PM CARES Fund Not A Fund Of Government Of India, Cannot Be Labelled ‘Public Authority’: PMO To Delhi High Court

The Prime Minister’s Office (PMO) has told the Delhi High Court that the PM CARES Fund is not a “State” under Article 12 of the Constitution of India and does not constitute as a “public authority” under Right to Information Act, 2005. The affidavit filed by the Under Secretary of PMO states that the PM CARES Fund has been set up as a Public Charitable Trust and that it is not...

'Offence Dangerous For Communal Harmony’: MP HC Denies Bail To Man Who Allegedly Raped Victim By Impersonating Himself As A Hindu

The Madhya Pradesh High Court has recently denied bail to one Hashim, who has been accused of raping a girl belonging to the Scheduled Caste (SC) community by impersonating himself as a Hindu. The bench of Justice Anil Verma also said that such offences are increasing day by day and are dangerous for communal harmony in society."Such type of offences are increasing day by day and...

Delhi High Court Asks Two Shopkeepers To Pay ₹4 Lakh In Damages To SanDisk For Selling Counterfeit MicroSDHC Cards, USB Flash Drives

Passing a permanent injunction against two shopkeepers for selling counterfeit microSDHC cards and USB flash drives under 'SanDisk' name, the Delhi High Court has held them liable to pay damages of Rs 4 Lakh to SanDisk LLC and SanDisk India Device Design Centre.Justice Sanjeev Narula in a ruling said the photographs of goods seized by the Local Commissioners from the shopkeepers in Trichy,...

Delhi Riots: Court Discharges Man Accused Of Providing Gun To Shahrukh Pathan

A Delhi Court on Monday discharged Babu Wasim, who was accused of an providing gun to Shahrukh Pathan, an accused in a Northeast Delhi riots case. The weapon was allegedly used by Pathan for firing at a policeman during the 2020 riots.Additional Sessions Judge Amitabh Rawat discharged Wasim under section 25 of Arms Act. However, charge under section 174A (non-appearance in response to...

Departmental Promotion Committee Not Convening Alone Not Special Circumstance To Confer Retrospective Promotions: Meghalaya High Court

The Meghalaya High Court on Monday held that retrospective promotions are permissible on the consideration of a special circumstance surrounding a particular case but non-sitting of "Departmental Promotion Committee” (DPC) is not a special circumstance to confer this career advancement retrospectively.The observation came from Justice H. S. Thangkhiew while hearing a plea in terms of...

Calcutta High Court Sets Aside Conviction Over Non-Recording Of Statement U/S 313 CrPC, Remands Case Back To Trial Court

Setting aside the order of conviction and sentence against all accused in a culpable homicide case on the ground that one of the accused’s statement under Section 313 of the CrPC had not been recorded, the Calcutta High Court last week remitted the matter back to the trial court.A division bench of Justice Debangsu Basak and Justice Shabbar Rashidi adopted the procedure followed by the...

Bar Council Of Kerala To Initiate Proceedings Against Advocate Saiby Jose Kidangoor On Bribery Allegations

The Bar Council of Kerala on Monday decided to initiate suo motu disciplinary proceedings against Advocate Saiby Jose Kidangoor, the President of the Kerala High Court Advocates Association, who is now facing allegations of having taken money from clients in the name of bribing judges. The Bar Council took the decision in the emergency meeting convened today. In the meeting presided over by...

Delhi Court Directs Tihar Jail Authorities To Provide Calling Facility For Five Minutes Thrice A Week To Umar Khalid, Sharjeel Imam & Others

A Delhi Court on Monday directed Tihar Jail authorities to provide inmate calling facility for five minutes thrice a week to Umar Khalid, Shifa-ur-Rehman, Sharjeel Imam, Meeran Haider, Gulfisha Fatima, Athar Khan and Tasleem Ahmed, who are accused in the larger conspiracy case concerning 2020 North-East Delhi riots. Additional Sessions Judge Amitabh Rawat said that the facility shall be...

Order XVI Rule 1 CPC | Opportunity To Examine Vital Witness Can't Be Denied Only Due To Failure To Show Reason For Omitting Name In Witness List: Bombay HC

The Bombay High Court held that failure to show reason for not including witness names in the witness list under Order XVI Rule 1(1) of CPC alone cannot be a reason to disallow the plaintiff from examining witnesses who are vital for determining the dispute.Justice Sandeep V. Marne, while upholding trial court’s order allowing the plaintiff to examine two witnesses held – “even...

Muslim Women Can Approach Family Courts For 'Khula', Self Declared Bodies Like ‘Shariat Council’ Can’t Certify Dissolution Of Marriage: Madras High Court

The Madras High Court has said that the Shariat Councils are neither courts nor arbitrators and thus they cannot pronounce or certify dissolution of marriage by Khula.Justice C Saravanan quashed a Khula certificate issued by the Shariat Council and directed a woman and her husband to approach the Tamil Nadu Legal Services Authority or a Family Court to resolve their disputes."Thus, while it...

Odisha Chief Minister Lays Foundation Stone Of High Court’s Centre For Judicial Archives

The foundation stones for the 'Centre for Judicial Archives' of Orissa High Court and High Court employees' residential complex were laid by the state Chief Minister Naveen Patnaik in the presence of Justice Vineet Saran, former Judge of the Supreme Court. Chief Justice of Orissa High Court Dr. S. Muralidhar alongwith other judges of the High Court attended the...

Courts Must Realise Their Limitations, Needless Interference In Commercial Matters Can Cause Havoc: Calcutta High Court

Observing that the State must be given a sufficient leeway in tender processes to ensure that commercial activities of the government do not come to a grinding halt, the Calcutta High Court recently cautioned writ courts from needlessly interfering in commercial matters. A division bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj said:“The Courts must realise...