Victim Under Immoral Traffic (Prevention) Act Can't Be Sent To Correctional Home Against Her Wishes If She Is An Adult: Bombay HC [Read Judgment]

In a significant ruling, the Bombay High Court has held that a victim under the Immoral Traffic (Prevention) Act, who is an adult, cannot be forced to stay at a correctional home against her wishes.Justice SS Shinde was hearing a criminal writ petition filed by one Asiya Shaikh, a 34-year-old resident of Pune who claims to have raised the victim in the present case, since she was a...

High Courts Weekly Round Up

Allahabad High Court Converted the conviction for murder under Section 302 IPC to culpable homicide not amounting to murder by applying Exception IV to Section 300 IPC. Held that anticipatory bail application filed under Section 438 of Criminal Procedure Code is not maintainable before the High Court without exhausting remedy before the Court of Sessions, unless there...

US President Trump Violated First Amendment By Blocking Twitter Users Critical Of Him, Holds US Court of Appeals [Read Judgment]

"Once the President has chosen a platform and opened up its interactive space to millions of users and participants, he may not selectively exclude those whose views he disagrees with."

Surrogacy: Parents Who Lent Ova And Sperm Will Be Entitled To Maternity And Paternity Leave- Bombay HC [Read Order]

The Bombay High Court held that parents of a child born through surrogacy are also entitled to maternity and paternity leave. Division bench of Chief Justice Pradeep Nandrajog and Justice NM Jamdar was hearing writ petition filed by Dr. Pooja Doshi seeking relief on rejection of maternity leave by her employer on the ground that Leave Rules and policy governing the rules do not permit...

Madras HC Upholds Ban On Single Use Plastic In Tamil Nadu [Read Judgment]

The Madras High Court has upheld the Tamil Nadu government order banning use of throwaway plastic which came into force of January 1 this year. However, the Court lamented its poor implementation, saying plastic products were still freely available. Dismissing a batch of PILs from Chennai Non-Wovens Private Limited and 29 others, a bench of Justices R Subbiah and Krishnan Ramasamy...

Murder Trial : Allahabad HC Explains Ingredients For Applying Exception IV To Section 300 IPC [Read Judgment]

The Allahabad High Court has converted the conviction for murder under Section 302 IPC to culpable homicide not amounting to murder by applying Exception IV to Section 300 IPC.To attract Exception (IV) to Sec 300 IPC the following 4 essential ingredients are must, i.e. the overt act must be:- Without premeditation;in a sudden fight;in the heat of passion upon a sudden quarrel and the...

Parameters For Grant Of Interim Injunction Not Different In Patent Suits : Delhi HC [Read Order]

A division bench of the Delhi High Court on Friday held that the ordinary parameters for grant of interim injunctions should be followed in patent infringement suits as well."Although, there are special features in litigation involving infringement of patents, that still would not obviate the Court dealing with the question of grant of interim injunction to record the three important elements...

Rajasthan HC Issues Directions To Improve Conditions Of Courts After Inspection By CJ Revealed Pathetic State Of Affairs [Read Order]

Remarking that ground reality was much worse than statistics on infrastructure in court complexes across the State where a majority of court complexes lacked drinking water, toilets, chambers and even the crucial lock-up facility, the Rajasthan High Court has asked the District Judges to conduct periodic inspection of court complexes to ensure basic minimum cleanliness, hygiene leading...

'If People Are Dying, Someone Has To Go To Jail', Delhi HC Says While Hearing PIL On Manual Scavengers

Delhi High Court has ordered 10 local bodies including Delhi Jal Board, New Delhi Municipal Corporation and Municipal Corporation of Delhi to file affidavits stating whether or not they are employing manual scavengers, directly or indirectly. The court also remarked that if people continue to die, someone has to go to jail. The court was hearing a PIL filed by National Campaign for Dignity...

A Prisoner's Transit Warrant Can Never Be Converted Into A Regular Warrant In A Case Where The Accused Person Is Already On Bail: Madras High Court [Read Order]

A Prisoner's Transit Warrant Can Never Be Converted Into A Regular Warrant In A Case Where The Accused Person Is Already On Bail: Madras HC [Read Order]

Courts Cannot Recast The Terms Of Arbitration Agreement, Reiterates Delhi HC [Read Judgment]

The Delhi High Court has reiterated that court cannot recast the terms of an arbitration agreement entered into between parties and should rather make efforts to ensure that the parties adhere to the choice of the Arbitrator or to the mechanism for constituting the Arbitral Tribunal as envisaged by the Arbitration Agreement. Justice Sanjeev Narula observed, "The Court while exercising...

Railway Tribunal Judge Dismissed In Rs 50 Crores Fake Claims Scam

A judge of Railways Claims Tribunal, A K Mittal, has been dismissed from service after being found guilty in a scam relating to fraudulent claims worth Rs.50 crores, reports the Indian Express.This is the first time a judge of RCT is facing punishment on such a charge.The probe headed by Supreme Court judge Justice U U Lalit found Mittal, who was lastly posted at the Ernakulam bench,...