Disproportionate Assets Case: Delhi High Court Stays Lokpal Proceedings Initiated Against Jharkhand Mukti Morcha Chief Shibu Soren

The Delhi High Court on Monday stayed the proceedings initiated by Lokpal of India under the provisions of the Lokpal & Lokayuktas Act, 2013 against Jharkhand Mukti Morcha (JMM) Chief and Rajya Sabha MP Shibu Soren in connection with a disproportionate assets case. Justice Yashwant Varma passed the order on Soren's plea challenging the validity of the said proceedings, claiming that the...

Karnataka High Court Refuses To Quash FIR Against Doctor Accused Of Forcefully Performing Sex Change Operation On Minor

The Karnataka High Court has refused to quash the FIR and chargesheet filed against a doctor under POCSO Act for allegedly conducting a forcible sex change operation on a minor boy, after kidnapping him. A single judge bench of Justice Suraj Govindaraj dismissed the petition filed by Dr. Anitha Patil seeking to quash the FIR registered against her in February 2018 and the chargesheet...

Order XVI Rule 1 CPC Confers Wider Jurisdiction To Cater A Situation Where Party Failed To Name A Witness: J&K&L High Court

The Jammu and Kashmir and Ladakh High Court ruled that Sub-rule (3) of Rule 1 of Order XVI CPC confers a wider jurisdiction on the Court to cater to a situation where the party has failed to name the witness in the list or the party is unable to produce him or her on his own under Rule 1A and in such a situation, the party out of necessity may seek the assistance of the Court under sub-rule...

Madhya Pradesh High Court Directs Murder Accused To Install Water Harvesting System At His Residence As Condition For Bail

The Madhya Pradesh High Court, Gwalior Bench recently allowed the bail application of a murder accused with one of the conditions being that he installs water recharge/ harvesting system at his residence. The bench comprising Justice Anand Pathak expects that such direction would create an atmosphere of awareness among the public about water conservation- This direction is being...

Assistant Prof Appointment | Teaching Experience & Research Aptitude Relevant Only For Shortlisting Candidates; Selection To Be Based On Interview: Kerala HC

The Kerala High Court recently set aside an order issued by the Mahatma Gandhi University in October 2021 for appointment of assistant professors, insofar as it relates to teaching and research aptitude as interview selection criteria.A division bench consisting of Justice P.S Suresh Kumar and Justice C.S. Sudha observed that the University Order is contrary to UGC Regulations on...

Manual Scavenging: Delhi High Court Takes Suo Motu Cognizance Of Reports About Two Deaths Due To Inhalation Of Toxic Sewer Fumes

The Delhi High Court on Monday took suo motu cognizance of a news report stating that two men had died last week in city's Mundka area after they inhaled toxic gases inside a sewer. A division bench comprising of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notice to the Municipal Corporation of Delhi (MCD), Chief Secretary of the Delhi Government and Delhi Jal...

Transplantation Of Human Organs & Tissues Act No Bar To Enquiry For Professional Misconduct Under IMC Ethics Regulations 2002

The Kerala High Court recently considered the question of whether an authority under the Indian Medical Council (Professional conduct, Etiquette and Ethics) Regulations, 2002 is empowered to issue notice and conduct enquiry on a complaint regarding alleged misconduct in transplantation of human organs, since the latter is governed by the Transplantation of Human Organs and Tissues Act, 1994,...

Orissa High Court Upholds Conviction Of Accused Basing Upon Testimony Of 'Injured Witness' In 22 Yrs Old Murder Case

The Orissa High Court has upheld the conviction of three persons charged with murder and the ensuing life sentence awarded to them in a '22-year-old' case. While affirming the said conviction, a Division Bench of Chief Justice Dr. S. Muralidhar and Justice Chittaranjan Dash considerably relied on the testimony of an 'injured witness' and held, "Having carefully examined the evidence...

S.37 Odisha Prevention Of Land Fragmentation Act | Tahasildar Can't Modify Record Of Rights Against Direction Of Revisional Authority: High Court

The Orissa High Court has recently held that a Tahasildar cannot modify or improve upon the Records of Rights ('ROR') going against the directions of the revisional authority under Section 37 of the Odisha Consolidation of Holdings and Prevention of Fragmentation of Land Act, 1972 ('O.C.H. & P.F.L. Act'). While setting aside such a deviation, a Single Judge Bench of Justice...

Mutation Entry In Revenue Records Neither Creates Nor Extinguishes Title To Property: Uttarakhand High Court

The Uttarakhand High Court has reiterated that mutation of property in revenue records neither creates nor extinguishes title to the property nor has it any presumptive value on title.The observation came from Justice Manoj Kumar Tiwari:"Thus, mutation of name in respect of agricultural land does not create or extinguish title nor has it any presumptive value on title. It only enables the...

Morals & Ethics Can't Form Basis For Conviction Under Prevention Of Corruption Act, Proof Of Demand & Acceptance Of Bribe Mandatory: Bombay HC

The Bombay High Court has held that a person cannot be convicted under the Prevention of Corruption Act, 1988 (POCA) on the basis of morals and ethics. The basic requirement of demand and acceptance of bribe must be proven by the prosecution beyond reasonable doubt.Justice S. D. Kulkarni overturned the conviction in a criminal appeal observing – The corruption is spreading like cancer in...

Killing Someone On Sudden Quarrel & Under Involuntary Intoxication Amounts To Culpable Homicide Not Amounting To Murder: Telangana High Court

In a recent case, the Telangana High Court altered the conviction of an accused from punishment of Murder under Section 302 IPC to Culpable Homicide not amounting to murder under Section 304 Part II of IPC as from the record of prosecution, the offence was committed in a heat of sudden passion in highly inebriated (involuntary) stage.A bench of Justice A. Venkateshwara Reddy and Justice...