Allahabad High Court Discusses Scope Of Powers While Hearing An Application For Discharge U/S 227 CrPC

The Allahabad High Court, sitting in Lucknow, recently delved into the power of Courts at the time of framing of charges under Section 228 CrPC and to discharge an accused under Section 227 CrPC.Justice Sangeeta Chandra observed, "Framing of a charge is an exercise of jurisdiction by the trial court in terms of Section 228 of the Code, unless the accused is discharged under Section 227...

Unmanned Police Barricades: High Court Seeks Response From Commissioner Of Police, Centre, Delhi Govt, SDMC On Suo Moto PIL

The Delhi High Court on Tuesday issued notice on a suo moto Public Interest Litigation registered by it over the issue of setting up of unmanned police barricades in city's Kalkaji and CR Park Police Station areas.A division bench comprising of Justice Vipin Sanghi and Justice Jasmeet Singh sought response of Commissioner of Police, Union of India through Ministry of Home Affairs,...

'There Can't Be Two Laws; One For The Powerful, Another For The Ordinary' : Kerala HC Pulls Up State Over Illegal Flag Posts By Political Parties

The Kerala High Court on Monday lashed out at the State government for its incapability to prevent unauthorised flag masts being erected at different parts of the State by political parties, despite its specific and repeated orders against the same.Justice Devan Ramachandran reiterated that every flag post put up without the requisite permission is illegal and that influential people should...

Order 1 Rule 10 CPC | Delhi High Court Reiterates Principles To Be Applied While Deciding Application For Deletion From Array Of Parties

The Delhi High Court recently reiterated the principles that are to be applied by the Court while deciding an application for deletion from the array of parties under Order I Rule 10 of the CPC.Order I Rule 10(2) of the CPC empowers the Court to delete or add parties to the suit.The present petition was filed under Article 227 of the Constitution of India seeking to set aside of the...

'Influential Person Gets Immediate Listing?' : Bombay High Court Refuses Urgent Hearing To Sameer Wankhede's Petition In Bar Licence Matter

The Bombay High Court took strong exception to Sameer Wankhede's writ petition against cancellation of his liquor licence being listed on board out of turn and refused urgent hearing. A bench of Justices Gautam Patel and Madhav Jamdar observed that the matter was not mentioned by Wankhede's advocates, neither was it granted circulation. "So if a poor litigant is there he has to...

Calcutta High Court Directs State To Install CCTV Cameras At Main Entrance Of BJP MLA Suvendu Adhikari's Residence

The Calcutta High Court on Monday directed the State government to install two CCTV cameras at the main gate of the residence of BJP MLA and Leader of the Opposition Suvendu Adhikari. The Court issued the direction while addressing a plea moved by Adhikari alleging that the State government has failed to provide him with adequate security measures and that taking advantage of the loopholes in...

"Politically Motivated": Bombay High Court Dismisses BJP & MNS Members' PIL Against Draft Notification By Municipal Commissioner To Increase Civic Wards

Observing that a PIL filed by rival political party members (BJP and MNS) against the ruling Maha Vikas Aghadi coalition in Maharashtra was "politically motivated" and without "necessary disclosures" the Bombay High Court dismissed the plea and imposed costs of Rs 50,000 on the petitioners. A bench of Justices AA Sayed and Abhay Ahuja refused relief in a plea filed by Nitesh Singh of...

'Reduced Investigation To A Mockery': Calcutta HC Orders CBI Probe Into Haldia Dock Extortion Case, Rejects State's Plea For SIT Probe

The Calcutta High Court on Monday ordered the Central Bureau of Investigation (CBI) to probe into alleged extortion of truckers at Haldia Port and observed that "syndicates" have a stranglehold on most businesses and commerce in the state.The Court thus stayed the ongoing investigation by the State police and furthermore rejected the State's plea to allow a Special Investigation Team (SIT) to...

Give States Say In Appointment & Recall Of Governors : Kerala Tells Centre

The Kerala Government has placed before the Central Government several recommendations to amend the Constitution to give power to the State Governments in the appointment and recall of Governors.Kerala's remarks are made in response to the recommendations made by Justice (retired) Madan Mohan Punchhi Commission constituted by the Government of India in 2007 to suggest reforms in...

Compensation For Motor Accident Death Should Include Compensation Under Conventional Heads Including Loss Of Consortium: Telangana High Court

Relying on the Apex Court decision in National Insurance Company Limited v. Pranay Sethi & Ors., the Telangana High Court recently ruled that the compensation in motor vehicle accident death claims should include amount under conventional heads viz. loss of estate, loss of consortium, and funeral expenses. Brief facts of the case The claimants who are the husband and children...

Jurisdiction Under Art. 227 To Be Exercised Sparingly When Challenge Is To Orders Of Rent Controller & Tribunal: Delhi High Court

The Delhi High Court has observed that the jurisdiction under Article 227 of the Constitution of India has to be sparingly exercised by the High Court when the challenge is to the orders of the Rent Controller and the Rent Control Tribunal. Justice Prateek Jalan added that where orders have been passed on consideration of the materials placed before the Rent Controller and the Tribunal, the...

Rashness & Negligence In Driving Is A Subjective Determination Depending on Different Factors: Jharkhand High Court

The Jharkhand High Court has held that rashness and negligence in driving is a subjective determination depending on different factors like road condition, the volume of traffic, habitation in the area, and weather conditions. Noting that the accident took place on a single road on a foggy morning, Justice Gautam Kumar Choudhary held that the accident was not a case of composite negligence...