'Pre-Natal Diagnostic Techniques Act'- Police Can Probe Offence But Court Can Take Cognizance Only On Complaint Of Appropriate Authority: P&H HC

The Punjab and Haryana High Court has observed that an FIR regarding an offence under the Pre-Conception and Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 [PCPNDT Act] can be lodged and investigation can be undertaken by the Police, however, cognizance of the offence can be taken by the Court only on the complaint made by the Appropriate Authority as per...

S.82 CrPC Does Not Impose Any Restrictions On Filing Of Anticipatory Bail By Proclaimed Offenders: Punjab & Haryana High Court

If the offence committed is punishable with less than seven years, is a bailable, non-heinous offence and the accused who is a first-time offender, has established a fair ground for not being present in court, to the court's satisfaction, then just the fact that accused has been a proclaimed offender will not bar him/her from availing the benefit of Anticipatory Bail under S. 438 of...

Jharkhand Sessions Court Grants Bail To Two Accused Of Assaulting & Forcing A Muslim Man To Chant 'Jai Shri Ram'

Last Tuesday, a Sessions Court in Jharkhand's Dhanbad district granted bail to two men accused of assaulting a mentally ill Muslim man and forcing him to chant 'Jai Shri Ram.' It is alleged that the accused are associated with the Bhartiya Janta Party. The matter was posted before Additional Sessions Judge Shwaymbhu.In the prosecution's case, the victim, informant's elder brother, was crossing...

Petitioner Surrendered His Seat Before Last Counselling & Not Mid-Course, Institute Can't Recover Entire Course Fees: Karnataka High Court

The Karnataka High Court has said that educational institutions have only a right to recover the prescribed fee for one semester/year and not recover the entire course fees from a candidate who surrenders his seat. A division bench of Justice Alok Aradhe and Justice M G S Kamal relying on the judgments of the Supreme Court in the case of Islamic Academy Of Education & Anr. v. State...

'Taking Serious View Of The Matter': Calcutta HC Raps State For Non-Compliance Of Order Prohibiting Plying Of Unregistered E-Rickshaws

The Calcutta High Court on Monday expressed displeasure at the conduct of the State government for not complying with the Court's earlier order directing the State to ensure a ban on plying of unregistered E-rickshaws in the State. The Court vide order dated August 17, 2018 had disposed of a Public Interest Litigation (PIL) petition after directing the State government to ensure that...

Irregularity In Maintaining List Of Beneficiaries, Stocks Too Trivial, Does Not Warrant Cancellation Of Fair Price Shop License: Patna High Court

The Patna High Court recently quashed the orders of the Sub Divisional Officer and the District Magistrate in revision canceling the license of the petitioners for running a fair price shop under the Public Distribution System. Justice Anil Kumar Sinha held that the onus to prove the charges is on the allegations; however, in the present case, the respondent, instead of proving the charges...

'PIL Filed For Publicity Without Proper Research': Madras High Court Bars Litigant From Filing PILs For 2 Yrs, Imposes Cost

In a plea seeking a slew of "exceedingly general directions" for tackling the menace of corruption, the Madras High Court has censured the petitioner for filing public interest litigations for mere publicity, without proper research.The first bench of Acting Chief Justice Munishwar Nath Bhandari and Justice PD Audikesavalu further imposed a cost of Rupees Ten Thousand on the petitioner...

Kerala High Court Admits Plea Alleging Unauthorised Lab Conducting Covid Tests At Calicut Airport

The Kerala High Court has admitted a plea alleging that an unauthorised lab is conducting Rapid-PCR Covid tests at the Calicut International Airport. The plea also challenged the airport's denial to accept the passenger's recent RT-PCR test results. Justice N. Nagaresh on Wednesday directed the respondents to file a counter-affidavit in the matter within 4 weeks. The plea was filed by...

High Court's Powers U/S 482 CrPC Wide Enough To Quash FIR & Subsequent Proceedings Even For Non-Compoundable Offences: Punjab & Haryana High Court

High Courts can exercise powers under Section 482 of CrPC to quash proceedings in non-compoundable offences, the Punjab and Haryana High Court has held.Although compounding of offences is governed under Section 320 of CrPC and non-compoundable offences are not covered in that Section, this limited jurisdiction of compounding an offence within is not an embargo against invoking inherent...

"Heavy Cost To Be Imposed If Affidavit Isn't Filed By Tomorrow": Allahabad HC To UP Govt On Plea For CBI Probe In Kasganj Custodial Death Case

Hearing the plea moved by Chand Miyan (father of the Kasganj Custodial death Victim) seeking a CBI probe in the matter, the Allahabad High Court today warned the Kasganj SP to file an affidavit in the matter by tomorrow, otherwise, the Court shall impose a heavy cost. The Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma asked the State as to why the affidavit hadn't been filed in...

Calcutta High Court Seeks Personal Appearance Of School Headmistress For Non-Compliance Of Court's Directions Regarding Issuance Of No-Objection Certificate

The Calcutta High Court on Tuesday sought the personal appearance of a school headmaster for not complying with an earlier order of the Court wherein the concerned school had been instructed to file an affidavit enumerating as to why a no-objection certificate (NOC) could not be granted to the petitioner.Justice Abhijit Gangopadhyay noted that the earlier order of the Court dated January 21,...

Applicant Seeking Relief U/S 5 Limitation Act Must 'Explain Delay For Every Day' That Elapses Beyond Prescribed Period: Karnataka High Court

The Karnataka High Court has said that it is the duty of the applicant seeking relief under Section 5 of the Limitation Act to explain the delay for every day that elapses beyond the period allowed by the Act. In the absence of sufficient cause, the Court of the Authority has no power to extend the time. Justice Jyoti Mulimani said, "I can say only this much that the law of limitation...