Judicial Process Should Not Be An Instrument Of Operation Or Needless Harassment: Cautions Allahabad HC [Read Judgment]

While cautioning the courts to be circumspect and judicious in exercising the discretion and issuing process, the Allahabad High Court quashed the summoning order passed against the editorial staff of a newspaper, in connection with a defamation case. "It is prime duty of the press to expose the Government and its functionaries, if they indulge in misgovernance or acts against the law...

Madras HC Upholds Constitutionality Of Proviso To Section 167(1)(a) Companies Act [Read Judgment]

Protecting the interests of the investors, a Division bench of the High Court of Madras has upheld the validity of the 'proviso' to Section 167(1)(a) of the Companies Act 2013 .In the instant case, the petitioner had contended that the newly inserted proviso in the Companies Act, 2013 was arbitrary and violated the principles of natural justice as Directors of a defaulting company would have...

Services Of Contractual Employee Can Be Counted Towards Qualifying Service For Grant Of Pension, Post Regularization: HP HC [Read Judgment]

The Himachal Pradesh High Court on Thursday held that services of an employee, appointed on contractual basis in temporary capacity, can be counted towards qualifying service for the grant of pension after his services have been regularized. Background In the case at hand, the Petitioner's request for disbursement of her deceased husband's salary was declined by the government on...

Allahabad HC 2019 Highlights

1. Issued Notices On Plea Against Data Interception By State Authorities Chief Justice Govind Mathur and Justice CD Singh issued notice on a petition challenging the validity of Section 69 of the Information and Technology Act, 2000, which empowers authorities to intercept or monitor information through any computer resource. The petition alleges that Section 69 is violative...

Death Of A Youth In A Pothole; Kerala HC Express Apology To The Family Of Deceased For The 'Systemic Failure'[Read Order]

Deeply anguished and perturbed with the death of a youth in a pothole accident, the High court of Kerala speaking through Justice Devan Ramchandran whilst expressing deep apology has constituted a batch of lawyers to identify various roads and pedestrian paths in the Cochin City. The deceased, Yadhu Lal was reported to have been riding a motorcycle when he was caught unaware by...

Legal Columnist & Academic Saurav Datta Passes Away

Legal Columnist and academic Saurav Datta passed away yesterday. Datta had pursued his Law degree from NUJS Kolkata with focus on Human Rights, Criminal Law, Women and Law, Disability Law, Refugee Law, Law and Literature. He then practiced under Senior Advocate Kamini Jaiswal. He served as National Programme Manager for Law School Tutorials (LST) between 2008 and 2009. He was also...

Seemapuri Violence: Court Allows Police To Conduct Bone Test To Ascertain Age Of Accused

A Delhi Court allows Police on Friday to carry out bone ossification test to ascertain the age of an accused, arrested in connection with violent protest at Seemapuri against the amended Citizenship Act, claiming juvenility.Metropolitan Magistrate Gita passed the directions after the police submitted that the accused did not have any valid age proof and it needs to conduct the test.The...

Calcutta HC Deprecates Lawyers Strike; Directs Police To Take Action In Case Of Interference In Administration Of Justice [Read Order]

On Monday, the Calcutta High Court took strong exception to the lawyer's strike and cautioned that any obstruction to judges, police personnel or other public servants from entering the court would amount to cognizable offence and prompt steps shall be taken against the offenders. "the striking lawyers have not only brought the administration of justice to a standstill but have also...

Citizenship- Absence Of Petitioner After Filing Written Statement Not A Ground To Pass Order Against Him Without Considering The Materials On Record: Gauhati HC

A Bench comprising of Justices Suman Shyam and Parthivjyoti Saikia of the Guwahati High Court delivered a judgement stating that the mere fact that the proceedee has remained absent after filing written statement and documents cannot be a justification for the Tribunal to give an opinion against the proceedee without considering the materials brought on record.An ex-parte order had...

'Penal Liability Not Attracted If A Person Harbours Dacoits In General And Has No Knowledge Of A Particular Dacoity': Calcutta HC [Read Judgment]

On Friday, the Calcutta High Court held that penal liability would not be attracted if a person harbours dacoits in general and it must be proved that he had harboured such dacoits who intended to commit a 'particular dacoity'. The order was passed in an appeal filed by one of the convicts against the order of the Trial Court that had sentenced him to suffer rigorous imprisonment...

Madras HC To Cease Publication Of Manually Printed Cause List From Jan 1[Read Press Release]

The Full Court of the Madras High Court has resolved to dispense with printing of manual cause list in its Principal Seat, with effect from January 1, 2020. The cause list will be available online at http://clists.nic.in. The decision was made in light of the resolution in that behalf adopted in the All India Chief Justices' Conference in 2015. However, the high court will continue...

'Disproportionate Restriction On Innocent Civilians':Plea In Gujarat HC Against Perpetual Imposition of S. 144 CrPC In Ahmedabad

A petition has been filed in the Gujarat High Court against repeated issuance of curfew orders under Section 144 of CrPC and Section 37 of Gujarat Police Act, in the city of Ahmedabad, that too without identifying any imminent threat to public order and tranquility. "The impugned order is a disproportionate restriction on the rights of Petitioners as well as other innocent civilians...