Private Colleges Cannot Withhold Student’s Certificates For Payment Of Amount: Kerala HC [Read Judgment]

In a significant judgement, the , has held that private self financing Colleges cannot withhold certificates of students, for payment of amount. The practise of withholding the certificates, and non-issuance of transfer certificate to students, to coerce them into meeting unconscionable demands like paying entire course fee for leaving the course midway, or to force them to serve the...

Ask Embassies To Inform Foreign Nationals To Be Aware Of Indian Laws: Delhi HC To Centre [Read Judgment]

The High Court of Delhi has asked the Ministry of External Affairs to inform the Embassies and High Commissions in Delhi that their citizens should be well aware of the local laws in order to avoid inadvertent violations.“Having regard to frequency of registration of such cases as at hand, it will be in the fitness of things that the Ministry of External Affairs sends a communication to...

Bombay HC Tells Excise Dept To Refund Excessive Fine Imposed 19 Years Ago For Transfer Of Liquor License [Read Judgment]

The Bombay High Court has decided to interfere in an order passed almost 19 years ago on November 26, 1998, wherein BN Sanas Company Pvt Ltd, which runs a liquor shop in the name of Nupur Wines in Pune, was asked to pay Rs. 1.5 lakh as composition fee for license transfer.Justice Anoop Mohta passed this order after this matter was listed for final hearing during vacations.BN Sanas Company Pvt...

Himachal Pradesh HC Slams Magistrate Who Gave Bail 4 Days After HC Rejection [Read Judgment]

It is necessary for each lower tier to accept loyally the decisions of the higher tier, the court said.The Himachal Pradesh High Court has come down heavily on a magistrate, who within four days of the rejection of bail application by the high court, granted bail to the accused.The court observed that, even without making a reference to the orders passed by the high court, the bail was granted...

Delhi HC Upholds Step-Father’s Conviction And Sentence For Raping 8 Year Old Girl [Read Judgment]

The High Court of Delhi on Thursday upheld the conviction and sentence of a man convicted for raping his 8 year old step-daughter.Justice Mukta Gupta dismissed the Appeal filed by the accused- Deepak, who had challenged his conviction for offences under Sections 363 (punishment for kidnapping), 342 (punishment for wrongful confinement), 376(2) (Punishment for rape of woman under 12 years of...

CIC Slaps ASI Officials With Maximum Penalty For Denying Information On Illegal Constructions Near Taj Mahal [Read Order]

The Central Information Commissioner recently imposed maximum penalty of Rs. 25,000 on two officials of the Archaeological Survey of India (ASI) for failing to provide information about illegal constructions in the prohibited area around Taj Mahal.“When 500 meters area was demarcated for the purposes of protection of the historic monument, the concerned agency ASI is expected to have...

Kerala HC Sets Aside Decision To Increase District Judges’ Cadre Strength [Read Judgment]

The High Court of Kerala has set aside the decision of its administrative committee to increase the cadre strength of district and sessions judges in the state.Justice PV Asha passed the judgment on a batch of petitions preferred by various judicial officers challenging the decision of administrative committee in this regard.Referring to VS Sunilkumar vs State of Kerala case, the court...

Dowry Death: Section 304B IPC Does Not Contemplate Harassment Minutes Or Hours Before Death: Delhi HC

The High Court of Delhi recently refused to set aside the conviction of a man in a case of dowry death merely on the ground that no harassment had occurred right before the incident.“Section 304B IPC does not contemplate that the harassment should be within minutes or hours or few days of the time since death but a reasonable period prior to the death when deceased is subjected to cruelty...

High Courts Weekly Round-Up

Allahabad High CourtWhile quashing a complaint against a surgeon the Allahabad High Court held that doctors can't be prosecuted for medical negligence merely for not delivering 'Assurances'Bombay High courtThe Bombay High Court had, on May 4, while upholding the trial court's sentence awarding life imprisonment to 12 accused in the Gujarat gangrape case, had set aside the acquittal of...

Bombay HC Dismisses Review Plea By Man Told To Pay More Maintenance To Ex-Wife, Kids [Read Order]

The Bombay High Court has dismissed a petition filed in review of an order dated November 28, 2016, wherein maintenance payable to one Rupal Doshi and her two children was enhanced to Rs. 25,000 from Rs. 7,000.The marriage between Rupal and her former husband Mayur was dissolved by a decree of the family court in 2010 and maintenance of Rs. 7,000 was granted.A division bench of Justice VM...

RTI Act Cannot Be Invoked When Alternate Remedies Available: Madras HC [Read Judgment]

Madurai Bench of the High Court of Madras has held that the Right to Information (RTI) Act, 2005 cannot be invoked at the first instance, if an effective alternative remedy is available to obtain such information.“Although the learned counsel appearing for the petitioner has elaborately made his submission and taken this Court through the Scheme of RTI Act, particularly, Sections 4, 8 and 22...

Punjab & Haryana HC Rejects Challenge Against Minimum Age Condition In NEET [Read Order]

The Punjab and Haryana High Court has dismissed a plea challenging the minimum age criteria to participate in NEET.According to the criteria, the candidate must have completed age of 17 years at the time of admission or will complete the age on or before December 31, 2017, i.e., the year of his/her admission to the 1st year M.B.B.S./B.D.S. course.Kuldeep Singh Malik had challenged the...