All High Courts
Penalty Under RTI Act Cannot Be Imposed Without Notifying Responsible Officer: Jharkhand HC Sets Aside ₹25k Fine On Addl Dy Commissioner
The Jharkhand High Court has held that a penalty under Section 20(1) of the Right to Information Act, 2005, cannot be imposed without first issuing notice to the officer actually responsible for the delay in furnishing information.Justice Sujit Narayan Prasad, setting aside a ₹25,000 penalty imposed on Ganesh Kumar, the then Additional Deputy Commissioner of East Singhbhum, said, “for...
BNSS & BSA Grant Discretion To Summon, Examine Witnesses Allowing Trial Courts To Determine How To Proceed In PMLA Cases: Kerala High Court
The Kerala High Court has held that Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshiya Adhiniyam (BSA) grant discretion in the manner for summoning and examining witnesses, allowing the Trial Court to determine whether to proceed with the PMLA trial or to keep it in abeyance until the predicate offence trial is concluded.A division bench of Justice A.Muhamed Mustaque and Justice...
Calcutta High Court Orders Police Picket Outside Rabindra Bharati University Over Protest By Dismissed Employees
The Calcutta High Court has directed police presence outside Shantiniketan's Rabindra Bharati University campus to ensure the safe ingress and egress of officials in a plea seeking police assistance outside the campus due to an ongoing protest by dismissed employees of the university.Justice Jay Sengupta held: Even if the dismissed employees or others want to protest, the same has to be in...
Dismissal Is Last Resort; Disciplinary Authorities Must Consider Lesser Penalties Before Extreme Punishment: Chhattisgarh HC
Chhattisgarh High Court: A Division Bench comprising Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal set aside the compulsory retirement of a police constable, finding the punishment to be disproportionate. The court held that disciplinary authorities must consider lesser punishments provided under Regulation 226 of the Police Regulations before imposing major...
Different Approach Must Be Adopted In Bail Pleas Arising Out Of Corruption Cases Of Huge Magnitude: J&K HC Denies Bail To Chief Engineer
The Jammu and Kashmir High Court held that while determining a bail application, the severity of the punishment is an important but not the only factor; the court must also consider the nature and gravity of the offence with which the applicant is charged.The court said that the allegations were not of an ordinary kind and fell under a different league. The case involved corruption...
PMLA | For Acts Done Prior To Enactment Penalty Follows Only If Proceeds Of Crime Are Utilized, Article 20(1) Is Not Violated: Kerala HC
The Kerala High Court has held that Prevention of Money-Laundering Act, 2002 does not penalize a person for his past actions, but penal consequences only follow when the accused utilizes the proceeds of the crime from past actions for money laundering after the enactment of PMLA and the amendment to its schedule in 2009. The Court thus held that Section 3 of the PMLA criminalizes the act of...
Munambam Land Dispute: Kerala Govt Prefers Appeal Against High Court Order Cancelling Appointment Of Inquiry Commission; Hearing On April 3
The Kerala government has preferred an appeal against High Court's March 17 order cancelling the appointment of an Inquiry Commission set up by the State to resolve the land dispute between residents of Munambam and the Waqf Board.A single judge of the Court had allowed the plea filed by Kerala Waqf Samrakshana Vedhi, a registered society which works for protecting Waqf properties in the...
Gujarat High Court Delivers Spilt Verdict On Temporary Bail Sought By Asaram In Rape Case
The Gujarat High Court on Friday (March 28) gave a spilt verdict on the temporary bail plea moved by Asaram who was convicted in a 2013 rape case by a sessions court in 2023 and is serving a life sentence. Notably, the Supreme Court had in January this year granted interim bail till March 31 to Asaram on medical grounds.When the matter was called today, a division bench lead by Justice Ilesh...
Educational Service Tribunal Will Conduct Proceedings As Per Working Hours, CCTV & VC Facility To Be Set Up In 2 Months: State To Gujarat HC
The State has assured the Gujarat High Court that the State Educational Institutions Service Tribunal shall conduct judicial proceedings strictly as per the daily working hours, and CCTV cameras as well as virtual hearing facility shall be made available within two months. The submission was made by the government pleader in a matter, where the parties had earlier raised concerns about...
Breaking | Kunal Kamra Moves Madras High Court For Transit Anticipatory Bail In Mumbai Police FIR Over Satire Video; Hearing Today
Stand-up comedian Kunal Kamra has approached the Madras High Court seeking transit anticipatory bail in connection with the FIR lodged against him at Mumbai over his alleged remarks against Maharashtra Deputy CM Eknath Shinde.Kamra is a permanent resident of Villupuram town in Tamilnadu and thus claims Madras High Court has jurisdiction. An urgent mentioning of the case was made before...
Recovery Of Excess Amount Can't Be Permitted If Officer Is Not At Fault: Delhi High Court
A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur observed that if an Officer was granted training allowance for the period he was not working as an Instructor, recovery for an excess amount at a later stage could not be permitted as it was undeniably not his fault. The Bench held that any amount recovered from the Petitioner should be refunded...
'Only Conversant With Urdu': Bombay HC Quashes Detention Order Over Non-Supply Of Translated Documents To Detenue
The Bombay High Court recently quashed a detention order of a man after noting the fact that the detaining authority did not serve all the documents pertaining to his detention in 'Urdu' - the language he was only conversant with.A division bench of Justices Sarang Kotwal and Shriram Modak noted that the detenue - Shahabaz Ahmed Mohammad Yusuf @ Commando was only conversant with Urdu...