When Legality Of A Preventive Detention Order Is In Question, Courts Must Determine If The Ordinary Law Can Deal With The Offence: Gujarat HC

"Whenever an order under a preventive detention law is challenged one of the questions the court must ask in deciding its legality is : Was the ordinary law of the land sufficient to deal with the situation ? If the answer is in the affirmative, the detention order will be illegal", the Gujarat High Court has affirmed today. The Bench comprising Justice Nirzar S Desai was hearing a...

"Possibility Of False Implication Present": Allahabad High Court Acquits 4 Accused In 42 Year Old Dacoity Case

The Allahabad High Court last week acquitted 4 accused in connection with a 42-year-old Dacoity case as the bench of Justice Manoj Misra and Justice Sameer Jain suspected it to be a case of 'false implication' of the accused persons."...we have a strong suspicion, based on the facts of the case, the informant has taken the commission of dacoity in the village as an opportunity to...

Writ Petition Is Not Maintainable To Enforce The Arbitral Award: Madras High Court

The High Court of Madras observed that a writ petition cannot be filed to enforce an arbitral award when an alternative remedy is available under S. 36 of the A&C Act. The Single Bench of Justice G.K. Ilanthiraiyan observed that the A&C Act is a complete code in itself and envisages minimum judicial intervention. If further observed that if the Courts are allowed to...

Divorced Muslim Woman Can Claim Maintenance From Husband U/S 125 CrPC As Long As She Doesn't Remarry: Allahabad High Court

Reiterating the law laid down in the case of Shabana Bano vs. Imran Khan, the Allahabad High Court has observed that a divorced Muslim woman shall be entitled to claim maintenance from her husband under Section 125 Cr.P.C. even after the expiry of the period of iddat as long as she does not remarry.The Bench of Justice Karunesh Singh Pawar observed thus while allowing a revision plea...

High Courts Are Empowered To Extend The One Time Settlement Time Period: Punjab & Haryana High Court

A Division Bench comprising of Justice M.S. Ramachandra Rao and Justice Jasjit Singh Bedi of the Punjab and Haryana High Court, in the matter of Amrik Singh v DCB Bank Ltd. and Anr., has held that the High Court, in the exercise of its powers under Article 226 of the Constitution of India, can grant an extension of time for completion of the payment under the One Time Settlement (OTS),...

'Stigmatic': Gujarat High Court Directs Reinstatement Of Employee Terminated Without Inquiry Following Allegations Of Corruption

The Gujarat High Court recently quashed and set aside the order of termination issued against the Petitioner, sans any inquiry, merely on the basis of a FIR registered against him under the Prevention of Corruption Act.It directed that the Petitioner be reinstated however, it refused to grant back-wages considering the principle of no work, no pay, as also applied by a Division Bench...

Irreversible Loss Will Be Cause If Allegations Of Threat To Life Are True: Punjab & Haryana High Court Grants Protection To Live-In Couple

The Punjab and Haryana High Court has come to the rescue of a live-in couple, allegedly facing threat to their lives from their families.The bench comprising Justice Anoop Chitkara allowed their plea by stating that if the allegations of apprehension turn out to be true, it might lead to an "irreversible loss". It ordered,"It shall be appropriate that the concerned Superintendent of Police,...

Couple Held Two Marriage Ceremonies, Saptapadi Performed In Latter: Gujarat High Court Orders Registrar To Consider Application For Change In Date

The Gujarat High Court has allowed a writ seeking a direction upon the Registrar of Marriages to consider the petitioners' application for issuance of a fresh marriage certificate, mentioning the date on which a pompous wedding was held with 'saptapadi', rather than a former date on which the couple had exchanged varmala in presence of a small gathering.Due to pandemic of COVID-19 and...

Delhi High Court Grants Bail To Person Accused Of Fraudulently Claiming ITC

The Delhi High Court bench of Justice Prateek Jalan has granted bail to the person accused of fraudulently claiming an input tax credit (ITC) under the CGST Act who has already undergone 9 months in custody.The applicant, Pulkit, has sought bail in respect of the offence of setting up a number of fictitious companies, which were being used for the purposes of defrauding the government....

Rajasthan High Court Issues Show Cause To District Collector, Jail Superintendent Over Delay In Deciding Convict's Emergent Parole

The Rajasthan High Court recently issued show cause notice to the Jail Superintendent and the District Collector in Bikaner, seeking their explanation over one month's delay in deciding the emergency parole application of a convict, whose mother had passed away.The bench comprising Justice Sandeep Mehta and Justice Rameshwar Vyas observed that Court has time and again directed the jail as...

Statutory Time Limit For Filing Final Reports Must Be Strictly Complied With: Madras High Court Directs Police To File All Final Reports Online

Observing that there is a trend of delay in filing of the Final Report after the statutory time limit, the Madras High Court has directed the Police to file all final reports On-line. Such On-line filing of final reports by the Police, will be in compliance with the requirements of Rule 25 of the Criminal Rules of Practice, 2019. The court further clarified that the mandatory period...

19 Year Old Allegedly Dies Post Covishield Vaccination: Kerala High Court Seeks Centre's Response On Parents' Plea

The parents of a 19-year-old student have moved the Kerala High Court seeking justice alleging that their daughter died due to the compulsory administration of the Covishield vaccine and they have sought Rs 1 crore as compensation for the death of their only daughter.Justice N Nagaresh has sought the view of the central government on the petition.The petitioners' daughter, a postgraduate...