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'Glaring Case Of State Apathy': Gujarat High Court Rejects Appeal Filed With 837-Days Delay, Warns Officers Against Unproductive Litigation
The Gujarat High Court issued a stern warning to the State officers and directed the Government Pleader to instruct all Assistant Government Pleaders to remain attentive while drafting delay condonation applications, after finding that an appeal was filed with an unexplained delay of 837 days contrary to the State Litigation Policy.The Court was hearing an application seeking to condone delay...
Punjab & Haryana High Court Seeks Explanation From Judge Over Delay In Trial; Summons Public Prosecutor, District Attorney
The Punjab and Haryana High Court has expressed strong displeasure over a five-year delay in framing of charges in a criminal case, observing that both the trial court and the prosecution appeared to be “highly negligent” in performing their duties.The Court was informed during the course of arguments that the challan in the case had been presented on 31.07.2021 and that, since then,...
Calcutta High Court Refuses Probate Of 2001 Will, Cites Contradictory Witness Testimony; Due Execution Not Proved Under Succession Act
The Calcutta High Court has refused to grant probate of a 2001 Will in a contentious family dispute, holding that the propounder failed to prove its due execution in the manner mandated under Section 63 of the Indian Succession Act and Section 68 of the Evidence Act. Delivering judgment in a testamentary suit, Justice Sugato Majumdar observed that when suspicious circumstances surround...
Orissa High Court Directs DGP & Home Department To Train Police Officers To Mandatorily Provide Written Grounds To Arrestees
The Orissa High Court has raised concerns about repeated cases of non-compliance of mandatory constitutional as well as procedural requirements, under Article 22(1) of the Constitution and Section 47 of the Bharatiya Nagarik Suraksha Sanhita (akin to Section 50, CrPC) respectively, by police officers to provide grounds of arrest while arresting any person.A Bench of Justice Gourishankar...
Compassionate Assistance To Govt Employee's Family Deductible From Motor Accident Compensation: Supreme Court
The Supreme Court has reaffirmed that the compassionate assistance received by a dependent of a deceased employee would be liable to be deductible from the compensation received under the Motor Vehicles Act. Referring to Haryana Compassionate Assistance to Dependents of Deceased Government Employees Rules, 2006 (“Rules”), a bench of Justices Sanjay Karol and Augustine George Masih...
Re-Testing Of NDPS Samples Cannot Be Allowed Routinely, Haphazardly Importing Rights From Other Statutes Impermissible: J&K&L High Court
The Jammu and Kashmir and Ladakh High Court has held that Re-testing may be an important right of an accused, but its mechanical and haphazard import from other legislations without the accompanying statutory restrictions is impermissible.The court underscored that under the NDPS Act, re-testing cannot be permitted as a matter of routine and is strictly barred in the absence of compelling...
Blacklisting Contractor Has Civil Consequences, Mandatory Debarment Procedure Can't Be Bypassed: Calcutta High Court
Observing that blacklisting of a contractor has serious civil consequences and must strictly follow the prescribed statutory procedure, the Calcutta High Court set aside a six-month debarment imposed by a Panchayat Samiti, holding that the action was taken in breach of both the Standard Bid Document and principles of natural justice. Justice Kausik Chanda ruled that the multi-stage mechanism...
No Requirement To Take Signature Of Accused On Record Of Test Identification Parade: Karnataka High Court
The Karnataka High Court has observed that there is no mandate to take signature of the accused on the record of the test identification parade conducted in respect of an offence. The Court was hearing a man's bail plea booked for offence under Section 311 (robbery, dacoity with attempt to cause grievous hurt) BNS. The prosecution had alleged that when the complainant was walking on a road,...
'Kerala Doesn't Have Dignity As Such, Dignity Is Of India': Kerala Story 2 Producer To High Court
Producer of The Kerala Story 2: Goes Beyond has objected to the locus standi of the petitioners who have moved pleas before the Kerala High Court challenging the censor certification granted to the film, over alleged defamation of the State.The senior counsel appearing for the producer submitted before Justice Bechu Kurian Thomas that the pleas are in the nature of public interest and...
“Sending Appellant To Jail After 42 Years Not Expedient”: Calcutta High Court Releases Essential Commodities Act Convict On Probation
Holding that sending a man to jail more than four decades after the alleged offence would serve no meaningful purpose, the Calcutta High Court released an Essential Commodities Act convict on probation while upholding his conviction. Justice Ananya Bandyopadhyay observed that requiring the appellant to undergo imprisonment at this stage, nearly 42 years after the incident, would not...
Procedural Lapse By ICC Can't Extinguish Sexual Harassment Complaint: Gauhati High Court Orders Fresh Inquiry Under POSH
The Gauhati High Court has held that procedural lapses or inaction on the part of an Internal Complaints Committee (ICC) cannot defeat an aggrieved woman's substantive statutory right to seek redress under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act). Dismissing a challenge to the revival of ICC proceedings, Justice Devashis Baruah...