All High Courts
Hema Committee Report: Amicus Curiae Tells Kerala High Court That An Eminent Woman Should Lead Formulation Of Film Policy
Advocate Mitha Sudhindran, appointed as Amicus Curiae by the special Bench hearing matters related to the Justice Hema Committee Report has suggested in her report submitted before the High Court that it would be wise to nominate a lady of eminent reputation and experience to head the formulation of film policy. The High Court in its hearing had orally remarked that State should see that...
Evolve Mechanism For Online Classes, Time Frame For Students' Representation On Short Attendance: High Court To Delhi University, BCI
The Delhi High Court has asked the Delhi University and the Bar Council of India to evolve mechanism to enable students to attend LLB classes online and for specific time-frame in which they may make representation regarding short attendance. Justice Dinesh Kumar Sharma said that while the Court is conscious of the fact that physical attendance carries distinct values in professional...
Bombay High Court Grants 'A Chance' To Rape Accused To 'Reform and Repent'; Grants Bail To Man Booked For Raping Minor Cousin
The Bombay High Court recently while granting bail to a 20-year-old man booked for raping his minor cousin, said it wants to give a chance to the accused to 'repent, retrospect' and 'be remorseful.'Single-judge Justice Milind Jadhav said when the accused undertrials are 'young' then the courts must 'take a chance' by adapting to a 'reformative' approach instead of a 'punitive' approach.The...
Andhra Pradesh VAT Act | Pleadings On Suppression Of Material Facts, Wilful Evasion Of Tax Are Sine Qua Non For Invoking S.21(5): High Court
The Andhra Pradesh High Court has held that pleadings relating to suppression of material facts, in an assessment order are the sine qua non for invoking section 21(5); by way of which limitation for filing an assessment order is extended to 6 years from 4 years. "There is nowhere any mention of suppression of facts, much less, wilful suppression of facts, resulting in wilful evasion...
Statutory Remedy To Address Grievance On Implementation Of MNREGA Scheme Exists, PIL Can't Be Entertained: Gujarat High Court
While rejecting a PIL alleging irregularities in implementation of the scheme framed under Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), the Gujarat High Court on Tuesday (February 11) said that since a statutory remedy exists for addressing any grievances on the scheme's implementation a PIL cannot be entertained.A division bench of Chief Justice Sunita Agarwal and...
Role Limited To Setting Paper: Gujarat HC Rejects Examiner's Plea Alleging University Illegally Gave Marks To Failed Students, Fines ₹50K
The Gujarat High Court dismissed with Rs. 50,000 cost an examiner's appeal who had alleged that Pandit Deendayal Energy University (PDEU) “manipulated the results to preserve its reputation” by illegally assigning marks to 30 students who had actually failed as per his assessment, underscoring that the plea was “a sheer abuse of the process of the Court.”In doing so the court noted...
Mere Recovery Of Amount Without Conclusive Proof Of Demand Not Sufficient To Prove Charges Under Prevention Of Corruption Act: J&K High Court
The J&K High Court has held that a material discrepancy in the prosecution's case with respect to the mode and manner in which the demand for a bribe is made is sufficient to acquit the accused under the Corruption Act. The court also emphasized the principle that "Mere acceptance of any amount allegedly by way of illegal gratification or recovery thereof, without proof of the demand,...
Person Accused Of Vandalising Property Upon Trespass Can Be Asked To Deposit Damages As Condition To Grant Bail: Kerala High Court
The Kerala High Court has held that a person booked for committing mischief under Section 324 of BNS along with house-trespass under Section 333 of BNS, can be asked to deposit an amount in accordance with the damage allegedly caused by him, as a condition precedent to bail. Justice P. V. Kunhikrishnan held that the courts should compulsorily impose this condition while giving bail and...
Excluding Psychiatric Treatment From Medical Reimbursement Schemes Violates Mental Healthcare Act: Jharkhand High Court
The Jharkhand High Court has held one cannot be denied reimbursement for expenses incurred to get treatment for mental health, ruling that excluding psychiatric treatment from medical reimbursement schemes violates the Mental Healthcare Act, 2017. It was emphasized by the Court that the treatment of mental health is required to be treated on a par with physical healthcare and that...
Magistrate Has Discretion To Record Statement U/S 313 CrPC If Accused Has Not Examined Or Cross-Examined Witnesses: Karnataka High Court
The Karnataka High Court has said that it is the discretion of the trial court to dispense with the accused statement under Section 313 of the Criminal Procedure Code if the accused does not avail of any opportunity for cross-examining the witness or lead any defence evidence.A single judge, Justice H P Sandesh dismissed the petition filed by Sunil Yadav who was convicted for offences...
Bombay High Court Quashes Criminal Case Against Nestle India For Allegedly Making Maggi With 'Substandard Materials'
The Nagpur bench of the Bombay High Court recently quashed a criminal case lodged against Nestle India for using "substandard" materials for producing "Maggi" and breaching the provisions of the Food Safety Standards (FSS) Act.The company was also facing criminal proceedings for violations of the regulations provided under the Food Safety Standards (Food Product Standards and...