Public Prosecutor Must File Independent Report Justifying Detention Of Accused Beyond 180 Days U/S 36A(4) NDPS Act: Punjab & Haryana HC

The Punjab and Haryana High Court has held that default bail to an accused charged under NDPS Act cannot be denied on the pretext of investigation not being complete within the stipulated period of 180 days, unless the Public Prosecutor, after he has independently applied his mind, files a report disclosing justification for keeping the accused in further custody to enable the...

Gujarat High Court Weekly Round-Up [7 February - 13 February 2022]

1. Encroachment Over Public Land Can't Be Retained Citing Right To Shelter: Gujarat High Court Case Title: Bandhkaam Mazdoor Sangathan vs State Of GujaratCase citation: 2022 LiveLaw (Guj) 26While dismissing a PIL seeking to restrain the Railway authority from evicting slum dwellers until rehabilitation, the Gujarat High Court has held that the right to shelter is not a ground to...

Only Use Of Motor Vehicle Required To Be Established U/S 163A MVA; Need Not Prove Someone Else Was Driving Negligently: Gujarat High Court

Affirming that it is not necessary under Section 163A of the Motor Vehicles Act to prove that somebody else was driving the vehicle rashly and negligently which resulted in the death of the victim, the Gujarat High Court has imposed liability on the insurance company to pay compensation to the family of the deceased. The Bench comprising Justice Sandeep N Bhatt ordered this in connection...

Non-Examination Of Child Witnesses Not Fatal To Prosecution Case When Adult Witnesses Available: Telangana High Court

The Telangana High Court recently ruled that children cannot be called to the court and cited as witnesses unless it is very much essential and there were no other witnesses to prove the case. The non-examination of children is not fatal to the prosecution case when there were adult witnesses available, it added. The observation was made by Justice G. Radha Rani, while hearing an...

Mere Fact That FIR Was Lodged As A Counterblast Not Ground To Quash It U/S 482 CrPC: Andhra Pradesh High Court

The Andhra Pradesh High Court recently ruled that the mere fact that FIR was lodged against the accused as a counter blast by itself cannot be a ground to quash the FIR under Section 482 of CrPC. It is a matter to be ascertained by the Investigating Officer during the course of investigation, it held. Justice Cheekati Manavendranath Roy observed,"that the present report was...

Employee Cannot Be Terminated Without Full Departmental Inquiry: Gujarat High Court

Gujarat High Court Bench comprising Justice Biren Vaishnav while allowing the Petition challenging the order terminating the Petitioner's services has observed as follows; "The employer is not allowed to hire and fire even if the employee, maybe ad hoc or probationer, and the services cannot be given a go-bye by one stroke of pen on the ground of misconduct by casting stigma,...

Bombay High Court Summons Notary Alleged To Be Practicing With 3-4 Clerks Posing As Notaries

The Bombay High Court has summoned a Notary to personally appear before it at 10.30am today, since he is alleged to be operating from outside the High Court building with 3-4 clerks operating at the same time as the Notary himself.A Notary is a service which is used to certify authenticity of a document and the document is supposed to be notarised after the Notary verifies a copy with...

Unemployment Of Husband Would Not Absolve Him From Responsibility To Maintain His Wife: Delhi Court Upholds Interim Order Of Maintenance

Observing that mere fact that the husband is unemployed would not absolve him from his responsibility to maintain his wife, a Delhi Court has upheld an order awarding a meagre amount of interim maintenance of Rs. 5,133 per month to the wife.Additional Sessions Judge Sanjay Sharma of Tis Hazari Courts observed that the husband cannot shirk his responsibility regarding interim maintenance...

Gujarat High Court Grants Protection To Young Couple Wishing To Marry

The Bench comprising Justice Sonia Gokani and Justice Mauna Bhatt while granting protection to a young couple wishing to marry each other, admitted the writ of habeas corpus seeking the release of Jayaben Shrimali from the care of the District Legal Service Authority, Banaskantha. The Court had, on an earlier occasion, granted protection to the corpus who was interested in marrying...

Meghalaya Police Member Found Passing Info To Extremist Outfit: High Court Upholds His Removal Sans Inquiry

The Meghalaya High Court last week upheld the removal (sans inquiry) of a member of the State Police Force who was found had passed on information pertaining to police operations and movements to a banned and extremist outfit by the name of Garo National Liberation Army.Finding a justification in the move to remove him from service without giving him an opportunity to defend the charges...

Disputed Question Of Fact Regarding Title Of The Plot Can't Be Gone Into While Exercising Its Extraordinary Writ Jurisdiction: Rajasthan HC Disposes PIL

A division bench of Rajasthan High Court observed that the disputed question of fact regarding title of the plot in question cannot be gone into by the High Court while exercising its extraordinary writ jurisdiction. The court opined that the issues require a decision of civil court. Justice Vinod Kumar Bharwani and Justice Sandeep Mehta, observed, "In this view of the...

"Have Removed 'Derogatory' Content/Comments Against Judiciary, Judges": Twitter Informs Andhra Pradesh High Court

Filing an affidavit in compliance with the order passed by the Andhra Pradesh High Court on January 31, 2022, the Social Media giant Twitter has informed the High Court that it has taken necessary steps to remove several 'derogatory' comments posted against the judiciary and some High Court judges as per HC's order.Essentially, the Andhra Pradesh High Court had earlier sought an explanation...