High Courts Weekly Round-Up

Allahabad High Court Held that prior government sanction under Section 196 of CrPC is mandatory to take cognizance of offences like Section 121-123 IPC and it thereby set aside the order of conviction and sentence of life imprisonment imposed on a Pakistani Jais-E-Mohommad Terrorist group member and another Indian citizen, for want of such sanction.Taking note of the bleak chances...

Test Reports Showed Lead Content Is Within Permissible Limit: Kerala HC Closes PIL Seeking Ban Of Maggi Noodles [Read Judgment]

The Kerala High Court, last month, closed a Public Interest Litigation seeking ban of Maggi Noodles manufactured and sold by Nestle India Limited.One Thampi Subramanian had approached the High Court in the year 2015 alleging that Maggi Noodles contain Monosodium Glutamate and particles of lead in excess of permissible limits. When the matter was called for final hearing, Senior Advocate...

Call For Pre-litigation Mediation Had Become Louder In The Recent Years: Justice Bobde At NALSA Meet

The 17th All India Meet of State Legal Services Authorities began in Nagpur yesterday, under the aegis of National Legal Services Authority (NALSA), and will conclude today, i.e., August 18. It is an annual meet, designed to contemplate and work upon present-day issues in the legal sector and also to review the progress of existing programs. Law Minister Ravi Shankar Prasad inaugurated the...

Right Of Personal Liberty Is Most Precious Right Guaranteed Under Constitution: Jammu & Kashmir HC [Read Judgment]

Right of personal liberty is most precious right, guaranteed under the Constitution, reiterated the High Court of Jammu and Kashmir in a judgment delivered in a Habeas Corpus petition. Justice Tashi Rabstan, though dismissed the petition challenging the preventive detention of Mohammad Hussain, referred to various Supreme Court judgments highlighting the importance of personal...

Transferee Pendente Lite Has Locus Standi To File Application At The Stage Of Order IX Rule 13 CPC: SC [Read Judgment]

"Observations of this Court in Usha Sinha vs. Dina Ram would not strictly govern and restrict the scope of an application on behalf of a transferee pendente lite at the stage of Order IX Rule 13 of CPC."

First 'Virtual Court' Launched In Faridabad To Deal With Traffic Challan Cases In Haryana

" Footfalls in the courts will be reduced considerably as accused need not visit the court for pleading guilty", said HC

Amend 'Women Protection' Laws To Prevent Misuse And To Safeguard Interest Of 'Innocent Masculinity': Madras HC [Read Order]

"Certain laws, which are in existence for easy access to women, lend itself to easy misuse that women will find it hard to resist the temptation to "teach a lesson" to the male members and will file frivolous and false cases."

Offences Committed Outside India: Central Govt. Sanction Not Required To Arrest An Accused During Investigation [Read Judgment]

"Only those inquiries within the meaning of Sec. 2(g) of the Cr.PC. which are in the post-cognizance stage, alone would come within the zone of prohibition contained in the proviso to Sec. 188 of the Cr.PC."

Allahabad HC Bats For Amicable Settlement In Matrimonial Cases By Mutual Agreement [Read Order]

Taking note of the bleak chances of conviction if parties in a matrimonial dispute arrive at a settlement, the Allahabad High Court has said the offender and victim in such cases should be allowed to compound the offence in terms of the settlement. "The object of criminal law is primarily to visit the offender with certain consequences. He may be made to suffer punishment or by...

Rules Of BCI And Govt. On Granting Approvals To Law Colleges Have To Be Harmoniously Interpreted: Delhi HC [Read Judgment]

Delhi High Court has held that the Rules of Bar Council of India regarding approval of Colleges and the Rules/Policy laid down by the Directorate of Higher Education have to be read in harmony. Moreover, the temporary approval granted by the BCI cannot be used to challenge the non-grant of NOC by DoHE when the conditions laid down in the temporary approval have not been complied with....

In Motor Accident Cases, Deceased Victim's Salary Cannot Be Assessed Based Upon The Fact He Was A Brilliant Student: Bombay HC [Read Judgment]

The Bombay High Court has held that merely because the victim in a motor accident case was a brilliant student, his salary cannot be assessed as exemplary.Justice Vibha Kankanwadi of the Aurangabad bench partly allowed the appeal filed by Reliance General Insurance Ltd and modified the compensation amount from Rs.21.90 lakh to Rs.15.82 lakh. The insurer had challenged the award passed by...

Bombay HC Grants Interim Protection From Arrest To Man Accused Of Giving Triple Talaq To His Wife [Read Order]

The Bombay High Court has granted interim protection from arrest to one Imtiyaz Patel, accused of giving triple talaq or instantaneous divorce to his wife, complainant in the case. Justice Revati Mohite Dere heard the anticipatory bail application filed by Imtiyaz and directed the Assistant Public Prosecutor to take detailed instructions from the State before the next date of...