Not Essential To Arrest Person Who Voluntarily Appears Before Magistrate For Giving Specimen Signature Or Handwriting: Delhi High Court

The Delhi High Court has recently ruled that it is not essential to arrest a person who voluntarily appears before the Court or Magistrate, pursuant to the application filed by the Investigating Officer, for giving specimen signature or handwriting. A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma upheld the constitutional validity of proviso to Section 311A...

Allahabad High Court Directs UP Police To Deploy Force To Protect 17th Century Agra 'Hammam'

On Thursday, the Allahabad High Court directed the Archaeological Survey of India (ASI) and the Commissioner of Police, Agra, to ensure that no damage iss caused to a 17th-century Hammam (public bath) in Agra. A bench of Justice Salil Kumar Rai and Justice Samit Gopal passed this order while dealing with the PIL plea filed by one Chandrapal Singh Rana seeking protection of...

Lucknow Courtroom Clash | Allahabad HC Grants Relief To Man, His Family Members Accused Of Assaulting Lawyers

On Thursday, the Allahabad High Court issued a stay on coercive action against a man and his three family members who are accused of assaulting lawyers inside Lucknow District Court Complex earlier this month. A bench of Justice Jaspreet Singh and Justice Rajeev Singh also directed that the Additional Commissioner of Police of the area concerned conduct the investigation into the...

ADJ Expected To Not Only Apply His Mind But Also Deal With Arguments Of Parties Before Returning Findings: Allahabad High Court

While dealing with a case under Article 227 of the Constitution, the Allahabad High Court has observed a judge of the rank of Additional District and Sessions Judge is expected not only to apply his judicial mind but also deal with the arguments of the parties before returning any findings.Holding that revision is to be treated as an appeal where remedy of appeal is not specifically...

No Automatic Right To Backdated Regularization; Municipal Corporations May Consider Financial And Administrative Constraints: Gujarat HC

Gujarat High Court: A Division Bench comprising Justices A.S. Supehia and Gita Gopi set aside an order of a single judge bench that directed Ahmedabad Municipal Corporation (AMC) to backdate the regularization of certain daily wage workers. The Court held that municipal corporations cannot be compelled to regularize workers retrospectively, even if the workers had completed the...

Delhi High Court Issues Directions For Speedy Disposal Of Compromise Based Pleas To Quash FIRs

The Delhi High Court has recently issued practice directions for ensuring speedy disposal of non-contentious compromise based petitions involving quashing of FIRs. The practice directions have been issued by Acting Chief Justice Vibhu Bakhru on December 24. The directions state that all non-contentious compromise based petitions involving quashing of FIRs will be preliminary listed before...

Karnataka HC Orders Modification Of Name, Gender In Birth/Death Certificate Of Transgender Persons If Sought With Necessary Certificate

The Karnataka High Court has asked the state government to suggest amendments to the Registration of Births and Deaths Act, 1969, and the rules framed thereunder to "give effect" to the Transgender Persons(Protection of Rights) Act 2019, in permitting change of name and gender of a transgender person in their birth/death certificate.In doing so the court directed the Registrar to modify the...

Referring Member Of Consumer Forum To Only Give Opinion On Points Raised For Reference, Not Decide Matter Itself: Allahabad High Court

The Allahabad High Court has held that when a matter is placed for reference before a third member, it is the job of the referring member to just opine on the issues raised for reference. Justice Pankaj Bhatia held that in such a case, it was not up to the referring member to resolve the entire matter themselves.Referring to the Consumer Protection Act, the Court held that“In terms of...

Burden Of Proof On Vehicle Owner To Establish Driver's Valid License: Jharkhand High Court Sets Aside ₹6.63 Lakh Compensation Award

The Jharkhand High Court has clarified the burden of proof regarding liability in motor vehicle accident claims, observing that the owner of the offending vehicle must prove that the vehicle was being driven with a valid and effective driving license.Justice Subhash Chand, presided over the case and noted, “The very burden of proof lies upon the owner of the offending vehicle even if the...

Calcutta HC Allows Review Petition Filed By IIM Calcutta Faculty; Confirms Automatic Inclusion Into New Pension Scheme As Per 1987 Memorandum

Calcutta High Court: In 2020, a Division Bench had denied pension benefits to an IIM Calcutta faculty member for failing to opt into the new GPF-cum-Pension-cum-Gratuity Scheme. However, a Division Bench of Justices Rajasekhar Mantha and Ajay Kumar Gupta allowed a review petition against this judgement. The bench held that the relevant pension rules automatically covered employees who...

'Prima Facie Serious Allegations': Telangana High Court Declines Anticipatory Bail To Actor Mohan Babu Over Alleged Attack On Journalist

The Telangana High Court on Monday (December 23) dismissed the anticipatory bail plea moved by veteran actor Mohan Babu in connection with the alleged attack on a TV9 journalist.Justice K Lakshman in his order observed, "Respondent No.2 (complainant) received grievous injury and he underwent surgery. Prima facie, there are serious allegations against the petitioner. Investigation is...

'Rejection Of Disability Pension Should Be Based On Reasoned Order ': Delhi High Court

A Division Bench of the Delhi High Court comprising Justices Navin Chawla and Shalinder Kaur held that since the Petitioner's disabilities arose while he was in service, the possibility of the disabilities having arisen due to being in service could not be ruled out. The Bench further held that the Respondents did not explain as to why they did not consider the opinion of the Medical...