Delhi High Court Clarifies Controlled Substances Are Not Affected By The Bar To Bail Under Section 37 Of The NDPS Act

In a case involving a foreign national arrested under the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the Delhi High Court clarified the liability of persons accused of offenses involving controlled substances and the foreigner's right to bail. Section 37(1) of the Act states that: "37. Offenses to be cognizable and non-bailable.—(1)...

Rajasthan HC Dismisses Plea of Municipal Board's Chairperson Challenging His Suspension; Directs State To Conclude Preliminary Enquiry Within 1 Month

The Rajasthan High Court dismissed a plea filed by the Chairman of Municipal Board Badi Sadri challenging his suspension by the state government. Justice Dinesh Mehta, observed, "The allegation against the petitioner is acceptance of bribe, in discharge of his official duties, through his brother-in-law for clearing the bills of the complainant. The order of suspension states that...

CPC- Plaint Has To Be Amended Once Application For Amendment Allowed Under Order VI Rule 18: Delhi High Court

The Delhi High Court has observed that once an application for amendment is allowed in terms of Order VI Rule 18 of Code of Civil Procedure, the plaint has to be amended. Justice Pratibha M Singh also reiterated that in case the amended plaint is not filed within the stipulated time, the plaint cannot be amended thereafter. The Court was dealing with a revision petition, the wherein...

Allahabad High Court Weekly Round Up: January 31 To February 6, 2022

Judgments/Orders of the Week1. [Child Custody] Habeas Writ Lies Only If Minor Is Detained By A Person Who Isn't Entitled To His/Her Legal Custody: Allahabad HCCase title - Shradha Kannaujia (Minor) And Another v. State Of U.P. And 5 Others Case citation: 2022 LiveLaw (AB) 28The High Court has observed that the power of the High Court in granting a writ of Habeas Corpus in child custody...

Man Seeks Stay On Externment Order To Campaign For Wife In Assembly Polls: Allahabad HC Denies Relief In Special Sunday Hearing

In a Special Sunday Sitting, the Allahabad High Court today refused to grant relief to one Kartik Chaudhary who sought a stay on an externment order passed against him so that he can campaign for his wife, who is contesting the Assembly Elections in Uttar Pradesh from Aligarh's Khaira seat.The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma observed that the petitioner...

Swear Faith & Allegiance To Constitution : Madras High Court Asks Maoist For Bail

Madras High Court has recently granted bail to an accused Maoist on the condition that she would file a sworn affidavit in the Tamil language, declaring her faith and allegiance to the Indian Constitution.The Division Bench of Justice P.N Prakash and Justice R. Hemalatha has also held that the affidavit should mention that the accused person does not believe in Maoism anymore. She should...

Sr Citizens' COVID Booster Dose Delayed Due To 'Erroneous' Vaccine Certificate: Orissa HC Issues Notice To Centre, State Govt

The Orissa High Court last week issued a notice to the Central Government as well as the state government on a writ petition filed by two senior citizens (husband-wife) submitting that they are eligible for COVID Vaccine Booster Dose, however, due to erroneous data in Vaccine certificate, their booster dose has been delayed. Essentially, the final COVID Vaccine certificate issued to...

Tandav Web-Series Row: Amazon Prime Video Head Aparna Purohit Allowed To Travel Abroad By UP Court

The Lucknow Court last week allowed Amazon Prime Video's India head Aparna Purohit, who is facing an FIR registered in Lucknow, for allegedly depicting Hindu gods in a bad light in the web series Tandav, to travel abroad.Purohit had moved the Lucknow Court with her application seeking permission to travel abroad (Dubai) to meet her parents who are presently unwell. This application had been...

Tolerance Should Be Shown Towards Other Religious Practices; This Country Takes Pride In Unity In Diversity: Madras High Court

The Madras High Court in a recent judgment spoke about the need to show tolerance towards other religious practices. The Court was dealing with a writ petition filed by a Hindu man challenging the permission granted by the Kanyakumari District Collector granted to construct a church, against which the petitioner complained of nuisance due to the use of loudspeakers throughout day and...

Allahabad HC Again Expresses Concern Over Non-Implementation Of POCSO Act, Rules & 'Junaid Case' Guidelines In UP

The Allahabad High Court has yet again expressed concerns over the non-implementation of POCSO Act, 2012 read with POCSO Rules, 2020, and also Junaid case guidelines issued by the High Court by the CWCs (Child Welfare Committee) in all districts of U.P.It may be noted that in Junaid's case, the High Court had, inter alia, issued directions and a timeline for the disposal of bail...

"Testimony Of Sole Eyewitness Not Truthful": Allahabad HC Sets Aside Convict's Life Sentence In A 23-Yr-Old Murder Case

The Allahabad High Court on Wednesday set aside the life sentence of a murder convict in a case that dates back to the year 1998, after concluding that the testimony of the sole eye witness in the case isn't truthful on a material particular and is inconsistent as well.The Bench of Justice Manoj Misra and Justice Sameer Jain, in its analysis of the facts, circumstances, and evidence adduced...

Where An Allegation Of Fraud Is Made, The Said Allegation Would Have To Be Proved Beyond Any Reasonable Doubt: Andhra Pradesh High Court

The Andhra Pradesh Court vide order by Justice R. Raghunandan Rao recently ruled that where an allegation of fraud is made, the said allegation would have to be proved beyond any reasonable doubt. Brief Facts of the case The Petitioner had constructed a multi storied commercial complex in the suit schedule property under a development agreement with APSRTC. The petitioner provided...