Acquittal On Failure To Prove Beyond Reasonable Doubt Does Not Oust Disciplinary Proceedings Where Test Is Preponderance Of Probabilities: Delhi HC

The Delhi High Court has observed that an acquittal in criminal proceedings in which the guilt of a person has to be held to have been proved beyond a reasonable doubt, does not preclude the disciplinary proceedings in which the charges of misconduct have to be established on a preponderance of probabilities.Justice Anu Malhotra observed that mere acquittal in the criminal proceedings does...

Hanskhali Gangrape & Murder: PIL Filed In Calcutta High Court Seeking ₹1 Crore Compensation For Victim's Kin

A Public Interest Litigation petition has been filed in the Calcutta High Court on Thursday seeking compensation to the tune of Rs 1 crore for the family members of the minor victim in the Hanshkhali gangrape and murder case which is currently being probed by the Central Bureau of Investigation (CBI). According to reports, a 14-year-old girl belonging to the scheduled caste community died...

Organ Transplant: Bombay High Court Directs Hospital To Decide In Two Days Minor's Request To Donate Liver To Her Ailing Father

The Bombay High Court has directed the Global Hospital authorization committee to decide on the representation made by a 16 years old minor girl, seeking permission to donate a part of her liver to her ailing father, who is critical and requires an urgent transplant. A division bench of Justice Revati Mohite Dere and Justice Madhav Jamdar directed that the hospital to accept her forms...

'Every Wrong Has Remedy': Chhattisgarh HC Exercises Supervisory Jurisdiction, Grants Interim Custody Of Vehicle Transporting Illicit Liquor To Owner

The Chhattisgarh High Court recently made it clear that even though interim orders passed during confiscation proceedings under the State Excise Act, 1915, are not appellable, the High Court in exercise of its power vested in it under Article 227 can always test the propriety or legality of such orders.Section 47-B of the Act provides for appeal against the order of confiscation. Therefore,...

High Court Directs State To Positively Consider Service Regularization Of Asst Engineer Appointed In Aftermath Of '2001 Gujarat Earthquake'

Affirming the view that regularly selected employees cannot be continued for long on contractual, adhoc or temporary basis and that they ought to be regularised, the Gujarat High Court recently came to the rescue of an Assistant Engineer who was appointed in the aftermath of 2001 Gujarat Earthquake.A Bench comprising Justice RM Chhaya and Justice Hemant Prachchhak upheld the order of a...

RSS Worker's Murder: Kerala High Court Dismisses Wife's Plea For CBI Investigation

The Kerala High Court on Thursday dismissed the plea filed by the wife of deceased Rashtriya Swayamsevak Sangh (RSS) worker Sanjith, who was hacked to death in November last year, seeking the investigation to be transferred to the Central Bureau of Investigation (CBI).Justice K. Haripal pronounced the judgment today after weeks of elaborate hearing, permitting the State Police to continue...

Voluntarily Acceptance Of A Higher Value Exempts Importer From Liability Of Confiscation And Redemption Fine: Reiterates CESTAT Mumbai

The Mumbai Bench of Customs, Excise & Service Tax Appellate Tribunal (CESTAT) has reiterated that voluntarily acceptance of a higher value and willingness to pay the customs duty at the enhanced rate would exempt the importer from liability of confiscation and redemption fine under the Customs Act, 1962. The Single Bench of member Dr. Suvendu Kumar Pati (Judicial Member) held that...

Continuity Of Proceedings Will Be 'Abuse Of Process': Bombay High Court Quashes Cheating FIR Against Indiabulls

The Bombay High Court recently allowed a plea by Indiabulls Housing Finance Limited (IHFL) seeking to quash a FIR lodged by a shareholder against the company and its promoters, alleging cheating, criminal breach of trust. The Court also quashed a Magistrate Court's order, directing registration of FIR.The FIR had also formed the basis of a probe being led by the Enforcement Directorate under...

Needless Hypersensitivity Not Expected Of Judicial Officers, Should Maintain Composure & Poise: Delhi High Court Sets Aside ₹5 Lacs Cost

Observing that needless hypersensitivity is not expected of Judicial Officers who are expected at all times to maintain composure and poise, the Delhi High Court has set aside Rs. 5 lacs cost imposed by a Additional Rent Controller with a 'word of advice'.Unequivocally expressing its discomfiture at the manner in which the order was passed, Justice C Hari Shankar said:"In order that the career...

Accused Can't Claim De Novo Trial As A Matter Of Right Unless Claim Of Counsel's Ineffectiveness Is Proved To Satisfaction Of Court: Delhi HC

The Delhi High Court has observed that an accused cannot, as a matter of right claim de novo trial, except where he is able to show and prove his claim of ineffectiveness of counsel's assistance and his representation falling below an objective standard of reasonableness, to the satisfaction of the court. Justice Rajnish Bhatnagar added that such a relief is to be granted sparingly,...

2008 Indian Mujahideen Case: 14 Yrs On, Bombay High Court Orders Re-Adjudication Of Accused' Plea To Drop MCOCA Charges

The Bombay High Court has directed the Special Court to re-adjudicate the plea of an accused seeking to drop charges under the Maharashtra Control of Organised Crime Act (MCOCA) against 23 men arrested over 13-14 years ago in the Indian Mujahideen Case. The case pertains to emails being sent out to various news media houses before a series of blasts took place in Delhi,...

Supreme Court Requests Chattisgarh HC To Decide Suspended IPS Officer's Bail Plea In Corruption Case Expeditiously

The Supreme Court on Wednesday requested the Chattisgarh High Court to expeditiously dispose of suspended Additional Director General of Police Gurjinder Pal Singh's bail plea in case filed against him under the Prevention of Corruption Act for allegations of disproportionate assets.Recording the same, a bench comprising CJI NV Ramana, Justice Krishna Murari and Justice Hima Kohli disposed of...