There Can’t Be Shortcut To Dispose Of Criminal Prosecution: Bombay HC Deprecates Magistrate, Orders Enquiry Against IO, APP [Read Judgment]

The Bombay High Court in a recent judgment ordered a fresh trial in a matter regarding the acquittal of an accused under Sections 279 (rash driving), 337 (causing hurt by act endangering life or personal safety of others) and Section 304­-A (causing death by negligence) of the Indian Penal Code.Justice ZA Haq of the Nagpur bench repudiated the judgment acquitting the accused passed by...

Child Is Necessary Party To The Application By Father Seeking DNA Test: Kerala HC [Read Judgment]

“The court cannot direct DNA or any such test without hearing the person affected irrespective of the fact whether he is a minor or major. If such person is a minor, he should be heard through the guardian.”The Kerala High Court has held that a DNA test cannot be ordered without hearing the person affected, irrespective of the fact whether he is a minor or major.A man had approached...

Calcutta HC Stays Criminal Proceedings Against Police Constable For 8 Weeks To Enable Him File Writ Petition In SC Without Fear Of Arrest [Read Order]

The vacation bench presided by Justice Protik Prakash Banerjee of Calcutta High Court encountered a curious petition filed by a police officer accused of corruption, who was earlier denied anticipatory bail by a division bench of the high court.On October 11, Sujit Mondal, had filed anticipatory bail application before the high court, citing a Supreme Court order that granted interim relief...

Supporting ISIS Ideology Does Not Amount To Waging War Against Asiatic Ally Of India : Kerala HC [Read Judgment]

"Supporting an ideology of a banned organization of course is different from waging a war or attempting to wage a war or abetting to wage a war", observed the High CourtHolding that supporting the ideology of Islamic State of Iraq and Syria(ISIS) will not amount to waging war against Government of an Asiatic power in alliance with India, the High Court of Kerala set aside the conviction of...

Kerala HC Refuses Bail To Accused Involved In Violent Protests Against Women Entry In Sabarimala [Read Order]

The High Court of Kerala today dismissed the bail application of a person accused of indulging in rioting and vandalism during protests against women entry in Sabarimala temple following the judgment of the Supreme Court. While dismissing the bail application, Justice Sunil Thomas observed that there was prima facie material to connect the accused to the crime.The accused was...

Himachal Pradesh HC Directs State To Ensure That No Sale Of Loose Cigarette And Bidis Takes Place [Read Judgment]

‘The State Act of 2016 was brought into force only during the pendency of this petition and the same needs to be implemented in letter and spirit.’The Himachal Pradesh High Court has directed the state to ensure that no sale of loose cigarette/bidis/prohibited articles shall be allowed to be carried out, more specifically within the radius of 100 metres of educational institutions.Suo...

NCTE Is The Authority For Declaring Equivalence Of Courses With Eligibility Criteria For Appointment Of Teachers: Delhi HC [Read Order]

The Delhi High Court recently recognised the National Council for Teacher Education (NCTE) as being the authority for declaring the equivalence of courses undertaken by candidates with the educational qualification prescribed by the eligibility criteria for appointment as teachers.The order was passed by a Bench comprising Justice Vipin Sanghi and Justice AK Chawla on a petition filed by...

Hear The Alleged Wilful Defaulter’s Side Before Taking Any “Drastic Measure”: Allahabad HC Directs IDBI [Read Order]

The Allahabad High Court recently directed the Industrial Development Bank Of India (IDBI) to consider the representation by an alleged “wilful defaulter” before taking any “drastic steps” against him.The Bench comprising Justice B.Amit Sthalekar and Justice Rajiv Joshi ordered the bank to consider the representation by Mr. Sanjiv Aggarwal within a month, and also allow him an...

Calcutta HC Stays NUJS’s Decision To Stop Online Courses For Those Already Enrolled [Read Order]

The Calcutta High Court has stayed the notice cancelling online courses offered by the West Bengal National University of Juridical Sciences in collaboration with private parties, for students who had enrolled themselves before June 27, 2018.Justice Protik Prakash Banerjee clarified that the stay will continue for a period of two months after reopening of the court or till further...

Higher The Faith Deposed By The Society, Higher The Responsibility To Keep It: Himachal Pradesh HC Denies Bail To Rape Accused ‘Godman’ [Read Order]

“Our society has tremendous faith in religious ‘Gurus’ and they are treated by the public, equivalent to God and normally devotees submit themselves to such ‘Gurus’ unconditionally and obey their dictates like an obedient child.”While rejecting bail plea of a ‘godman’ accused in a rape case, the Himachal Pradesh High Court has observed that offence committed by a person...

Father Can File Application U/s 21 Of Domestic Violence Act Seeking Visitation Rights To Child: Bombay HC [Read Judgment]

“If it is held that the husband, in absence of any application for grant of custody can maintain his application for visitation right will advance the object of the provision.”The Bombay High Court recently upheld a lower court order that allowed an application filed by a father under Section 21 of the Domestic Violence Act, granting him visitation rights to his child.In this case, the...

Ola, Uber Not Fixing Prices In Violation Of Competition Act : Competition Commission [Read Order]

The Competition Commission of India has held that cab aggregators Ola and Uber are not indulging in price fixing in contravention of the Competition Act.On November 6, the CCI dismissed a complaint filed by Samir Agrawal, a legal practitioner, alleging that the the algorithmic pricing adopted by the aggregators takes away the liberty of individual drivers to compete with each other and...