News Updates
May Not Be Possible To Use Garian Land For Rehabilitation Of Those Affected By Koyna Dam Project: Bombay High Court
The Bombay High Court on Thursday observed that Gairan land cannot be allotted for private purposes and it may not be possible to use them for rehabilitation of project-affected persons of Koyna Dam in Satara district.A division bench of Acting Chief Justice S. V. Gangapurwala and Justice Santosh Chapalgaonkar was responding to suggestions of the amicus curiae in a suo motu PIL. According to...
S.33(5) POCSO Act | Child Witness Can Be Recalled For Just Decision Of Case; Bar On Special Courts Not Absolute: Kerala High Court
The Kerala High Court on Monday observed that the statutory bar imposed on Special Courts by Section 33(5) of the Protection of Children from Sexual Offences Act, 2012 (hereinafter referred to as 'POCSO Act') to ensure that a child is not repeatedly called to to testify in the court is not absolute. Justice Kauser Edappagath observed,"The bar under Section 33(5) of POCSO Act is not absolute....
Pilibhit 'Fake' Encounter 1991| Police Can't Kill Accused Merely Because He Is A Dreaded Criminal: Allahabad High Court
While convicting 43 Uttar Police Personnel under Section 304 Part I IPC in connection with the 1991 Pilibhit Encounter case, the Allahabad High Court today sternly remarked that the police officers can't kill an accused merely because he/she is a dreaded criminal."It is not the duty of the police officers to kill the accused merely because he/she is a dreaded criminal. Undoubtedly, the...
Person Driving Vehicle Rashly With 'Knowledge' That It Would Cause Death By Accident Can Be Prosecuted U/S 304 (II) IPC: Calcutta High Court
The Calcutta High Court on Wednesday declined to quash proceedings under Section 304 Part II of the Indian Penal Code (IPC) in a motor accident case finding that the case was still at its investigation stage and that it was likely that the petitioner had "knowledge" that his reckless driving would lead to a fatal accident. Justice Bibek Chaudhuri pointed out that it was found from the...
Pilibhit Encounter 1991| "They Exceeded Power Given By Law": Allahabad High Court Convicts 43 Cops U/S 304 Part I IPC
The Allahabad High Court today convicted 43 Uttar Police Personnel under Section 304 Part I IPC in connection with the 1991 Pilibhit Encounter case wherein 10 Sikhs were killed treating them to be terrorists in an alleged fake encounter."It is not the duty of the police officers to kill the accused merely because he/she is a dreaded criminal. Undoubtedly, the police have to arrest the accused...
'Delhi Govt Ought Not Resile From Clear Announcement Of 1 Crore Ex-Gratia': High Court On Plea Of Constable's Wife Who Died Of COVID-19
While hearing a plea moved by the wife of a constable who was the first policeman to die on duty during the first wave of COVID-19, the High Court has said that the Delhi Government "ought not to resile from the clear announcement made" for ex-gratia payment of Rs. 1 crore and that the compensation due to the widow can no longer be delayed.The petitioner was was expecting her child at the...
Madras HC Advocates' Association Assures High Court That Its Elections Will Be Free And Fair
Madras High Court Advocates' Association (MHAA) has informed the Madras High Court that its elections, which are scheduled to be conducted on 9th January, 2023, would be conducted in a free and fair manner.The submission was made before the bench of Justice R Mahadevan and Justice Sathya Narayana Prasad in response to a plea filed by an advocate alleging large scale irregularities in the...
Madras High Court To Decide Maintainability Of Plea Seeking Disqualification Of Governor RN Ravi
The Madras High Court on Thursday reserved orders on the maintainability of a plea by Thanthai Periyar Dravidar Kazhagam challenging the authority by which Governor RN Ravi is continuing to hold office as he has been appointed as the Chairman of the Auroville foundation.The petitioner had submitted that as per Section 13 of the Auroville Foundation Act, the Chairman was entitled to salaries...
Delhi High Court Stays Recovery Of Over ₹223 Crores Penalty Imposed On MakeMyTrip By CCI, Subject To Depositing Of 10% Of Total Amount
The Delhi High Court has stayed the recovery of Rs. 223.48 crores of penalty imposed on MakeMyTrip by Competition Commission of India (CCI) for allegedly indulging in anti-competitive practices, subject to deposit of 10% of the total penalty amount, imposed by NCLAT as a condition while admitting its appeal.MakeMyTrip had approached the NCLAT challenging the order passed by CCI. While the...
Delhi High Court Reserves Order On PIL Against Carrying Of Kirpans In Domestic Flights
The Delhi High Court on Thursday reserved its decision on a public interest litigation challenging notifications that allow Sikh passengers to carry Kirpans of specific measurements on person in domestic flights.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that it will be passing an appropriate order in the matter. "Arguments heard. Order...
Duty To Get Sale Proceeds Of Export Repatriated Doesn't Merely Arise After Expiry Of Six Months Statutory Period Under S. 18 FERA: Calcutta High Court
The Calcutta High Court has ruled that the duty to get the sale proceeds of export repatriated does not merely arise after the expiry of six months statutory period, but the last day of the sixth month from the date of export is only the outer limit and end of the timespan.Justice Rai Chattopadhyay made the observation while rejecting an argument that a company director, who had resigned...
Punjab & Haryana HC Denies Bail To Gurgaon Woman Who Filed 9 FIRs Against Different Men Alleging Sexual Offences
The Punjab and Haryana High Court has denied bail to a Gurgaon woman who lodged 9 FIRs within a span of around 14 months accusing different boys of committing sexual offences with her, purportedly to extort money from them. A single bench of Justice Ashok Kumar Verma was informed that in 3 cases, proceedings under Section 182 of IPC were initiated against her for tendering false...