Registration Of FIR Can’t Be Treated As Gospel Truth, Says Bombay HC; Rescues Student From Expulsion [Read Judgment]

The Bombay High Court recently held that the registration of FIR cannot be regarded as gospel truth and be a reason for expelling a student, as it is against principles of natural justice. A bench of Justice BR Gavai and Justice SK Shinde was hearing a petition filed by a 21-year-old student of Mukesh Patel School of Technology Management and Engineering College affiliated to Narsee...

Bombay HC Grants Wife Guardianship Of Husband In Comatose Condition [Read Order]

The Bombay High Court has issued a writ of mandamus declaring one Philomena Lobo as the guardian for her husband Leo Lobo, who is in a comatose condition.Apart from this, a bench of Justice SS Kemkar and Justice GS Kulkarni directed all respondent banks, financial institutes to operate or deal with the financial affairs of Leo Lobo.In support of her case, the petitioner (Philomena) submitted...

The Wire To Challenge The 'Gag Order' Against Article On Jay Amit Shah

"It goes without saying that this attempt to gag The Wire will not go unchallenged”, said the Wire Team in a press release. The online news portal 'The Wire', which published an article against BJP President Amit Shah's son Jay Amit Shah, on Monday received a communication from an Ahmadabad based lawyer  Milan S. Bhatt which states as follows;"Pending hearing and final disposal of...

Jharkhand HC Allows Termination Of 23-Week Fetus Of Minor [Read Judgment]

Jharkhand High Court has permitted the termination of a 23-week fetus of a minor girl who was raped in Jamshedpur in Jharkhand. The court directed the Rajendra Institute of Medical Sciences (RIMS) Ranchi to take steps for termination of the pregnancy while adding that the procedure must be completed taking every precautionary steps.Representing the minor girl the mother had prayed for...

Sikkim HC upholds Constitutionality of Section 6 of Delhi Special Police Establishment Act [Read Judgment]

The Sikkim High Court has recently held that the Section 6 of Delhi Special Police Establishment Act, as constitutional and valid,It also observed that the Parliament is competent to enact such a provision as stated under Entry 80 of List I-Union List, prescribing power to grant consent for the concerned State Government, to enable a member of DSPE to exercise powers and jurisdiction in any...

Detention Order Cannot Be Quashed Solely For Not Mentioning Period Of Detention: Karnataka HC (FB) [Read Judgment]

The Full Bench of Karnataka High Court has ruled that an order of detention under Karnataka Prevention of Dangerous Activities of Bootleggers, Drugs Offenders, Gamblers, Goondas, Immoral Traffic Offenders and SlumGrabbers Act, 1985 cannot be quashed per se for the reason that it does not mention the period of detention.In the absence of such a specification, Section 13 of the Act would...

Doctors Shouldn’t Be Apprehensive Of Litigation If They Work In Good Faith : Justice Devan Ramachandran

Speaking at the annual conference of the Indian Medical Association (IMA), Kerala State Branch, Justice Devan Ramachandran opined that doctors should not always be apprehensive of unnecessary litigation consequences, provided they act in good faith in the interest of patients. He was delivering his inaugural address on Sunday in Kochi on the topic ‘Medicine & Law: An Update’ in...

Order Of Maintenance Awarded Under Domestic Violence Act Cannot Be Substituted By Maintenance Under S.125 of CrPC [Read Judgment]

While examining a short question of whether the order of maintenance passed in the proceedings filed under Section 125 of CrPC is to be followed, or, whether the order of maintenance passed in the proceedings filed under Domestic Violence Act, is to be followed, the Bombay High Court has held that both stand independently of each other.Justice Shalini Phansalkar Joshi was hearing counter...

Do Not Ignore ‘Dictums’ Of Constitutional Courts: Karnataka HC Tells Government Departments [Read Order]

Otherwise the very purpose of maintaining the hierarchical judicial discipline will be lost, the Bench observed.Reprimanding a Tax authority for not following the dictum laid down in the High Court Judgment, the Karnataka High Court has observed that the judgments of Constitutional Courts have to be discussed in detail and if the Authorities below still have to take a different view in the...

‘Nokku Kooli’ Illegal, Payment For Head-load Workers Union Shall Be Made Through Bank Accounts And Aadhaar Linked PAN Card A Must: Kerala HC [Read Judgment]

Dealing with the allegation that head load workers unions were demanding ‘ nokkukooli ’ (gawking fee, the amount which private parties have to allegedly pay to trade unions, even if loading/unloading job is got done through one’s own employees or mechanical process, without relying on union workers), the Kerala High Court ruled that payments to headload workers union should only be...

“Too Harsh A Punishment”: Delhi HC Quashes Order To Cancel Hospital’s Registration For Allegedly Conducting Pre-Natal Test [Read Judgment]

The Delhi High Court recently set aside an order passed by the District Advisory Committee (DAC), which had cancelled the registration of a private hospital on allegations of conducting a pre-natal test.Justice Sanjeev Sachdeva termed the punishment too “harsh” and observed, “The action of cancellation of registration of the Hospital, which is a 100 bedded Multi Super-Speciality...

Cleaning up Of Legal Profession And Education: Madras HC’s 25 Questions To Bar Council And Others

Justice N Kirubakaran of the Madras High Court made some scathing observations against the unsavoury system in place in India where getting a law degree from “letter pad colleges” is a common practice and asked BCI on what basis it has increased number of law colleges in India which stood at 800 (in 2014) against the needed 175 colleges in 2010.The court delved in to the issue of...