A H Vishwanath Disqualified; Disqualification To Be Considered While Nominating Him As Minister : Karnataka High Court

The Karnataka High Court on Monday held a prima facie view that Member of Legislative Council A.H. Vishwanath, has incurred disqualification under Article 164 (1) (b) and Article 361 (B) of the Constitution of India, till the expiry of the term of the Legislative Council-May 2021, while two other nominees R. Shankar, and N. Nagaraj (MTB) have not. A division bench of...

Freedom Of Speech Doesn't Entitle A Person To Make Derogatory Remarks Against Any Community/Gender: P&H High Court

"Freedom of speech does not entitle a person to make derogatory remarks/posts against any community or gender", remarked the Punjab & Haryana High Court on Thursday (26th November). The Bench of Justice Alka Sarin made the above-said observation while dismissing a petition for grant of regular bail to the Petitioner under Sections 153-A, 295-A and 505 of the Indian Penal Code,...

Investigation & Arrest Under Immoral Traffic (Prevention) Act To Be Conducted By Special Police Officer; Power Cannot Be Delegated: Kerala High Court

The Kerala High Court has made it clear that any investigation or arrest under the Immoral Traffic (Prevention) Act, 1956 has to be conducted only by a Special Police Officer authorized in that behalf. It has been held that there is no provision in the Act that empowers such Special officer to authorise the investigation of the case to be conducted by any other Police...

Alleged Leakage Of Confessional Statement Of Delhi Riots Accused- Zee News And OP India Violated The Programme Code: Petitioner Tells Delhi HC

"The vigilance inquiries in regard to the documents/confessional statement being leaked from the case diaries has been concluded.", SPP submitted before the Court.

Section 14 Limitation Act Has No Application In Criminal Proceedings : Chhattisgarh High Court

The Chhattisgarh High Court has observed that the Section 14 of the Limitation Act, 1963 has no application in criminal proceedings.Section 14 provides for exclusion of time spent in proceedings bona fide, in a Court which lacked jurisdiction. The issue in this case was whether in a criminal proceeding, Section 14(1) of the Limitation Act, 1963 would be applicable? In this case, the dismissal...

Dishonour Of Cheque: Specific Averments To Be Mentioned, Not Enough To Allege That the Accused Was CEO Or Director Of Company: Delhi High Court

The Delhi High Court has passed an order quashing criminal proceedings against the former CEO of a company in a cheque dishonour case, holding that as no specific allegations or averments against the former CEO, regarding her alleged role either in the transaction or in the conduct of business of the company were made out, the complaint against her was liable to be quashed in...

'Constitutional Duty Of State To Ensure Effective & Speedy Prosecution': Calcutta High Court Calls For Reports On Undertrials In NDPS Cases

"Right of bail to an under-trial flows from Article 21 of the Constitution of India which frowns upon unnecessary and prolonged detention pending judicial adjudication of guilt," observed the Calcutta High Court on Friday while stating that the restrictions on grant of bail to an undertrial under Section 37 of the Narcotic Drugs and Psychotropic Substances Act (NDPS) 1985, have to be read...

It Cannot Be Presumed That Police Officer Will Be Biased Merely Because He Is Facebook Friend Of Complainant: Punjab & Haryana HC

"Sending of complaints by way of emails to the officials on their personal email IDs or having them as friends on social media do not give rise to any presumption of mala fide."

BBA Writes To Bombay High Court Chief Justice Requesting Him To Reconsider Order To Resume Physical Hearing

Referring to the Office Order dated 27.11.2020 of the Bombay High Court, pursuant to which physical presence in the Court has been made mandatory, the Bombay Bar Association ("BBA") on Sunday (29th November) sent a representation to the Chief Justice, High Court of Bombay to request him to modify the Office Order dated 27.11.2020. In the representation, it has been stated that...

Gujarat High Court To Consider Imposing Punishment Of 'Community Service At Covid-19 Centres' Upon Mask Violators

The Gujarat High Court on Friday said that imposition of fine on not wearing masks is not acting as a sufficient deterrent amongst the public and the State Government may consider making violators work at Covid-19 centres. This suggestion has not attained finality and will be discussed by the Court with the State Government on Tuesday, December 1. A Division Bench of Chief Justice...

"Cautions Expressed Falling Into Deaf Years": Supreme Court Slaps Rs. 15K Costs On UP Govt For Delayed SLP Filing

It appears that the cautions extended from time to time are falling on deaf ear, remarked the Supreme Court while dismissing a Special Leave Petition filed by the State of Uttar Pradesh with a delay of 1006 days."If the petitioners feel that the period of limitation prescribed by the Legislature is not sufficient, given their inefficiencies and incompetence, then it is for them to persuade...

High Courts Weekly Roundup [Nov 23 – Nov 29]

Allahabad High Court 1. "Right To Choose A Partner Of Choice A Fundamental Right": Allahabad High Court Says The Judgments Which Held "Conversion For The Purpose Of Marriage Only" Not Good Law [Salamat Ansari & Ors. v.State of UP & Ors. ] A Bench of Justice Pankaj Naqvi and Justice Vivek Agarwal specifically observed that "Right to live with a person of his/her...