Drunk Driving Not Merely 'Reckless', S.304(II) IPC Must Be Added In Accidents Involving Drunk Drivers: Calcutta High Court Remarks

The Calcutta High Court on Monday stressed upon state advocates that in all cases of drinking and driving, where an accident had occurred, the state must add Section 304(II) IPC (culpable homicide not amounting to murder) as a charge against the accused, instead of Section 304(I) for merely reckless driving.Justice Tirthankar Ghosh stated: "Normal reckless driving S,304(I) is okay....SC...

Petition U/S 11 Of Arbitration Act Cannot Be Entertained After Lapse Of 3 Yrs From Date Of Cause Of Action Arising: J&K High Court

The Jammu & Kashmir And Ladakh High Court bench of Justice Tashi Rabstan has held that the petition under section 11 of the Arbitration Act cannot be entertained after lapse of 3 years from the date of cause of action having arisen. Brief Facts The petitioner is a private limited company has filed this petition under section 11 of the Arbitration Act seeking appointment of...

Mere Giving Of Hand Loans On One Or Two Occasions Is Not 'Money Lending Business': Kerala High Court

The Kerala High Court has ruled that the mere giving of hand loans on one or two occasions cannot be considered as engaging in money lending business, since that would discourage people from offering emergency hand loans due to fear of penal consequences under the Kerala Money-Lenders Act and Kerala Prohibition of Charging Exorbitant Interest Act.In the facts of the case, the petitioners...

Allahabad HC Adjourns Subramanian Swamy's PIL Against UP Govt's Action Declaring Temples' Fairs As Govt 'Melas' Till Jan 17

The Allahabad High Court today adjourned the hearing of Bharatiya Janata Party (BJP) leader Subramanian Swamy's PIL (Public Interest Litigation) plea moved challenging the Uttar Pradesh government's 2017 decision to take over the management of Melas and festivals associated with three temples of the state. A bench of Chief Justice Arun Bhansali and Justice Vikas Budhwar posted the...

Woman Died Within 4 Walls Of In-Laws' Home And Was Cremated Hurriedly: Rajasthan HC Overturns 22-Yr-Old Acquittal In Dowry Death Case

Overturning a 22-year old acquittal in a dowry death case, the Jodhpur bench of the Rajasthan High Court cancelled the bail bonds of the accused father-in-law and the mother-in-law, noting that they failed to explain the circumstances leading to the woman's death since the alleged crime took place within the four walls of their home.The court said that the duo failed to discharge their...

14th Century Jaunpur Atala Mosque Row | Allahabad HC Seeks Reply Of Plaintiffs In Suit Claiming Masjid To Be A Temple

The Allahabad High Court has called for a counter affidavit from the plaintiffs in a suit moved before a Civil Court in Jaunour, claiming that the 14th Century Atala Mosque in Jaunpur was originally an ancient Hindu temple of Atala Devi.The suit, moved by the Swaraj Vahini Association (SVA) and one Santosh Kumar Mishra, seeks a declaration that the disputed property is 'Atala Devi Mandir'...

Rajasthan High Court Permits Admission In Navodaya Vidyalaya To Student Who Couldn't Attend 'Full Academic Session' Due To Pandemic

Rajasthan High Court has directed granting of admission to a student in the Shri School Jawahar Navodaya Vidyalaya (“the School”) who did not attend 3rd standard for full one academic session on account of the classes commencing with a few months delay due to Covid, as against the selection guidelines that required the candidate to pass standards 3rd, 4th and 5th after spending one...

Punjab & Haryana High Court Makes WhatsApp Video Call To Police Station To Ascertain Whether Accused Joined Cheating Probe

While deciding a plea for extension of time to join probe, the Punjab and Haryana High Court made a video call on WhatsApp to the concerned Station House Officer, to ascertain whether the accused persons who were granted anticipatory bail, had joined investigation in a cheating case.The development came during the proceeding when the State counsel submitted that the accused had not joined...

High Court Can Direct CBI Probe Even When FIR Is Not Lodged In Case, State's Consent Not Required: Punjab & Haryana High Court

The Punjab and Haryana High Court has made it clear that a High Court can transfer a probe to CBI even when the FIR is not lodged in the case and for passing such a direction, the consent of the State will not be required.Justice Sumeet Goel said, "The High Court is well empowered to direct a CBI investigation, of a cognizable offence, alleged to have been committed within the territory of...

Gauhati High Court Directs Haj Committee To Decide Issue Of Excess Fare Charged From Pilgrims Within 90 Days

The Gauhati High Court recently directed the Central Haj Committee of India to dispose of the representations regarding excess airfare charged from Haj pilgrims of Assam, strictly in the light of the provisions contain in Section 42 of the Haj Committee Act, 2002, within 90 days. The single bench comprising Justice Soumitra Saikia was hearing a writ petition filed by 91 Haj pilgrims of...

All Weather Motorable Roads Being Constructed In Chhotaudepur's Remote Areas: Gujarat HC Told After Pregnant Woman Dies On Way To Ambulance

The State government told the Gujarat High Court on Friday (December 6) that all-weather motorable roads were being constructed wherever feasible in remote areas of Chhotaudepur to ensure that ambulances reach at the sight of emergency and new portable stretchers are being provided for carrying patients from their residence to the ambulance stop. The submission was made before a Chief...

[PMLA] Liberty Is Intrinsic To Rule Of Law, Court Cannot Be Restrained From Granting Bail On Account Of Restrictive Statute: Calcutta HC

The Calcutta High Court has granted bail to a man being investigated by the Enforcement Directorate under the PMLA for allegedly running a fake call centre and promising services to victims in exchange for money, which were never delivered. The alleged victims were from countries such as the US, UK, Germany, Australia, etc.Justice Suvra Ghosh held: The charge sheet of the scheduled offence...