All High Courts
POCSO Act Being Misused By Certain Persons To Wreak Vengeance Against Their Rivals: Kerala High Court
The Kerala High Court has observed that provisions of the POCSO Act were being misused by certain persons to wreak vengeance against their rivals with ulterior motives. It thus stated that the Courts must "segregate the grains from the chaff to analyse whether the allegations" make out a prima facie case or not for prosecution under the POCSO Act.Justice A. Badharudeen observed that the...
Sensitive Counselling Of Children Needed To Address Impact Of Offences: Justice SN Pathak Of Jharkhand High Court
Jharkhand High Court's Juvenile Justice-cum-POCSO Committee in collaboration with an NGO SAMARPAN had organized a two-day program titled “हर बच्चा अनमोल रत्न” (Har Bachcha Anamol Ratn) at the Observation Home, Dumardaga, Ranchi, on November 29 and 30. The event aimed to celebrate talents and achievements of children while fostering their inclusive...
Allahabad High Court CJ-Led Bench Directs Listing Of PIL Seeking CBI Probe Into Sambhal Violence Before Appropriate Bench
The Chief Justice Arun Bhansali-led Bench of the Allahabad High Court today directed the listing of a Public Interest Litigation (PIL) plea seeking a CBI probe into the violence that erupted last month in Sambhal, Uttar Pradesh, before a bench with the jurisdiction to hear criminal PILs. The Bench, headed by Chief Justice Bhansali and comprising Justice Vikas Budhwar, currently...
"Personal Jewellery" Of Person Coming To India Not Subjected To Customs Duty: Delhi High Court
The Delhi High Court recently granted relief to a woman whose over 200 gm gold jewellery was confiscated by the Customs on her return from Dubai. In doing so, a division bench of Justices Yashwant Varma and Ravinder Dudeja held that “personal jewellery” which is not found to have been acquired on an overseas trip and was always a “used personal effect” of the passenger would...
"Maintainability" And "Jurisdiction" Cannot Be Conflated While Deciding Application U/S 20 Of Arbitration Act, 1940: Bombay HC
The Bombay High Court bench of Justice Amit Borkar has held that maintainability and jurisdiction cannot be used interchangeably as they connote different things. Lack of jurisdiction results in the nullity of proceedings, as the court inherently lacks authority to adjudicate. Non-compliance with maintainability bars leads to dismissal without deciding the merits of the case but does...
District Required To Pay Panel Advocates For All Matters They Received Notice For And Appeared In: Allahabad High Court
In a recent case, the Allahabad High Court directed the District of Jaunpur to pay an ex-panel advocate the outstanding fees they owed him. A division bench comprising Justice Shekhar B. Saraf and Justice Vipin Chandra Dixit held that the district was required to compensate the advocate for all the cases where he received notices and appeared before the Court.By letter dated 16.05.2013,...
Rajasthan High Court Reprieve To Anganwadi Worker Not Granted Appointment Letter Since 2016 Due To Lapse By Gram Panchayat
Rajasthan High Court provided relief to a successful candidate for the post of Anganwari worker, who although was declared as meritorious in the selection list in 2016, owing to inaction on part of the Gram Panchayat, did not receive any appointment letter till date.The bench of Justice Arun Monga held that the petitioner could not be made to face adverse consequences for inaction or...
Urdu Language Not Widely Known, 'Nikahnama' Should Also Contain Hindi/ English To Make It Comprehensible: Rajasthan High Court
In relation to Muslim marriages, Rajasthan High Court ruled that a sacred relationship like marriage had to be recognized by a document which was unambiguous, vividly clear, explicit and transparent, and should not be issued in a language like Urdu which was not widely known to a society, especially to public servants and officers of the Court.The bench of Justice Farjand Ali held that it...
Admissions Made In Pleadings Are Binding U/S 21 Evidence Act, Cannot Be Retracted At Appellate Stage: Jharkhand High Court
The Jharkhand High Court has held that admissions made in pleadings are binding under Section 21 of the Indian Evidence Act, 1872, and cannot be retracted at the appellate stage.Justice Subhash Chand, presiding over the case, observed, “So far as the second plea raised by the Appellant assailing the impugned Award on the ground that the claimant injured had sustained no injury by causing...
Collecting Voice Samples Against Wish Of Accused Not Violative Of Right To Privacy, Right Against Self-Incrimination: Rajasthan High Court
Rajasthan High Court has ruled that Article 20(3) of the Constitution of India only states that accused could not be compelled to be a witness against himself and not that the accused could not be compelled to be a witness at all. Consequently, asking the accused to furnish his/her voice samples did not amount to self-incrimination when the incrimination was contingent on comparing that...
Appellate Authority Has To Consider Grounds Raised In Appeal And Decide On Merits, Even If Appeal Is Heard Ex Parte: Patna High Court
The Patna High Court stated that the Appellate Authority has a duty and an obligation to examine grounds raised by assessee in memorandum of appeal and decide issue on merits even if appeal is filed ex parte. The Bench consisting of Chief Justice K. Vinod Chandran and Justice Partha Sarthy, stated that “the Appellate Authority even while considering the appeal ex parte will have...
Enforcement Of Litigant's Undertaking Continues Notwithstanding Disposal Of Matter Till Such Undertaking Is Discharged: Calcutta High Court
On 22.11.2024, a Division Bench of the High Court at Calcutta comprising of Justice Joymalya Bagchi and Justice Gaurang Kanth, while dismissing an appeal from a contempt petition filed against the partners of M/s Bengal Industrial Corporation by Rajasthan Fertilisers & Chemical Corporation Limited held “contempt proceeding has been instituted to enforce an undertaking given by...