Survey Commissioner Cannot Be Appointed To Collect Evidence: Jharkhand High Court

The Jharkhand High Court, in a recent judgment while setting aside a trial court order appointing a survey commissioner, ruled that the order failed to establish the necessity for local investigation under Order XXVI Rule 9 of the Code of Civil Procedure (CPC) and lacked sufficient reasoning.The High Court cited the Apex Court's precedent in Saraswathy vs. Viswanathan [2002 (2) CTC 199],...

Telangana HC Explains Threshold Tests Of S.227 Within Statutory Framework Of CrPC, Upholds Conviction Of Accused With Alleged Ties To Lashkar-E-Taiba

The Telangana High Court has upheld the order of a Special Court wherein a discharged petition. filed by an accused who allegedly had ties to Lashkar-e-Taiba, and was planning a bombing during Dussehra was dismissed.The accused had filed a criminal appeal against the order of the trial court, contending that the prosecution had failed to prove a prima facie charge and that everything stated...

Walayar Rape-Death | Kerala HC Dismisses Plea By Victims' Mother Challenging Integrity Certificate Granted To SP Over Allegedly Faulty Probe

The Kerala High Court on Tuesday (December 24) dismissed a petition by the mother of two girls–who were allegedly raped and killed in Walayar in 2017–against the Integrity Certificate issued by the State to Superintendent of Police MJ Sojan, which is a requirement for conferring an officer with IPS cadre. Sojan is presently holding the post of Superintendent of Police (Non-IPS cadre) in...

Rajasthan High Court Annual Digest 2024 [PART I]

Citations: 2024 LiveLaw (Raj) 1 To 2024 LiveLaw (Raj) 232Orders/JudgmentsJanuary 2024Writ Petition Against Charge-Sheet Not Maintainable Unless Issued By Authority Not Competent To Initiate Disciplinary Action: Rajasthan HCTitle: Laxman Singh Gurjar v. Rajasthan State Road Transport Corporation & 2 Ors.Citation: Citation: 2024 LiveLaw (Raj) 1The Rajasthan High Court dismissed a writ...

Rajasthan Public Trust Act | If Registration Of Public Trust Is Challenged In Appeal, It Becomes Necessary And Proper Party To Proceedings: HC

Rajasthan High Court has set aside the order of the Commissioner, Devasthan Department, Udaipur (“Commissioner”) that rejected the application for impleadment of a public trust in an appeal filed for quashing the order vide which the registration of the trust was allowed, ruling that the trust was a necessary and property party for adjudication of the appeal.“…when the respondents no....

Chhattisgarh HC Takes Suo Motu Cognizance Of Alleged Discrepancies In Jal Jeevan Mission Claims In Bilaspur Villages

The Chhattisgarh High Court has taken suo motu cognizance of alleged discrepancies in the implementation of the Jal Jeevan Mission in certain villages of the Bilaspur district of the State. A bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal took note of a Dainik Bhaskar report, claiming that the officers of the Public Health Engineering Department had...

National Investigation Agency Act | High Court Can't Condone Delay In Filing Appeal Beyond 90 Days, S.21(5) Mandatory: Punjab & Haryana HC

The Punjab & Haryana High Court has said that the High Court is not empowered to condone delay in filing appeal under National Investigation Agency Act (NIA) beyond 90 days and provision of Section 21(5) is "mandatory" in nature. As per Section 21 of the Act, an appeal has to be made within 30 days of the date of the order or judgment. The Section allows the High Courts to entertain...

"Vigilance Bureau Initiated Criminal Proceeding To Harass": Punjab & Haryana HC Quashes Corruption Case Against Former Minister

The Punjab & Haryana High Court quashed two FIRs against former Congress food, civil supplies and consumer affairs minister Bharat Bhusan Ashu, and others in a corruption case pertaining to the alleged foodgrain tender and transportation scam.Two FIRs were lodged under the Prevention of Corruption Act and provisions of the IPC by Ludhiana and Jalandhar Vigilance Bureau in an alleged Rs....

Non-Implementation Of PM-ABHIM Scheme In Delhi Unjustified: High Court Orders Signing Of MoU By January 05

The Delhi High Court has recently ordered signing of an MoU between Union Ministry of Health and Family Welfare and the Delhi Government by January 05, 2025, for implementing PM- Ayushman Bharat Health Infrastructure Mission (PM-ABHIM) scheme in the national capital.A division bench comprising of Justice Prathiba M Singh and Justice Manmeet Pritam Singh Arora noted that the scheme would have...

Delhi High Court Bars Non-Advocates From Appearing Before Consumer Courts

The Delhi High Court has barred the practise of permitting non-Advocates or agents to appear before the Consumer Courts here on the basis of authority letters issued by lawyers, with immediate effect.Justice Sanjeev Narula directed all Consumer Commissions in Delhi to ensure that the parties are represented by Advocates or by the agents or representatives or non-advocates strictly in terms of...

Madras High Court Grants Interim Bail To Temple Activist, Asks Him To Refrain From Making Objectionable Comments Against Women

The Madras High Court has granted bail to temple activist Rangarajan Narasimham for allegedly making derogatory comments against a woman on social media. While granting interim bail, Justice V Lakshminarayanan asked Narasimham to delete all the offensive messages and refrain from making any vituperative comments against women in any of the social media forums. The court also...

Prima Facie State Human Rights Commission Has No Jurisdiction To Deal With Child Custody Issues: Allahabad HC

In a prima facie view, the Allahabad High Court has observed that the jurisdiction of the State Human Rights Commission doesn't extend to dealing with child custody matters. A bench of Justice Rajan Roy and Justice Brij Raj Singh took exception to and ultimately stayed the Commission's orders, which included directions to present the children before the commision for recording of...