Courts This Week- A Weekly Round Of Important Legal Developments In The Country [Episode-113]

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Without Revoking Appointment of APP, Govt's Action In Just Directing Special PP To Appear In Case Doesn't Appear Just, Proper & Correct: Rajasthan HC

The Rajasthan High Court observed that the action of the State Government in just directing the Special Public Prosecutor to appear in the case after taking the files from Additional Public Prosecutor, does not appear to be just, proper and correct. More particularly, when the order of appointment of Additional Public Prosecutor has not been revoked, added the court. The court noted...

HP High Court Directs Archaeological Survey Of India To Commence Repair Work At 11th Century Mata Mrikula Devi Temple

The Himachal Pradesh High Court has ordered the Archaeological Survey of India (ASI) to constitute a special team to inspect, submit an estimate and commence necessary repairs to the 11th Century built Temple Mata Mrikula Devi, which is located in the district of Lahaul. Significantly, in the year 2020, the Court had initiated a suo moto case after taking cognizance of a report presented by...

Case Against Siddharth Varadarajan, Ismat Ara Over The Wire's Report On A Protestor's Death: Allahabad HC Issues Notice To Complainant

The Allahabad High Court has issued a notice to the complainant/informant [Rampur resident, Sanju Turaiha] in the case registered against The Wire's founding editor Siddharth Varadarajan and reporter Ismat Ara for tweeting a report on the death of a protester in New Delhi during the 2021 Republic Day incidents.Essentially, the bench of Justice Ashwani Kumar Mishra and Justice Rajnish Kumar...

Allahabad HC Imposes ₹20K Cost On Man Who Sought Reiteration Of A General Mandamus Regarding Protection Against Arbitrary Arrest

The Allahabad High Court recently imposed a cost of Rs. 20K on a person who sought reiteration of a general mandamus, which has already been issued by the High Court in the case of Vimal Kumar and three others Vs. State of U.P. and three others 2021.It may be noted that in the Vimal Kumar case, the Allahabad High Court had directed the Police authorities to desist from making automatic/...

Can't Extern Person Under 'UP Control Of Goonda Act' On The Basis Of A Single Incident: Allahabad High Court Quashes Externment Order

The Allahabad High Court recently observed that only on the basis of a single incident, an order of externment can't be passed against a person under Section 3 [Externment, etc. of Goondas] of Uttar Pradesh Control of Goonda Act, 1970.The Bench of Justice Sadhna Rani (Thakur) further observed that one cannot be treated to be a habitual offender unless and until there is a recurrence of...

At The Stage Of Framing Of Charges, Possibility Of Accused Person's Acquittal Not To Considered, Rather It Is To Be Seen Whether Prima Facie Case Is Made Out Or Not: Rajasthan HC

The Rajasthan High Court observed that medical evidence cannot be doubted, that too, at the stage of framing of charges, where as per the settled law laid down by the Supreme Court, the possibility of acquittal of the accused person are not to be taken into consideration, rather it is to be seen whether prima facie case is made out or not. The present criminal revision petition...

"Police Authorities Of Three States Simply Dragging Their Feet": Delhi High Court Hands Over Investigation Of Missing Man To CBI

The Delhi High Court has handed over investigation of a missing man, a truck driver, to the Central Bureau of Investigation (CBI) observing that police authorities of three States including Rajasthan, Haryana and Uttar Pradesh were "simply dragging their feet."Justice Pratibha M Singh was dealing with a plea filed by Razia Begum, widowed mother of the missing truck driver namely Mohd. Parvez...

Single Injury To Vital Part Of Body Is Sufficient For Murder: Orissa HC Confirms Conviction Of Couple For Murder Of Relative

The Orissa High Court has recently held that even a single injury to any vital part of human body can cause death and causing such death, having all knowledge of the most probable result, is murder. While dismissing an appeal preferred by a couple against their conviction for murder of one of their relatives, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Radha...

Ghazipur Landfill Fire: NGT Says Dump Sites In Cities Are Like 'Time Bombs', Constitutes Joint Committee Headed By Former Delhi High Court Judge

Noting that the dump sites in Delhi and other cities are like time bombs, the National Green Tribunal (NGT) has taken serious note of the recent fire incidents at Ghazipur Landfill site causing severe air pollution in the area.A bench headed by Chairperson Adarsh Kumar Goel also constituted a Joint Committee headed by Justice S.P. Garg, former Judge of the Delhi High Court with members...

President Accepts Resignation Of Senior Advocate Aman Lekhi From The Position Of Additional Solicitor General Of India

President Ram Nath Kovind has accepted the resignation of Senior Advocate Aman Lekhi from the position of Additional Solicitor General of India for the Supreme Court. The notification to the above effect, issued by the Department of Legal Affairs, Ministry of Law and Justice, says: "The President is pleased to accept the resignation of Shri Aman Lekhi, Senior Advocate from...

S. 167(2), CrPC | Only 'Date Of Submission' Of Chargesheet Is Relevant For Default Bail, Not 'Date Of Preparation': Orissa High Court

The Orissa High Court has held that 'date of submission' of chargesheet is the only relevant date that should be taken into consideration while granting 'default bail' under Section 167(2) of the Code of Criminal Procedure. 'Date of preparation' of chargesheet is immaterial unless it is produced before the Court on the same day. A Single Judge Bench of Justice Bibhu Prasad...