High Courts Weekly Roundup [October 11, 2021 To October 17, 2021]

Allahabad High Court1. Advocates Requiring Firearm Licence For Safety A Dangerous Practice, Not In Noble Profession's Interest: Allahabad High Court [Ram Milan v. State of U.P. and Others]While dealing with a lawyer's plea challenging the firearm licence authority's decision to reject his application, the Court observed that a general trend to have a firearm licence by an Advocate without...

The Concept Of 'Detention' Under Section 167 (2) Cr.P.C. And Its Scope, Range And Legality – Part - II [Webinar Video And Notes]

14. Whether it is permissible for the Magistrate to grant "police custody" of the accused in the same case after the first 15 days of detention. No. This is in view of the bar under Clause (a) of the First Proviso to Section 167 (2) Cr.P.C. (Vide paras 11 and 13 of CBI v. Anupam J. Kulkarni (1992) 3 SCC 141 = AIR 1992 SC 1768 – Jayachandra Reddy - J; Para 11 of State of...

Centre Notifies Appointments Of 7 New Judges To Gujarat High Court

The Central Government has notified the appointment of 7 advocates as judges of the Gujarat High Court. They are :1. Smt. Mauna Manish Bhatt.2. Samir Jyotindraprasad Dave.3. Hemant Maheschandra Prachchhak.4. Sandeep Navratlal Bhatt.5. Aniruddha Pradyumna Mayee.6. Niral Rashmikant Mehta.7. Ms.Nisha Mahendrabhai Thakore.Their names were recommended by the Supreme Court collegium on September...

BREAKING : Supreme Court Directs High Courts To Make E-Filing Mandatory In Certain Categories From January 2022

The Supreme Court has given instructions to make e-filing of petitions mandatory in certain categories from January 1, 2022.As per letter dated October 9, 2021, the Chairman of the E-Committee of the Supreme Court has directed all High Courts to ensure :"(I) E-filing of cases/petitions by government in all types of matters to be made mandatory from 1 January 2022. After such date, there should...

Taking Cognizance Of A Private Complaint Under S.200 CrPC: Karnataka High Court Sets Out Procedure For Magistrates To Follow

The Karnataka High Court has set out the procedure to be followed by Magistrates for taking cognizance of a private complaint made to them under Section 200 of the Criminal Procedure Code (CrPC). A single-judge bench of Justice Sreenivas Harish Kumar in its order dated July 22, said, "The cognizance taking procedure to be followed may be set out as follows:- (i) After the...

Trial Court Focussed On Alleged Crime's Impact On Women Education Without Applying Judicial Mind: J&K&L HC Grants Bail To POCSO Accused

The Jammu & Kashmir And Ladakh High Court recently granted bail to a man accused of sexually assaulting a minor as it noted that the victim and her father had stated nothing against him/accused in their statements recorded under Section 164 CrPC (Recording of confessions and statements). The Court also observed that in the instant case, the foundational facts, that would give rise...

Allahabad HC Upholds NSA Detention Order Passed Against Man Accused Of Murdering Hindu Samaj Party's Kamlesh Tiwari

The Allahabad High Court recently upheld the detention order passed under the National Security Act against one Mohseen Saleem Sheikh, who has been accused of conspiring in the 'brutal murder' of the President of the Hindu Samaj Party, Kamlesh Tiwari. Even though the period of detention is already over, the Bench of Justice Ramesh Sinha and Justice Saroj Yadav found justification in...

HIV Positive "Prostitution Victim" A Likely Danger To Society, "Brainwash" Necessary : Sessions Court Upholds Two-Year Detention

A sessions court in Mumbai has upheld the two-year detention of an HIV positive prostitution victim, observing that she is likely to 'pose a danger to society' if set free owing to her health condition. Additional Session judge SU Baghele said that the victim would receive care and protection in the correction home, which would help her lead a normal life after the necessary...

Singhu Lynching: Plea In Supreme Court Seeks Early Hearing Of Plea To Remove Farmers Protesters

In the wake of yesterday's incident of brutal lynching of a Dalit man at the farmers protest site at Singhu Border, an application has been filed before the Supreme Court seeking urgent hearing of their writ petition which seeks for removal of Farm Law protestors. The petition filed by Swati Goel and Sanjeev Newar also seeks for issuance of guidelines by the Centre to the States...

Explainer: Law On Border Security Force's Enhanced Powers In Border States

The Ministry of Home Affairs recently extended the jurisdiction of the Border Security Force ('BSF) in the states of West Bengal, Assam and Punjab- a move that has invited criticism from the states of Punjab and West Bengal Government for violating the federal structure and infringing the rights of the state police. States have argued that since law and order is a state subject, BSF's...

Plea Before Kerala High Court Challenges Anointing New Catholicos Without Inviting Patriarch

A plea has been filed before the Kerala High Court seeking the implementation of the Apex Court decision in K.S. Varghese v. St. Peter's and St Paul's Syrian Orthodox Church urging that the Patriarch of Antioch should be canonically invited for the upcoming consecration of the Catholicos.Justice Murali Purushothamam on Wednesday while observing that the service was not complete in the...

Calcutta High Court Refuses Relief On Plea Alleging Disrespect Of Goddess Durga By Alleged Display Of Shoes In Puja Pandal

The Calcutta High Court on Thursday refused to grant any relief on a plea filed against the alleged display of shoes in a Durga Puja Pandal in the Dum Dum area of Kolkata.The Bench of Justice Kausik Chanda was hearing a plea filed by one Santanu Singha, who alleged that by displaying shoes in the Puja pandal (at Dum Dum Park, Bharat Chakra Club), utter disrespect had been shown to the...