HC Can’t Upset Concurrent Findings On Facts Merely Because Another View Is Possible: SC [Read Judgment]

Merely because another view is possible in exercise of the revisional jurisdiction, the High Court cannot upset the factual finding, the bench said.Setting aside a high court judgment for having exceeded its jurisdiction, the Supreme Court, in Gandhe Vijay Kumar vs Mulji @ Mulchand, reiterated that the court, while exercising revisional jurisdiction, is only expected to see only whether...

Gujarat HC Dismisses PIL Seeking Filing Of Supporting Documents Along With Election Affidavit [Read Order]

Sufficient mechanism is provided under the Representation of People Act of 1951 for challenging the election of such candidate who has given the wrong information on affidavit and for punishing such candidate, the bench said.The Gujarat High Court has dismissed a public interest litigation seeking a direction requiring contesting candidates in elections to submit documents in support of...

Bombay HC Sets Aside Conviction In 26-yr-old Murder Case [Read Judgment]

Partly allowing a criminal appeal filed by one Parshuram Shankar Kamble, the Bombay High Court has set aside his murder conviction and held him guilty under Section 304 (ii) of the Indian Penal Code (culpable homicide not amounting to murder) and sentenced him to 10 years’ imprisonment.However, Kamble’s lawyers argued that their client has already under gone the sentence awarded, as he...

Every Judge Shall Inform Convict About His Right To Appeal And To Avail Legal Assistance: Calcutta HC Issues Guidelines [Read Judgment]

The Calcutta High Court recently expressed concern over the “dismal failure in the matter of extending effective legal aid/assistance to convicts”, and made it mandatory for Judges across the State to inform convicts of their right to file an appeal and legal aid while disposing of a case.The guidelines were issued by Justice Joymalya Bagchi in an Appeal filed by one Ms. Malati Sardar...

SC To Hear PIL To Cancel Bihar CM Nitish Kumar's MLC Membership

A plea seeking cancellation of Bihar Chief Minister Nitish Kumar's membership of the state Legislative Council for allegedly concealing a pending criminal case against him will be heard by the Supreme Court.“We will look into the matter. Let us see when the matter can be listed for hearing”, a bench of Justices Justice Dipak Misra, Amitava Roy and A M Khanwilkar said after petitioner...

Hyderabad HC Allows 3-Year LLB Course Graduates To Participate In Law Clerks Recruitment [Read Order]

The Hyderabad High Court on Monday paved the way for 3-year LLB Course graduates to apply for the post of Law Clerk, directing the Registry to amend a notification which had made eligible only graduates from the 5-year law course.The Bench comprising Justice V. Ramasubramanian and Justice T. Rajani ordered the Registry to extend the last date for application, if necessary, observing that it...

SC Asks HC To Hear Plea Against Age, Height Cap Of Dahi Handi

This janmashtami, will the cap on the height of human pyramid and bar on participation of minors remain or go?Two weeks before the festival, the Supreme Court today sent back to the Bombay High Court a plea of Maharashtra government challenging its order imposing the restrictions.A bench of Justices Kurian Joseph and R Banumathi sent the matter back to the high court asking it to consider...

Punjab & Haryana HC Directs Subordinate Courts To Record Aadhaar Number Of Parties [Read Circular]

According to a communication issued by the Registrar General, the executive committee of the Punjab and Haryana High Court has directed all District and Sessions Judges in the States of Punjab, Haryana and Chandigarh to record Aadhaar numbers of the parties while entering the cases in Case Information System 2.0.The decision was made during a meeting held by the Executive Committee of the...

Reasons For Rejecting Plea For Parole & Appeal Thereafter Can’t Be Different: Bombay HC [Read Judgment]

The Bombay High Court recently allowed a writ petition filed by an inmate currently lodged in Taloja Central Prison, holding that reasons for rejecting his application for parole and the reasons for dismissing the appeal were not in consonance with each other and entirely different reasons are stated in both the orders.A bench of Justice VK Tahilramani and Justice SK Shinde directed...

Sunanda Pushkar' Son Tells Delhi HC He Wants Speedy Conclusion To Her Death Probe, Calls Swamy's PIL ‘Publicity Stunt’

Sunanda Pushkar's son Shiv Menon on Tuesday told the Delhi High Court that he wanted the probe into his mother's death to be done expeditiously, while calling BJP leader Subramanian Swamy's PIL for SIT probe a ‘publicity stunt’.Shiv Menon 's counsel Vikas Pahwa told a bench headed by Justice GS Sistani that he has been requesting the authority concerned for a speedy conclusion of...

Can Examination Of Victim As A Witness Be Deferred Till Mental Ailment Is Cured: Patna HC Refers Matter To Division Bench [Read Judgment]

The Patna High Court, in Gauri Shankar Mandal vs State of Bihar, has referred to the division bench a peculiar question with regard to examination of victims suffering from mental ailment.The issue referred is that whether just like for trial of an insane accused is concerned, the trial is to be held up till he suffers from insanity, opportunity is available to a witness deferring her/...

The Madras High Court on Monday upheld an order passed by a single Judge quashing the State Government’s order providing 85% quota in medical admissions for students from the State Board, leaving only 15% of the total seats for students from CBSE and other boards.The Bench comprising Justice Nooty Ramamohana Rao and Justice M. Dhandapani dismissed the Appeal filed by the Tamil Nadu...