Approach Concerned Authority: Gujarat High Court To Litigant Seeking Action Against Encroachment Of Village Graveyard

The Gujarat High Court has disposed of a Public Interest Litigation (PIL) seeking action against alleged illegal encroachment on a piece of land allotted for the graveyard in Banaskantha district of Gujarat.The division bench of Acting Chief Justice AJ Desai and Justice Biren Vaishnav took note of the submission made by Taluka Development Officer, Dhanera Taluka Panchayat, that a notice has...

When Will Local Body Elections Be Conducted, Telangana High Court Asks Panchayat Raj Department

The Telangana High Court has issued notice to the State Election Commission and Panchayat Raj Department on a PIL to conduct local body elections in the state.The bench of Chief Justice Ujjal Bhuyan and Justice N.Tukaramji asked the Panchayat Raj Department to apprise the court as to when elections to the local bodies of Zilla Parishad, Mandal Parishad and Gram Panchayat in the State of...

Antilia Bomb Scare-Mansukh Hiren Murder Case: Bombay High Court Refuses To Order Probe Against Former Mumbai Police Commissioner Parambir Singh

The Bombay High Court recently dismissed a writ petition seeking investigation into former Mumbai Police Commissioner Parambir Singh in connection with the Antilia Bomb Scare-Mansukh Hiran Murder Case.A division bench of Justice Sunil B Shukre and Justice Kamal Khata held that the petition is based on hearsay evidence and does not disclose any offence at the hands of Singh.“the averments...

Levelling Allegations Against Spouse In Newspaper Whether Defamatory Or Not Lowers Reputation: Bombay High Court Upholds Divorce Decree

The Bombay High Court recently observed that the wife’s reputation is lowered by the mere fact that husband has made allegations against her in a newspaper, whether or not the news report is actually defamatory.A division bench of Justice RD Dhanuka and Justice MM Sathaye was dealing with a matrimonial dispute in which the husband published allegedly defamatory news about his wife in...

Inability Of Prosecution To Establish Dead Body's Identity Not Sufficient Ground For Acquittal: Gujarat High Court

The Gujarat High Court has held that the inability of the prosecution to establish the identity of the dead-body on the basis of DNA reports is not a sufficient ground for acquittal of the accused, especially in a case where the accused was charged with murdering his own wife and where the remains of the dead-body were found buried in his residential premises.A division bench of Justices...

Coercive Measures Preventing Residents From Feeding Stray Dogs An Offence: Bombay High Court To Housing Society

"To hate the stray dogs and/or treat them with cruelty can never be an acceptable approach, from persons of civil society," the Bombay High Court observed urging a housing society to take a compassionate view over feeding of stray dogs."If the Society continues to take any coercive measures as noted by us above and by physical force, persons like the petitioner are prevented from taking care...

Object Of Jurisdiction Under Article 226 Is Enforcement, Not Establishment Of Right/ Title, Can't Decide Disputed Facts: Jammu & Kashmir High Court

Declining to display indulgence and exercising its jurisdiction under Article 226 of the Constitution, the Jammu and Kashmir and Ladakh High Court recently observed that the object of jurisdiction under Article 226 is the enforcement and not the establishment of right or title and hence a disputed question of fact cannot be investigated in a proceeding under Article 226 of...

Delhi High Court Issues Summons To Uddhav Thackeray, Aditya Thackeray, Sanjay Raut In Defamation Case By Shinde Faction Leader

The Delhi High Court on Tuesday issued summons to Maharashtra political leaders Uddhav Thackeray, Aditya Thackeray and Sanjay Raut in a defamation case filed by Eknath Shinde-faction leader Rahul Shewale.Justice Prateek Jalan issued summons in the suit filed by Shewale against certain statements made by Thackerays and Raut alleging that Eknath Shinde faction "bought the Shiv Sena symbol" for...

Umesh Pal Abduction Case: Former MP Atique Ahmad Found Guilty By Prayagraj Court, Sentenced To Life Imprisonment

Former MP and alleged Mafia Atique Ahmed, and two others have been CONVICTED in the Umesh Pal abduction Case by MP/MLA Court in Prayagraj. The Court has sentenced him to Life Imprisonment under Section 364A IPC.Seven others including Ahmed's brother Khalid Azim alias Ashraf have been acquitted in the case, he said. Both Atique and his brother have also been accused of conspiring to kill...

Person Against Whom Externment Order Is Passed Must Be Supplied 'Report' Leading To Such Decision: Karnataka High Court

The Karnataka High Court has made it clear that under Section 58 of the Karnataka Police Act, the report based on which a person is to be externed must be mandatorily supplied to such person along with the notice so issued. A single judge bench of Justice M Nagaprasanna allowed the petition filed by T Roopeshkumar @ Roopi and said “The provision makes it mandatory for grant of...

21 Yrs Have Elapsed: Kerala High Court Quashes Perjury Case Against Hostile Witness In ‘Kalluvaathukkal Liquor Tragedy' Case

The Kerala High Court recently quashed proceedings against a witness who had turned hostile in the ‘Kalluvaathukkal liquor tragedy' case. The court was of the view that since the main accused persons were convicted in the trial and the evidence of the hostile witness did not have any impact on the case, prosecuting the witness 21 years after giving evidence, would be an abuse of the...

No Maintenance Under Domestic Violence Act For "Refusal Or Neglect" To Maintain Wife: Bombay High Court

When no domestic violence is found in a domestic violence case, maintenance cannot be awarded to wife on the ground that husband refused and neglected to maintain her, the Bombay High Court held recently.Justice SG Mehare of Aurangabad bench observed that the concept of “refusal and neglect to maintain wife” given in section 125 CrPC does not exist in the Protection of Women From...