Unless Reasoning Of Trial Court Is Perverse, Judgment Of Acquittal Cannot Be Upset: Gujarat High Court

While dealing with the judgment of acquittal, the Appellate Court cannot substitute its own view by reversing the acquittal into conviction, unless the findings of the trial Court are perverse, contrary to the material on record, the Gujarat High Court has held.A Bench comprising Justice SH Vora and Justice Sandeep N Bhatt added, unless reasoning by the trial Court is found to be...

REPCO Bank: Madras High Court Holds Nominal/ Associates- B Class Members Ineligible To Vote/ Contest In Delegate Elections

The Madras High Court has disposed of a batch of writ petitions filed by candidates challenging the election notice issued by the returning officer of Repatriates Co-operative Finance and Development Bank Ltd (REPCO Bank).The grievance of the candidates was that the notice issued for elections to the post of delegates of the respondent society had B Class Nominal or Associate members as...

'To Say The Least, Report Is Absolutely Vague': Calcutta High Court On Police Investigation In Case Of Missing Minor Girl

The Calcutta High Court on Thursday expressed displeasure at the manner in which the investigation is being carried out by police authorities of Kalna Police Station, Purba Bardhaman in a case pertaining to the disappearance of a minor girl in Kalna district of West Bengal. The Court was adjudicating upon a Habeas Corpus Plea moved by the parents of the missing minor girl. A Bench...

Less Graves Cannot Be A Ground To Vest Kabrastan Land In Govt: Gujarat High Court

"One cannot expect that graveyard should be full always and if there are less graves, it cannot be said to be a ground to vest the land in Government," the Gujarat High Court has held. Justice Dr. AP Thaker made this observation while considering a petition filed by the Islahul Sunni Muslim Khidmat Trust for quashing the order passed by the Collector in 2006, vesting the kabrastan...

Kerala High Court Declares Gawking Charges (Nokkukooli) Illegal; Calls For Reforms Of Headload Workers Act

The Kerala High Court recently pronounced a judgment declaring that the practice of demanding gawking charges, often referred to as 'nokkukooli' in Malayalam, is illegal and unconstitutional. This observation came in a plea filed by a man who was not being provided with the necessary registered headload workers for his construction work by the trade unions pursuant to a dispute between them...

'Policy Matter': Delhi High Court Refuses To Entertain PIL To Reduce Covid Booster Dose Interval

The Delhi High Court today refused to entertain a PIL seeking to reduce the time gap for administration of precautionary doses of Covid-19 vaccines (booster shots) to front line workers and senior citizens. The Bench comprising of Chief Justice Patel and Justice Jyoti Singh observed that it is an administrative decision and the Court cannot interfere in policy matters, based on the whims...

Delhi High Court Issues Notice On Plea Challenging Constitutionality Of S.95 IBC

A Writ Petition has been filed by the personal guarantors of an MSME Corporate Debtor, Emkay Automobiles Industries Ltd., challenging the constitutional validity of Section 95 of the Insolvency and Bankruptcy Code, 2016. The Bench comprising of Justice Manmohan and Navin Chawla has issued notices to the Respondents including the Central Government, the Reserve Bank of India, the...

'Deliberately Tried To Hoodwink The Court': Calcutta High Court Raps Former Chairman Of WBCSSC, Imposes 20K Costs

The Calcutta High Court has recently come down heavily on the former Chairman of the West Bengal Central School Service Commission (WBCSSC) while setting aside an order issued by the former Chairman depriving a candidate for the recruitment of assistant teachers in secondary and higher secondary classes in the State of her right to counselling. Justice Abhijit Gangopadhyay while referring to...

Madhya Pradesh High Court Rejects Application For Compounding Of Offences U/S 307, 498A IPC Based On Compromise Between Parties

The Madhya Pradesh High Court, Gwalior Bench recently dismissed an application filed for compounding of offences under Sections 307 (attempt to Murder) and 498-A (Cruelty to wife) read with Section 34 of IPC, based on a compromise between the parties involved.Justice Rajeev Kumar Shrivastava observed,"the allegations are serious in nature wherein mother-in-law & sister-in-law with...

Can't Move High Court Directly Seeking Registration Of FIR Without First Approaching Magistrate U/S 156(3) CrPC: Gujarat HC

Various applications seeking registrations of FIR are being filed before the High Court directly without approaching the concerned Magistrate under Section 156(3) of the Code of Criminal Procedure, the Gujarat High Court has observed. According to Justice Vipul Pancholi, this is in contravention of the Supreme Court's observations on the powers of the Magistrate under Section...

Order VII Rule 11 CPC | There Cannot Be Piecemeal Rejection Of Plaint: Delhi High Court

The Delhi High Court has held that there cannot be a piecemeal rejection of a plaint under provisions of Order VII Rule 11 of the CPC. In other words, Plaint can either be rejected as a whole or not at all.The observation is in line with the Supreme Court's decision in Madhav Prasad Aggarwal & Anr. v. Axis Bank Ltd. & Anr. Therein, a Division Bench had held as follows:"it is...

"Title Hurts Sentiments Of Rajput Community": Karni Sena Moves Allahabad HC Seeking Ban On Release Of Movie 'Prithviraj'

A Public Interest Litigation (PIL) plea has been moved in Allahabad High Court by Shri Rashtriya Rajput Karni Sena's National Vice President (women wing) to restrain the release of the movie 'Prithviraj' starring Akshay Kumar and Manushi Chhillar.The plea has been moved by Sangeeta Singh, National Vice President of (women wing) of Shri Rashtriya Rajput Karni Sena and practicing lawyer in...