SC/ST Act | Bail Order Passed Without Notice To Victim A Nullity, Liable To Be Recalled: Kerala HC

The Kerala High Court recently recalled an order which granted bail after taking note of the fact that the order was passed without notice to the victim.The Court allowed an application filed by the victim seeking recall of the bail order passed without hearing him.The Court observed that a notice to the victim is mandatory as contemplated under Section 15A(3) of the Scheduled Castes...

Writ Court Can’t Classify Products Under Customs Tariff Act, Technical Analysis Is Required: Calcutta High Court

The Calcutta High Court has held that a writ court cannot answer the classification of products under the Customs Tariff Act as it requires technical analysis.The single bench of Justice Md. Nizamuddin has observed that a writ court in the exercise of its constitutional writ jurisdiction under Article 226 of the Constitution of India should not act as an expert to scrutinize the composition...

Madras High Court Holds Special Saturday Sitting To Hear Case On Palani Temple Ritual Dispute

The Madras High Court on Saturday held a special sitting to hear a matter related to the dispute about the manner in which rituals are to be carried out at the Palani temple.The bench of Acting Chief Justice T Raja and Justice D Bharatha Chakravarthy recorded that the parties have arrived at a consensus.The petitioner TR Ramesh, president of Indic Collective Trust and Temple Worshippers...

[S.451 CrPC] No Need To Keep Valuable Articles In Police Custody Till Conclusion Of Trial: Gujarat High Court Reiterates

The Gujarat High Court recently reiterated that the court or police is not required to keep valuable articles in custody for years till the trial is over. Justice Ilesh J. Vora stated that if the proper panchnama before handing over possession of article is prepared, that can be used in evidence instead of its production before the Court during the trial. The Court was hearing...

Delhi Court Orders Attachment Of Hurriyat's Rajbagh Office In Srinagar

A Delhi Court has ordered attachment of All Parties Hurriyat Conference’s (APHC) office in Srinagar in a UAPA case probed by National Investigation Agency (NIA) against separatist leader Nayeem Ahmad Khan. Khan, who has been in judicial custody since August 14, 2017, has been accused of "creating unrest" in the Kashmir valley by the National Investigation Agency. He was arrested on July...

[Mohammedan Law] All Surviving Widows Of Deceased Employee Entitled To Family Pension Under Assam Services (Pension) Rules: High Court

A three judge bench of Gauhati High Court comprising then Chief Justice RM Chhaya, Justices Achintya Malla Bujor Barua and Soumitra Saikia recently held that where parties are governed by Mohammedan Law, the second wife or the further wives are entitled to the benefits of family pension under Rule 143(1) of the Pension Rules of 1969. The following issues were before the court...

Liquor Ban For A Long Period Violates Merchants' Right To Livelihood: Bombay High Court Limits Prohibition To MLC Polls Voting Day

The Bombay High Court reduced the four-day ban on liquor sale in Thane, Palghar, Raigad and Nashik districts due to Maharashtra Legislative Council graduate constituencies elections to just the day of voting observing that a longer ban would violate the merchants' right to livelihood under Article 21 of the Constitution.“Imposing a prohibitory ban for long period on merchant establishments...

Gauhati High Court 'Decourts' Lawyer Outside HC Premises Who Came To Court Wearing 'Jeans-Pant'

A lawyer who came to court wearing 'Jeans-Pant' prompted the Gauhati High Court to 'decourt' him on Friday.The Bench of Justice Kalyan Rai Surana directed the police personnel to decourt the Counsel outside the High Court campus.The Counsel was appearing in an anticipatory bail matter.The Court also ordered to bring the matter to the notice of Chief Justice, Registrar general as well of the...

[Assam Fake Encounters] Govt Taking Appropriate Action, PIL Based On Media Reports Without Verifying Complete Facts Not Maintainable: High Court

The Gauhati High Court on Friday dismissed a Public Interest Litigation pertaining to alleged ‘fake encounters’ in Assam on the ground that the statements made in the petition are primarily based on newspaper reports from different websites without any verification of complete facts. It was the plea of the petitioner that there were more than 80 fake encounters conducted by the...

Kerala High Court Notifies Uniform Procedure For Impleading Legal Heirs Of Deceased Parties

The Kerala High Court in an Official Memorandum dated 24 January 2023 has directed for the implementation of a uniform procedure to be followed while impleading the legal heirs of deceased parties. The OM issued by Registrar General reads that Chief Justice has ordered for the implementation of the Division Bench order in State of Kerala v. Govindan, in which the Court observed that:It is...

Indulging In Similar/Other Criminal Activities Reason For Bail Cancellation When Such Condition Imposed In Bail Order: Kerala HC Reiterates

The Kerala High Court recently reiterated that indulging in similar or other criminal activities would be a reason for cancellation of the bail, particularly, when there is such a condition imposed in the initial bail order. The Single Judge Bench of Justice A. Badharudeen, while dismissing a petition seeking the bail cancellation order passed by the court below to be set aside, observed,...

Justice Madan B. Lokur Visits Sanganer Open Prison In Jaipur, Admires Its Festive Atmosphere, Says It Leaves A Nice Feeling

Former judge of the Supreme Court, Justice Madan B. Lokur addressed a press conference in Jaipur on Friday, in defence of the concept of open jails, after a visit to Sanganer Open Prison in Jaipur, interacting with its inmates and family members. The Sanganer Open Prison in Jaipur, with about 400 prisoners, has been open since the 1950s, and has been the subject of several news...