Religious Conversion Not Prohibited Unless Forced, Every Person Has Right To Choose Religion: Delhi High Court

The Delhi High Court on Friday made significant remarks with respect to people's right under Article 25 of the Constitution to choose and profess a religion of their choice and the right to freely convert their religion."(Religious) conversion is not prohibited in law. Every person has a right to choose and profess any religion of his/her choice. It is a Constitutional right. If someone is...

Not Compulsory To Forward Claims For Victim Compensation To Administration Through 'Legal Services Authority': Orissa High Court

The Orissa High Court has held that it is not mandatory for a victim to forward his/her claims for compensation to the appropriate authority through the Legal Services Authorities (LSA). Further, it clarified that the LSAs are there only to provide assistance to claimants for making representations to the administration. A Single Judge Bench of Justice Arindam Sinha...

Gujarat High Court Monthly Digest: May 2022 [Citations 144-192]

NOMINAL INDEX Swaminathan Kunchu Acharya vs State Of Gujarat 2022 LiveLaw (Guj) 144 Messrs Aztec Fluids And Machinery Pvt. Ltd. Versus UOI 2022 LiveLaw (Guj) 145 Azaz S/O Ahmed Ibrahim Ishabhai vs Commissioner Of Police 2022 LiveLaw (Guj) 146 State Of Gujarat v. Arjanbhai Titabhai Baraiya 2022 LiveLaw (Guj) 147 Oriental Insurance Co. Ltd. Versus Chief Commissioner Of...

"Court Flooded With Such Certificates" Allahabad HC Orders Probe Into Marriage Certificates Issued By 'Pradhan' Of Arya Samaj

The Allahabad High Court on Monday ordered an inquiry into the certificates issued by a 'Pradhan' of Arya Samaj temple. The Court issued this order while hearing a criminal writ petition filed by one Kapil Kumar who argued that he had solemnized marriage with the girl and therefore, lodgement of FIR against him was bad in law.However, the Court expressed doubt over the petitioner's claim...

NDPS Act | FSL Report Goes To Root Of Case, Challan Filed Without It Is Incomplete: Punjab & Haryana High Court

The Punjab and Haryana High Court has held that in cases under the Narcotic Drugs and Psychotropic Substances Act, 1985, FSL report goes to the root of the case and hence a charge sheet filed without it cannot be treated as a complete chargesheet.It further observed that an application under Section 36A(4) of the NDPS Act seeking extension of period for investigation must be supported by a...

Senior Civil Judges Have No Probate Jurisdiction; Only District Judges Can Probate Wills : Karnataka High Court Clarifies

The Karnataka High Court recently clarified that the notification issued by the High Court in the year 1979, has limited scope and invests the power in Senior Civil Judges only for issuance of Succession Certificates under Part-X of the Indian Succession Act and not for Probate. A division bench of Justice P.S. Dinesh Kumar and Justice M.G. Uma issued the clarification on a reference...

Air Passengers Violating Covid-19 Norms Should Be Put On "No-Fly" List; Flight Crew Be Authorized To Take Action Against Them: Delhi HC To DGCA

The Delhi High Court on Friday suggested the Directorate General of Civil Aviation (DGCA) to authorize the flight crew and airport staff to take strict action against passengers and other concerned persons not following Covid-19 protocol on flight or at the airport premises.A Division Bench comprising Acting Chief Justice Vipin Sanghi and Justice Sachin Datta stated that Covid-19 pandemic...

"Child's Life At Stake": Allahabad HC Grants Bail To POCSO Accused On Condition To Take Care Of Victim/Wife, Their Child

The Allahabad High Court recently granted bail to a POCSO Accused taking into account the welfare of the child born out of wedlock of Accused and Victim. The Court stressed that the life of a newborn child is at stake and she can't be left to face the stigma during her life.In the instant case, the accused and the victim (both from the same village) had a love affair and out of fear of...

Delhi High Court Upholds Circular Restricting Foreign Travel Of District Court Employees To Vacations, Public Holidays & Emergencies Only

The Delhi High Court has upheld a circular stipulating that the city's district court employees can be allowed to visit a foreign country only during Summer Vacations, Winter Vacations, Public Holidays and in case of any exigency.A single judge bench comprising of Justice V Kameswar Rao dismissed a plea challenging the order dated January 31, 2022 passed by the respondent, Office of the...

Delhi Riots Larger Conspiracy Case: High Court Issues Notice On Bail Plea Of Shifa Ur Rehman

The Delhi High Court on Friday issued notice on the appeal filed by President of Jamia Millia Islamia Alumni Association, Shifa-Ur-Rehman challenging the Trial Court order denying him bail in connection with the Delhi riots larger conspiracy case (FIR 59/2020).A division bench comprising of Justice Mukta Gupta and Justice Anish Dayal sought response of the prosecution while listing the matter...

Punjab & Haryana High Court Modifies MACT Order, Permits Release Of Compensation Amount From 3 Yrs Fixed Deposit To Claimant

The Punjab and Haryana High Court recently allowed the plea of bereaved parents, seeking release of 50% compensation amount that was granted towards loss of their child in a motor accident, to be released from 3 years Fixed Deposit.Justice Alka Sarin referred to the case of H.S. Ahammed Hussain vs. Irfan Ahammed, [2002(3) RCR (Civil) 563], where the Supreme Court held that the amount...

S.138 NI Act: Delhi High Court Seeks List Of Cases Pending Or Adjourned Sine Die Due To Non-Traceability Of Proclaimed Offenders

The Delhi High Court has sought from the Principal District and Sessions Judge (Headquarters) a consolidated list of all cases pending or adjourned sine die under sec. 138 of Negotiable Instruments Act, 1881 due to the reason that the Proclaimed Offenders were not traceable. Justice Talwant Singh requested the Principal District and Sessions Judge (Headquarters) to constitute a committee...