"Dying Declaration Recorded By Police Officer Is Admissible": Allahabad High Court Upholds Life Sentence In Murder Case

The Allahabad High Court recently upheld the life sentence of a convict in a murder case that dates back to the year 2002 while stressing that there is no prohibition that the police personnel should not record dying declaration and that such a dying declaration is also admissible in evidence.The Bench of Justice Ramesh Sinha and Justice Vikas Budhwar further noted there might be certain...

Candidates Aged 45 Yrs Or Above Eligible To Head District Consumer Forum If Other Qualifications Are Met: Chhattisgarh High Court Clarifies

The Chhattisgarh High Court has held that if the office of President, District Commission can be held by District Judge aged 55 years or a retired District Judge aged 60 years, then even an Advocate of that age (with requisite experience) is eligible for the same and there is no legal bar or justification to hold otherwise. While dealing with a case regarding non-appointment of...

Calcutta High Court Reserves Judgment In Plea Seeking Deployment Of Central Forces For Bidhannagar Municipal Polls

The Calcutta High Court on Wednesday reserved judgment in a batch of PILs seeking deployment of central parliamentary forces for the upcoming elections to the Bidhannagar Municipal Corporation. Elections to four municipal corporations – Siliguri, Bidhannagar, Asansol and Chandernagore are scheduled to take place on February 12, 2022 and the results for the four civic bodies will be declared...

Natural Justice To Be Read Into A Statute If It Is Silent On Granting Opportunity Of Hearing To Parties : Kerala High Court

The Kerala High Court on Tuesday held that even if a statute does not provide for granting an opportunity of hearing to parties, principles of natural justice have to be read into the statute. While allowing a plea moved by a woman who was terminated from service without personal hearing, Justice Murali Purushothaman held that such a termination order was violative of principle of...

S.482 CrPC | Can't Function As Court Of Appeal/ Revision While Exercising Inherent Jurisdiction: Uttarakhand High Court

The Uttarakhand High Court has reiterated that inherent jurisdiction under Section 482 must not be exercised arbitrarily or capriciously but only in appropriate cases, to do real, substantial justice.It further held that the High Court does not act as a Court of Appeal or Revision, while exercising jurisdiction under this Section and thus, quashing of charge sheet or dismissing...

Limitation | In This Age Of Electronic Communication, Govt Can't Take Advantage Of Inherited Bureaucratic Methodology To Justify Delay: Gauhati HC

The Gauhati High Court has dismissed an appeal filed by the Union of India against an order of the trial Court refusing to condone the delay in filing an arbitration appeal under section 34 of Arbitration and Conciliation Act, 1996.The government had argued that the delay was due to official communication as its headquarters is situated outside of the State of Assam and Arunachal Pradesh.The...

Writ Petition Maintainable Even If There Is Alternate Remedy, Where Principles Of Natural Justice Are Not Followed: Andhra Pradesh High Court

The Andhra Pradesh High Court has reiterated the established principle that even if there is an alternative remedy available, in case the rules of natural justice have not been followed, the aggrieved may approach the High Court by way of a writ petition under Article 226 of the Constitution. The Petitioners in this case had applied for mutation of their names to the land...

Supreme Court Grants Bail To Handicapped Accused Who Was Undetrial For 4 Years In NDPS & MCOCA Case

Taking into consideration the physical condition of a handicapped person with jaipur foot who had lost about 12 kgs of weight, the Supreme Court recently granted bail to an accused charged under NDPS Act, 1985 and Maharashtra Control of Organised Crime Act, 1999 ('MCOCAct').The bench of Justices SK Kaul and MM Sundresh while granting bail in their order said, "In view of the aforesaid facts...

Pre-Trial Detention Impacts Right Of Accused To Defend Himself, Affects Fair Trial Guaranteed Under Article 21: Delhi High Court

Noting that the consequences of pre-trial detention are grave in nature, the Delhi High Court has observed that keeping an undertrial in custody would impact his right to defend himself during trial and that he will be clearly denied the right to a fair trial which is guaranteed under Article 21 of the Constitution. Justice Chandra Dhari Singh made the observation while granting bail to...

'Raise Retirement Age Of High Court/ Supreme Court Judges': DMK MP Wilson In Parliament

Senior Advocate and DMK's Rajya Sabha MP P. Wilson has espoused the cause of raising the retirement age of High Court and Supreme Court judges.In his zero hour speech, the DMK MP voiced the opinion that the retirement age of High Court judges must be raised from 62 to 65 years, whereas the retirement age of Supreme Court judges must be raised from 65 to 70 years.According to Wilson, it has...

[Matrimonial Dispute] Can't Quash FIR On The Ground That Probe Officer Didn't Conduct Preliminary Enquiry: Allahabad HC

The Allahabad High Court has observed that Conducting or not conducting preliminary enquiry is the domain of Investigating Officer on which basis, F.I.R. cannot be quashed. The Bench of Justice Anil Kumar Ojha observed thus while hearing a 482 CrPC plea filed by the Husband, father-in-law, and mother-in-law of the victim, Seema seeking to quash the entire criminal proceedings arising out of...

Award Of Lok Adalat Can Only Be Challenged In Writ Petition Under Article 226 & 227: Gauhati High Court

The Gauhati High Court, while hearing an appeal against a judgment of a Civil Court, has held that agreement of settlement arrived at Lok Adalat is deemed a decree of a civil court and as such it is binding upon the parties.It further held that no appeal lies against it to any court and if any party wants to challenge such an award based on settlement, it can be done only by filing a...