-Month Pregnant Officer 320 Km Away From Current Posting, Orders Sensitization Of Authority

Terming the State's action in transferring an 8-month pregnant nursing officer 320 km away from her current posting as a display of "sheer apathy and callous disregard for basic human dignity", the Rajasthan High Court directed the Health Secretary to sensitize its officers empowered to pass transfer orders. It said this while emphasizing that "maternal health has been given statutory...

S.479 BNSS | Trial Courts Must Not Mechanically Adjourn Bail Pleas Of Undertrials Who Completed One-Half Of Maximum Imprisonment: Delhi HC

The Delhi High Court has ruled that the trial courts must promptly pass orders and must not mechanically adjourn bail applications moved in cases covered by Section 479 of Bharatiya Nagarik Suraksha Sanhita, 2023, where the undertrial prisoners have already undergone one half of the maximum imprisonment. Justice Swarana Kanta Sharma said that in case a judge proceeds on leave, it must be...