Section 205 CrPC- Magistrate Cannot Mechanically Impose Conditions To An Order Dispensing Personal Appearance of Accused : Calcutta High Court

The Calcutta High Court has held that magistrate cannot mechanically impose conditions to an order dispensing the personal appearance of accused under Section 205 Code of Criminal Procedure.It observed that the Magistrate, while passing the impugned order, had merely mentioned that there are certain facts which can only be explained by the accused persons, and those facts are only within...

Does Keeping Birds As Pets Violate Any Law?: Kerala High Court Directs Govt Pleader To Seek Instructions

The Kerala High Court on Monday instructed the Government Pleader to look into whether by keeping birds as pets, the petitioner had violated any provision of law. The GP has been directed to seek instructions on this aspect. "The learned Government Pleader shall get instructions and report whether the petitioner has been violating any provision of law by keeping birds as pets," the...

Delhi High Court Asks Delhi Govt To Seek Instructions on Businessman Navneet Kalra's Plea Challenging Suspension Of His Restuarants

The Delhi High Court on Tuesday asked the Delhi Government to seek instructions on pleas filed by businessman Navneet Kalra challenging the order cum show cause notice suspending the registration certificates of his restaurants, Khan Chacha and Townhall. A single judge bench comprising of Justice Rekha Palli granted time to the Delhi Government to seek instructions after hearing Senior...

'Per Incuriam' Decision Has No Precedent Value But It's Binding On Parties Inter-se: Allahabad High Court Explains

The Allahabad High Court last week delivered an important judgement on the applicability of the doctrine of per incuriam and res judicta in regards to an earlier decision of a Division Bench of the Court. A Bench comprising Justice Ramesh Sinha and Justice Jaspreet Singh was adjudicating upon a seniority dispute pertaining to two classes of employees of the Transport department. Background:...

Red Fort Violence: Delhi Court Grants Anticipatory Bail To Man Accused Of Inciting Violence, Causing Vandalism In Two Cases

A Delhi Court on Tuesday granted anticipatory bail to one Jajbir Singh in two Red Fort violence cases who had allegedly incited violence and caused vandalism during the farmers protest that happened on the Republic Day this year. A Sessions Court here granted anticipatory bail to Jajbir Singh in FIR 96 and 98 registered by the Delhi Police in connection with the violence that erupted on the...

'Serious Matter; Someone Has Lost Liberty Since May' : Supreme Court Issues Notice On Mainpur Activist's Plea For Compensation For Illegal Detention Under NSA

The Supreme Court on Tuesday issued notice on the prayer made by Manipur based political activist Leichobam Erendro seeking compensation for the illegal detention underwent by him under the stringent National Security Act over a Facebook post that cow dung or cow urine will not cure COVID. A bench comprising Justices DY Chandrachud and MR Shah granted two weeks time to the respondents to...

Girlfriend Or Concubine Not Liable For Prosecution U/S 498A IPC: Andhra Pradesh High Court

The Andhra Pradesh High Court earlier this week held that only a relative of a husband by blood or marriage is liable for prosecution under Section 498-A IPC (cruelty to woman).Justice Cheekati Manavendranath while quashing the FIR against the petitioner, observed that a girlfriend or concubine, not being connected by blood or marriage, is not a relative of the husband for the purpose of...

Supreme Court Disapproves Practice Of Delayed Filing Of Review Petition After Judges Retire

The Supreme Court has disapproved the practise of delayed filing of review petitions after waiting for judges to retire."Such practice must be firmly disapproved to preserve the institutional sanctity of the decision making of this Court", the bench comprising Justices DY Chandrachud and MR Shah remarked while dismissing the review petitions filed against the judgment in Goa Foundation vs...

In Re Bruno: Kerala High Court Stays State's Decision To Transfer Funds To Kudumbashree To Manage Animal Birth Control

The Kerala High Court on Monday stayed the decision of the State to transfer funds to Kudumbashree (a women self-help group) to manage animal birth control in the State. A Division Bench of Justice A.K Jayasankaran Nambiar and Justice Gopinath P observed that before funds were transferred, it was pertinent to ascertain whether Kudumbashree was registered with the Animal Welfare Board, which is...

"Petitioners Are Merely Puppets At Hands Of An Unknown Puppeteer": Dismissal By Uttarakhand High Court For Abuse Of PIL Jurisdiction

The Uttarakhand High Court dismissed a petition purportedly filed for environment protection, for abuse of the PIL jurisdiction while noting it to be a highly motivated plea, filed at the behest of an unknown person or entity. A division bench of Chief Justice Raghvendra Singh Chauhan and Justice Alok Kumar Verma noted that the unknown person or entity is merely using the petitioners as a...

Is Identity Proof Sine Qua Non For Filing Accident Claim Under Railway Claims Tribunal Act? Delhi HC To Consider Slum Dweller's Plea

The Delhi High Court has issued notice on a petition filed by a roadside dweller, who had lost both his legs in an accident caused at Ghaziabad Railway Station, seeking directions on the Railway Claims Tribunal to consider his plea for compensation which was denied on technical grounds including that he did not possess a valid identity proof.Justice Rekha Palli issued notice to Union of...

'To Give In To Pressure Groups A Sorry State Of Affairs' : Supreme Court Slams Kerala's Lockdown Relaxations Ahead Of Bakrid

The Supreme Court on Tuesday strongly slammed the decision taken by the State of Kerala to give relaxations in the COVID19 lockdown norms for three days on account of Bakrid.The Court took a highly critical view of the State's decision to allow the opening of all shops in areas marked as Category D- where the COVID infection rates are critical with Test Positivity Rate above 15% - to...