'Sheer Incompetence', Punjab & Haryana High Court Attaches Salaries Of SHO, DSP Over Failure To Track Proclaimed Offender For Almost 2 Yrs

Taking a stern view on “sheer incompetence” of the Punjab Police, the Punjab and Haryana High Court has directed to attach the salaries of a Station House Officer (SHO) and his senior, the Deputy Superintendent of Police (DSP) over their failure in apprehending a proclaimed offender, despite repeated court orders.Justice Harpreet Singh Brar said, "This approach of the Punjab Police...

Provide Documents Relating To Haryana Assembly Election To Mehmood Pracha: Punjab and Haryana High Court Directs ECI

The Punjab and Haryana High Court on Monday (December 9) directed the Election Commission of India (ECI) to provide required documents of Haryana Assembly Elections to Advocate Mehmood Pracha.Justice Vinod S. Bhardwaj in his order said, "Taking into the consideration the provisions of the Conduct of Election Rules, 1961, the respondents are directed to supply the copy of the requisite...

Complainant Was A 'Notorious Lady', In The Habit Of Filing Complaints: Ex-CM Yediyurappa To Karnataka HC In POCSO Case Filed Against Him

Questioning the cognizance taken by the magistrate of a chargesheet filed against B S Yediyurappa and other accused in a POCSO Case, the former CM told the Karnataka High Court on Tuesday (December 10) that the complainant was a "notorious lady" urging the court to look at her statements with a pinch of salt. Senior Advocate C V Nagesh arguing for Yediyurappa before Justice M...

Gujarat High Court Declines Bail To Husband Booked For Wife's Murder After Noting That He Tried To Mislead The Probe

The Gujarat High Court recently rejected a man's bail plea who is accused of his wife's murder after noting that he had attempted to mislead the probe by first filing a missing person complaint and a habeas corpus petition before the court despite identifying the place from where the remains of his deceased wife's body were dug out.Justice A.Y. Kogje in his November 29 order observed:The...

Complainant Cannot Be Permitted To Back Out Of Mutual Compromise, Would Act As “Premium” For Dishonest Litigation: Punjab & Haryana HC

The Punjab & Haryana High Court has made it clear that once parties have entered into mutual settlement, backing out from the same cannot be allowed under the law.In a cheque bounce case the complainant backed out from the compromise, however the court rejected the claim and quashed the complaint in view of earlier stand that compromise had taken place.Justice N.S. Shekhawat said, "it...

Lodging FIR After Advocate Is Threatened Upon Appearing For Client Is Not Misuse Of Advocacy: Madhya Pradesh HC

While dismissing a man's plea for quashing an FIR after he was accused of threatening his advocate, the Gwalior bench of Madhya Pradesh High Court said that advocates do not have any personal interest in their clients case, and so threatening them because they accepted the accused's case amounts to interference in their professional life. Hence, registering an FIR for being threatened...

Death Of Unnao Rape Victim's Father: Delhi High Court Grants Interim Bail To Kuldeep Sengar On Medical Grounds

The Delhi High Court on Tuesday (December 10) granted interim bail on medical grounds to expelled BJP leader Kuldeep Singh Sengar in the custodial death case of Unnao rape victim's father.Justice Manoj Kumar Ohri granted interim bail for 10 days to Sengar who is serving 10 years of imprisonment in the case. The Court partly allowed Sengar's plea and suspended his sentence for the time being....

Kerala High Court Upholds Conviction Of Riyas Aboobakkar For Propagating ISIS Ideologies, Awards 8-Yr Rigorous Imprisonment

The Kerala High Court has upheld the conviction imposed upon Riyas Aboobakkar by the Special Court constituted under the NIA Act. His conviction under Sections 38 (offence relating to membership of a terrorist organisation) and 39 ( offence relating to support given to a terrorist organisation) of the UAPA, read with Section 120B of the IPC was upheld by the High Court.The Division Bench...

Interest Cannot Be Awarded By Arbitrator When Awarding Of Interest Is Prohibited In Contract: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justices Sanjeev Sachdeva and Vinay Saraf has held that the tribunal has no discretion to award payment of interest when there is clear prohibition in the contract that the interest cannot be given. Brief Facts This petition has been filed to challenge the award to the limited extent that interest on the refund of security deposit and earnest...

Alternative Remedy Precludes Writ Petition In Gratuity Dispute: Allahabad HC

Allahabad High Court: A single judge bench consisting of Justice Abdul Moin dismissed a writ petition filed under Article 226. The writ petitioner disputed an order that denied him gratuity for his years of work as a daily wager. The Court noted that the Controlling Authority under the Payment of Gratuity Act, 1972 ('the Act') is statutorily designated to resolve such gratuity...

Rent Control Act | Pleadings Regarding Denial Of Title Or Claim For Permanent Tenancy Must Be Clear & Specific: Kerala High Court

The Kerala High Court has observed that for the Rent Control Court to assess the genuineness of the claim of permanent tenancy or denial of title, the pleading must be clear, specific, unequivocal and explicit.“The Pleading regarding the denial of title or the claim for permanent tenancy must be clear, specific, and unequivocal, without which the Rent Control Court cannot assess whether...

Executing Court Cannot Go Behind Award To Modify Or Declare It Void: Madhya Pradesh High Court

The Madhya Pradesh High Court bench of Justices Vivek Rusia and Binod Kumar Dwivedi has held that executing court cannot go behind the award or decree to modify or declare it void. Brief Facts This appeal has been filed against an order passed by the Executing Court by which while dismissing the petition, the court also set aside the award. It is the contention of the appellant...