All High Courts
Punjab & Haryana High Court Denies Bail To Persons Accused Of Human Trafficking Via 'Dunki Route'
The Punjab and Haryana High Court has held that persons accused of operating an organised human trafficking racket facilitating illegal migration through the “Dunki Route” are not entitled to the benefit of regular bail, considering the gravity and international ramifications of the offence. The Court observed that such offences involve systematic exploitation, cross-border illegality,...
Habeas Plea In Child Custody Case Not Maintainable When Child Is With Natural Guardian, No Imminent Threat Is Shown: P&H High Court
The Punjab and Haryana High Court has held that a habeas corpus petition in a child custody dispute is not maintainable when the minor is in the custody of a natural guardian, and no imminent threat to the child is demonstrated. The Court observed that custody with a natural guardian cannot ordinarily be termed illegal to invoke writ jurisdiction, in the absence of exceptional...
Graphologist's Report Cannot Be Admitted As Evidence To Determine Testator's State Of Mind Without Stating It's Relevance: Bombay High Court
The Bombay High Court has held that a graphologist's report cannot be admitted as expert evidence to determine the testator's state of mind unless its relevance and scientific basis are demonstrated in terms of the Evidence Act. The Court observed that in the absence of showing that graphology is a recognised science capable of assisting the Court, such opinion cannot be treated as...
Authorised ₹36.50 Crores To Clear Victim Compensation Arrears, ₹12.26 Crores Towards Arrears In Mediator Fees: State Tells Kerala High Court
The Additional Chief Secretary of Kerala's Finance Department has filed an affidavit before the High Court stating that the department has authorised an amount of ₹36.50 Crores for clearing the arrears of victim compensation and ₹12.26 Crores towards settlement of arrears of mediator fees.Last week, the Court had remarked that it would pass orders to attach the Treasury accounts of the...
Injury Sustained While De-Boarding At Station Where Train Does Not Halt Is Not 'Self-Inflicted Injury': Bombay High Court Orders Compensation
A passenger trying to de-board a train at a station where the train does not halt and sustains an injury, the said injury cannot be termed as a 'self-inflicted injury' but would constitute an 'untoward incident' qualifying such a passenger to seek compensation under section 124A of the Railways Act, held the Bombay High Court on March 24.Single-judge Justice Jitendra Jain was hearing a plea...
Kerala High Court Directs State To Operationalise Five New NDPS Courts Within 3 Months, Request Centre For Financial Assistance In A Week
The Kerala High Court recently directed the State government to operationalise five new NDPS Special Courts in the State within 3 months and to appoint permanent staff in these courts to ensure long-term accountability and institutional loyalty.The Division Bench of Chief Justice Soumen Sen and Justice C. Jayachandran, while considering a suo motu petition initiated to curb drug menace in...
“Contributory Negligence Won't Apply To Children”: J&K&L High Court Awards Compensation Over Drowning Of Minors In Unfenced Tank
The Jammu & Kashmir and Ladakh High Court has held that the doctrine of contributory negligence cannot ordinarily be invoked against children of tender age, and that authorities maintaining hazardous public installations are under a heightened duty to ensure adequate safety measures.The Court was hearing a writ petition filed by a father seeking compensation for the death of his three...
Liquor Business Is Not A Fundamental Right: MP High Court Upholds License Suspension Of Distilleries
The Madhya Pradesh High Court has upheld the suspension of multiple licenses held by Som Distilleries, observing that the liquor trade is not a fundamental right and is subject to strict statutory regulations. The bench of Justice Vivek Agarwal observed; "Firstly, liquor business is not a fundamental right and secondly, when the test of proportionality is applied, then on that touchstone...
Sessions Court Cannot Take Cognisance Of Offences Under Drugs & Cosmetics Act Without Committal By Magistrate: Bombay High Court
The Bombay High Court has held that a Sessions Court cannot take direct cognisance of offences under the Drugs & Cosmetics Act unless the case is committed to it by a Magistrate, as required under Section 193 of the CrPC. The Court observed that in the absence of any express provision in the Act permitting such direct cognisance, the statutory procedure under the CrPC must be...
Knanaya Community's Endogamy Not Essential Religious Practice, Excommunicating Members Marrying Outsiders Violates Rights: Kerala High Court
The Kerala High Court on Monday (March 23) held that the practice of endogamy among the Knanaya Christians is not an essential religious practice and excommunicating members for marrying outsiders violates their fundamental rights under Articles 21 and 25 of the Constitution of India.Justice Easwaran S. dismissed the appeals filed by the Archeparchy of Kottayam and the Knanaya Catholic...