"Justice To Which Mercy Is Alien Is No Justice At All": Delhi High Court Stays Transfer Of HIV Positive BSF Jawan

Staying the transfer of an HIV Positive Border Security Force (BSF) Jawan, the Delhi High Court last week disapproved the insistence of the BSF that he joins duty at his new place of posting in his precarious medical condition. The Bench of Justice C. Hari Shankar and Justice Subramonium Prasad specifically observed thus: "Justice, it is well settled, has to be tempered with mercy...

Delhi High Court Grants Interim Injunction To Tata Group Against Website 'Tatacliqsmart' For Having Similar Domain Name As It's E-Commerce Platform 'Tatacliq'

The Delhi High Court has granted interim injunction to 'Tatacliq' E-commerce platform of Tata Group against website 'Tatacliqsmart' for having a similar domain name thereby alleging infringement of its trademark and copyright.A single judge bench comprising of Justice Subramonium Prasad observed thus:"This Court tried to open the website www.tatacliqsmart.com and found that the website cannot...

"Explore Possibility Of Having A Uniform Legislation Governing The Places Of Worship": Jammu & Kashmir High Court To UT Admin

The Jammu & Kashmir High Court last week asked the Union Territory Administration to explore the possibility of having a uniform legislation governing the places of worship. The Bench of Chief Justice Pankaj Mithal and Justice Sanjay Dhar also sought a report from Deputy Commissioner Baramulla as to whether any land of the temple has been encroached upon and is...

Tracking Proclaimed Offenders: 'Obtain Social Media Details While Arresting, Keep A Vigil On The Same': Delhi High Court To Police, CBI

In a recent ruling of Delhi High Court, laying down detailed guidelines to be followed while declaring a person as a Proclaimed Offender, the Delhi Police & CBI have also been directed to obtain the social media details of such people (Proclaimed Offenders) at the time of their arrest or soon thereafter."At the time of arrest or soon thereafter, the police shall collect the...

Ensure Every Possible Medical Treatment To Imprisoned FR. Stan Swamy To 'Protect' His Human Rights: NHRC To Maharashtra Chief Secretary

In a significant move, the National Human Rights Commission, NHRC, India has asked Maharashtra's Chief Secretary to ensure that every possible medical treatment is provided to the imprisoned FR. Stan Swamy (currently lodged in Taloja Jail, Navi Mumbai) "as part of life-saving measure and protection of his basic human rights."NHRC has issued the notice in view of the complaints alleging...

Runaway Couple's Protection Plea: Punjab & Haryana High Court Directs SSP To Take Minor Girl's Custody

Hearing a plea filed by a runaway couple (a minor girl and a 28-year-old boy), claiming to be married and seeking protection, the Punjab & Haryana High Court last week directed the Chandigarh SSP to take over the custody of the minor girl (petitioner no. 1).The Bench of Justice Arun Kumar Tyagi also gave the liberty to the police to take appropriate action against the 28-year-old...

Lawyer Arguing Sitting In Car: "This Is Not 'Drawing Room', Strictly Adhere To Dress Code": Allahabad HC Directs Framing Of 'Do's & Don'ts' For Lawyers

Pulling up a lawyer who, while sitting in the car, was trying to argue the case from the car itself, the Allahabad High Court directed the Registrar General, High Court to frame a set of rules for 'do's and don'ts' for the lawyers while addressing the Courts.The order by the bench of Justice Rahul Chaturvedi comes days after the office bearers of the Bar Associations of the High Court were...

High Courts Weekly Roundup [June 28, 2021 To July 4, 2021]

Allahabad High Court 1. Attempt Made By Centre To Justify Delay In Deciding Representation, Amplifies Bureaucratic Red-Tapism In Movement Of Files: Allahabad HC Quashes NSA Detention Order [Mohhammad Sazid v. Superintendent, District Jail, Lucknow & Ors] Pulling up the Centre and the State Government for their delay in deciding the representation made by the detenue, a...

Accused Seeking To Secure Evidence To Lead At Appropriate Stage Of Trial Can't Be Called Unreasonable: Madhya Pradesh High Court

The Madhya Pradesh High Court this week observed that an accused can't be denied his right to adduce evidence within parameters of the law, and if accused wishes to secure the evidence to lead the same at the appropriate stage of the trial can't be said to be unwarranted or unreasonable.The Bench of Justice Subodh Abhyankar was hearing a challenge to the order passed by the Sessions Judge,...

Parole A Privilege Granted By State To Prisoners, Can't Be Clipped For Vague Reasons: Punjab & Haryana High Court

Granting parole to a murder convict, the Punjab & Haryana High Court last week observed that parole is a privilege granted by the state to the prisoners, and the same cannot be clipped for vague reasons. The bench of Justice Ritu Bahri and Justice Archana Puri was hearing a plea filed by one Mohammad Sabir, a convict in murder and attempt to murder case seeking parole on the ground to...

'Endeavor To Comply With Juvenile Justice Act': Allahabad High Court Tells State As Plea Alleges Non-Implementation

The Allahabad High Court on Thursday issued notice to the UP Government, admitting a plea filed by an Advocate, seeking implementation of the Juvenile Justice (Care and Protection of Children) Act 2015 and the Rules framed thereunder. A division bench of Acting Chief Justice Munishwar Nath Bhandari and Justice Rajendra Kumar has granted three weeks to the State for filing...

Wife Entitled To Maintenance Even If She Unilaterally Divorces Her Husband If She Is Unable to Maintain Herself: Calcutta High Court

The Calcutta High Court on Thursday ruled that a divorced wife is entitled to maintenance under Section 125 of the Code of Criminal Procedure (CrPC) even if the divorce had been unilaterally initiated by her. In the concerned case, the petitioner had challenged an order dated 18th November, 2017 passed by the Additional Sessions Judge, 5th Court, Murshidabad whereby maintenance...