Sambhal Violence | Another PIL In Allahabad HC Seeking FIR Against Concerned District Magistrate, Superintendent Of Police

Another PIL plea has been moved before the Allahabad High Court seeking an FIR against the Sambhal District Magistrate, Superintendent of Police, concerned SHO, and other responsible officers. The Plea also seeks a direction to the UP government to arrest these officials.The PIL petition, filed by the Hazrat Khawaja Garib Nawaz Welfare Association through Advocates Saher Naqvi and Mohd....

Arbitrators Cannot Pass Binding And Enforceable Orders Unilaterally Determining Their Fees: Delhi High Court

The Delhi High Court bench of Justice Dinesh Kumar Sharma has affirmed that Arbitrators do not have the power to unilaterally issue binding and enforceable orders determining their own fees. A unilateral determination of fees violates the principles of party autonomy and the doctrine of the prohibition of in rem suam decisions, ie., the arbitrators cannot be a judge of their own private...

Victim Accompanying Accused To Crowded Place Without Raising Alarm, No Injury On Body- Denotes Consensual Relationship: Punjab & Haryana HC

The Punjab and Haryana High Court has acquitted a man convicted for committing aggravated sexual penetrative assault under Protection of Children from Sexual Offences Act (POCSO), observing that the prosecutrix sat as a pillion rider with accused in a crowded place and did not raise alarm- which denotes that the relationship was "entirely consensual".Justice Sureshwar Thakur and Justice...

Don't Raise Office Objection About Petitioner Not Signing Withdrawal Memo Presented By His Counsel: Karnataka High Court To Registry

The Karnataka High Court has directed its registry not to raise office objections to the effect that the signature of the petitioner is not forthcoming in the memo of withdrawal if the petition is sought to be withdrawn by the advocate appearing for the petitioner.In doing so the court observed that such office objections discredits the authority of the counsel who appear on behalf of...

Magistrate Or Special Court's Power To Supervise Investigation Doesn't Include Right To Question FIR Validity: Delhi High Court

The Delhi High Court has held that the power of a Magistrate or a Special Court to supervise an investigation does not include the right to question the validity of the FIR.A division bench headed by Justice Prathiba M Singh said that the Magistrate or Special Court must remain a “silent spectator” till filling of the final report under Section 173(2) of Cr.P.C and limit its actions...

Trader Not Liable To Pay Social Welfare Surcharge On Customs Duty Which Is Exempted Under MEIS Scheme: Orissa High Court

The Orissa High Court has held that Social Welfare Surcharge (SWS) leviable on customs duty will be nil where a trader is exempted from paying customs duty under the Merchandise Exports from India Scheme (MEIS).Section 110 of the Finance Act 2018 contemplates levy of SWS on imported goods specified in the First Schedule to the Customs Tariff Act, 1975. As per sub-section (3), SWS is calculated...

SC/ST Act Offences | Plea U/S 482 CrPC Maintainable When Entire Case Proceedings Are Challenged: Allahabad HC Answers Reference

The Allahabad High Court has observed that when a challenge lies to the entire proceeding of a case registered under the SC/ST Act, the High Court could entertain the case under its inherent jurisdiction under Section 482 CrPC to secure the end of justice.The Court held that there could be no hard and fast rule regarding the interference of the High Court under its inherent jurisdiction,...

"Doctors Are Backbone Of Healthcare, Police Officer's Badge Is Symbol Of Trust": Kerala HC On Cross-Allegations By Medical Officer & Circle Inspector

The Kerala High Court has quashed criminal proceedings against a doctor under Section 166B of the IPC, who was accused of showing unwillingness to examine the victim in a child missing case and failing to issue a medical certificate, on finding that the ingredients of the said offence were not made out. The Court however, expressed that enquiry has to be conducted against the doctor and...

Civil Judge (Senior Division) Has Unlimited Pecuniary Jurisdiction, Can Decide Suits Valued Below ₹5 Lakh: Jharkhand High Court

The Jharkhand High Court has clarified that the Civil Judge (Senior Division) has unlimited pecuniary jurisdiction and can adjudicate suits valued below or upto Rs. 5 lakh, even if such valuation would fall under the pecuniary jurisdiction of the court of Munsif. The Court ruled that the exercise of jurisdiction in such cases does not constitute an illegality.Justice Subhash Chand observed...

S.233 BNSS | Subsequent FIR On Same Allegations Not Barred But Magistrate Shall Stay Further Proceedings In Pending Complaint: Rajasthan HC

Rajasthan High Court has ruled that Section 233 of the Bhartiya Nagarik Suraksha Sanhita 2023 leaves no doubt that even if complaint proceedings are already undergoing in relation to particular allegations and facts, and the police officials receive a report/compliant on the same set of facts, they are not barred from registering an FIR on those facts.The bench of Justice Arun Monga added...

Human Rights Commission Constituted, Building Allotment And Appointment Process Underway: Mizoram Govt Tells High Court

The Mizoram government on Wednesday (November 27) informed the Gauhati High Court at Aizawl that it has constituted the State Human Rights Commission under the provisions of Section 21(4) and (1) of the Protection of Human Rights Act, 1993 with its Headquarters at Aizawl.The division bench of Justice Nelson Sailo and Justice Marli Vankung was further informed by the State Government that...

Adverse Police Verification Report Doesn't Per Se Disentitle Citizen From Legal Right To Have A Passport: Rajasthan High Court

Rajasthan High Court has held that adverse police verification report per se could not dis-entitle a citizen from his legal right to have a passport. The bench of Justice Anoop Kumar Dhand held that the decision of issuing a passport or travel documents has to be taken by the Passport Authority alone and they cannot refuse such issuance without application of mind, solely because of an...