Bombay HC Directs Razing of Illegal Structures on Land Reserved for Minority Community [ Read Judgment]

The Bombay High Court has directed the state government to remove the illegal structures that have been constructed on land reserved for minority community within six months.The bench of Chief Justice Manjula Chellur and Justice GS Kulkarni was hearing a PIL filed by Rehbar Foundation. The petitioners have brought to the attention of the court a notification issued by the state government in...

Bombay HC Asks State To Look For Space For Maharashtra State Human Rights Commission

The Bombay High Court today asked the state government to look for larger premises for the State Human Rights Commission.The bench of Justices VM Kanade and PR Bora were hearing a PIL filed by Naresh Gosavi pointing out problems faced by the State Human Rights Commission. Problems like inadequate staff and lack of funds for making the statutory body fully functional.Senior counsel...

Allahabad HC Upholds Detention Under NSA For ‘Cow Slaughter’ Provocation [Read Judgment]

Slaughter of cow hurts the sentiments of the Hindus which affects public order because it is likely to incite communal tension, hence, it is not merely a case of law and order but that of public order, the court said.Upholding a detention order passed against a person under the National Security Act for allegedly slaughtering cows, the Allahabad High Court has observed that slaughter of cow...

Remain ‘Alive’ While Recording Evidence, Tripura HC Tells Trial Judges [Read Judgment]

Trial judge should not remain silent but should control a criminal case by actively participating therein to find out the truth, the court said.The first bench of Tripura High Court has directed all trial judges in the state to “remain alive” at the time of recording evidence and to actively participate in the process and to control the criminal trial by such active participation to find...

Orissa HC Restrains Media From Reporting On Lady Cop’s Alleged Harassment On Court Premises [Read Judgment]

If the reputation of the lawyer community is at stake, it would definitely amount to the reputation of the judiciary as a whole being at stake, the court said.The Orissa High Court has restrained the media from further publishing or highlighting allegations pertaining to an incident which happened on the high court premises on February 7, in which a lady police officer was allegedly...

HC Can’t Discharge Functions of Appellate Authority over Decision of the Statutory Authority: MP HC

A division bench of Madhya Pradesh High Court held this court cannot sit over the decision of statutory authority and discharge the functions of an appellate authority.The petitioner instead of approaching the higher authorities straight away moved the high court to challenge the decision of the district collector pertained to construction of the panchayat building.A division bench comprising...

Bombay HC Upholds Conviction of Two for Possession of Counterfeit Currency

The Bombay High Court has upheld the conviction of two for possession of counterfeit currency. The accused were held guilty under Section 489 C of the Indian penal Code by the Additional Sessions Judge at Sewree, Mumbai.They were sentenced to suffer rigorous imprisonment of five years and a fine of Rs.5000 was imposed on them.Justice AM Badar was hearing an appeal filed by the two accused...

Every Activist Judge In India Is A Linear Descendant Of Jaiprakash Narayan: Prof. Upendra Baxi [Video]

NALSAR Lecture Series on Constitutionalism hosted its seventh speaker, Professor Upendra Baxi, who is also an Adjunct Professor at NALSAR, on the 17th of February, 2017 at the M.K. Nambyar SAARC Law Centre at NALSAR University of Law, Hyderabad. He spoke on the topic ‘Constitutionalism and Identity’. Professor Baxi recollected his previous visits to NALSAR, and termed ‘Justice City’...

Communications Made In Course Of Disciplinary Proceedings Protected By Qualified Privilege: Calcutta HC [Read Judgment]

If the plaintiff is able to establish malice on the part of the defendant in conducting an enquiry proceeding against him by issuing charge sheet, the defence of privilege will not be available to the defendant, the Court said.The Calcutta High Court has held that a charge sheet issued against an employee in a disciplinary proceedings, the enquiry report and the letter of dismissal are...

Legal Representative Can’t Challenge MACT Award After Claimant’s Death: Karnataka HC [Read Judgment]

However, the bench said if it is possible to make out the cause of death as due to personal injuries owing to accident, the wife gets a right to further prosecute the appeal.The Karnataka High Court in Hussain vs. Imtiyan Khan has held that a legal representative of a claimant cannot challenge the award and she does not inherit the right to prosecute the appeal after death of the...

Allahabad HC Strikes Down Ordinance Reserving 80% Seats For Lucknow University Graduates [Read Judgment]

The High Court of Allahabad recently struck down an Ordinance passed by Lucknow University, by which 80% seats of the LL.M. programme were reserved for law graduates of the University.“From the discussion made herein above, which is based on the aforesaid two judgments of Hon'ble Supreme Court, I have no doubt that though institutional preference, in the present case, would be permissible...

‘Regressive Laws’ Continue To Curb Freedom Of Speech & Expression In India: Amnesty Annual Report [Read Report]

In its annual State of World’s Human Rights Report for 2016-17, Amnesty International (AI) has said the authorities have used repressive laws to curb freedom of expression and to silence critics.The NGO report highlights and expresses serious concerns over burning human rights issues plaguing the nation.The report slams the repeated use of sedition laws in the country to curb freedom of...