NALSA's Scheme For Undertrial Prisoners Cannot Take Away Court's Discretion To Grant Or Refuse Bail: Bombay High Court

The Bombay High Court held that the NALSA’s scheme for release of undertrial prisoners is meant to bring the attention of the stakeholders i.e., courts, to the undertrial persons languishing in jail, but it cannot override the court’s discretion to grant or refuse bail to such prisoners on merits.Justice S. M. Modak, while denying bail to a murder accused, observed that nothing can take...

S.243 CrPC | Trial Court Bound To Issue Process To Witness Proposed By Accused Unless It Is Attempt To Defeat Ends Of Justice: Kerala High Court

The Kerala High Court recently set aside the order of a Trial Court that rejected the prayer for summoning a witness cited by the accused, where there was nothing to indicate that the accused had attempted to defeat the ends of justice through seeking the examination of such proposed witness. "Unless it is established that the application to summon a witness is made for vexation or delay or...

Kerala High Court Permits Ailing PFI General Secretary to Appear Through VC In Cases Related To Flash Hartal

The Kerala High Court on Monday directed that video conferencing be arranged for the appearance of A Abdul Satar, the general secretary of the Popular Front of India (PFI) before various courts in the cases connected to the flash hartal organised by PFI last year. The court took note of the submission of his counsel that he is suffering from various ailments. The state attorney informed the...

Madras High Court Dismisses Youtuber Savukku Shankar's Plea To Donate Books To Prisoners

The Madras High Court has dismissed a petition filed by YouTuber Shankar @ Savukku Shankar challenging the Director General of Prisons' refusal to accept book donations made by him. After noting that the petitioner himself has not read the books, Justice CV Karthikeyan dismissed the plea on the ground that the petitioner failed to explain how the books would be useful for the prisoners....

Can’t Direct CAG To Conduct Special Audit Of Finances Of Delhi Sikh Gurdwara Management Committee: High Court Rejects PIL

The Delhi High Court Monday dismissed a public interest litigation seeking direction for a “special audit” of Delhi Sikh Gurdwara Management Committee and Guru Harkrishan Public School Society by Comptroller and Auditor General of India (CAG).A division bench of Justice Manmohan and Justice Saurabh Banerjee observed that the PIL is not maintainable as there is already an applicable law...

Virtual Dispute Resolution First Be Used For Commercial Matters Where Extreme Emotions Aren’t Involved: Bombay High Court's Justice Nitin Jamdar

A training session for judicial officers in Maharashtra on virtual dispute resolution was organised by the Maharashtra State Legal Services Authority (‘MSLSA’), Main Mediation Centre (‘MMC’) of the Bombay High Court and Presolv360, on Sunday.The session was attended by around 2,000 judicial officers and 200 advocate mediators from across the State of Maharashtra, the MSLSA said....

102 Yrs Old Freedom Fighter To Get Pension Arrears After Karnataka High Court Intervenes

The Karnataka High Court has come to the aid of 102 years old Freedom Fighter and has directed the Ministry of Home Affairs to pay arrears of pension which were withheld for a year as he was unable to submit the Life Certificate to the bank.A single judge bench of Justice M Nagaprasanna said “Ebbing mental prowess and physical incapacity due to age was one of the prime reasons why...

Delhi Govt’s Decision To Cap Number Of Visits By Family Members, Legal Advisers With Prisoners Not Arbitrary: High Court

The Delhi High Court has said that Delhi Government's decision to restrict the total number of visits by family members, relatives, friends and legal advisers with jail inmates to two times a week, keeping in view the number of undertrials and prisoners, cannot be said to be arbitrary. A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that the...

Huge Delay In Trial, Only 2 Witnesses Examined So Far: Delhi Riots Accused Shahrukh Pathan To High Court In Bail Hearing

Shahrukh Pathan, the man who pointed a gun at a policeman during 2020 North-East Delhi riots, Monday told Delhi High Court that there is a huge delay in conclusion of the trial and that only two witnesses have been examined so far over a period of one year and three months. Justice Dinesh Kumar Sharma was hearing Pathan’s bail plea in a case related to rioting and causing injuries to...

Every Instance Of Casual Police Enquiry Cannot Be Termed As Human Rights Violation: Madras High Court

The Madras High Court has recently observed that though there are instances of human rights violation in police stations, every instance of casual police enquiry cannot be termed as a Human Rights Violation.The bench of Justice VM Velumani and Justice R Hemalatha noted that accusing police officers of human rights violation at the drop of a hat may be demoralising for the entire...

Hopcoms Building Outside Cubbon Park; Karnataka High Court Permits Operations For Now

The Karnataka High Court on Monday accepted a survey report carried out by City Survey Department which noted that building constructed by Karnataka Pradesh Krishik Samaj (for short, ‘Krishik Samaj’), popularly known as Hopcoms building is outside the purview of Cubbon Park and thus it permitted the Samaj to use the building to provide assistance to farmers. A division bench of...

Jammu & Kashmir & Ladakh High Court Weekly Round-Up: February 13 To February 19, 2023

Nominal IndexTajinder Singh alias Happy Vs UT of J&K & Ors 2023 LiveLaw (JKL) 22Abdul Rashid Vs UT of J&K 2023 LiveLaw (JKL) 23Prof S K Bhalla Vs Haq Nawaz Nehru 2023 LiveLaw (JKL) 24Gopal Krishan & Ors Vs UT of J&K 2023 LiveLaw (JKL) 25Parwez Samuel Koul & Ors Vs UT of J&K 2023 LiveLaw (JKL) 26Santosh Kumar & Ors Vs Kuldeep Singh and another 2023 LiveLaw...