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Delhi High Court Rejects PIL Seeking 'Reading Down' Of Preliminary Investigation Report On Air India Ahmedabad Plane Crash
The Delhi High Court on Wednesday dismissed a PIL seeking “reading down” of the preliminary investigation report on the Air India plane crash that took place in Ahmedabad on June 12 last year, claiming 270 lives. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia said that the prayer was “highly misconceived” as the doctrine of reading down is applied...
Kerala High Court Grants Leave To Advocates' Association To Seek Review Of Mandatory SHO Verification In Bank Account Defreezing Cases
The Kerala High Court on Wednesday (25 February) granted leave to the Kerala High Court Advocates' Association (KHCAA) to file a review petition challenging a recent High Court direction that mandates police verification of petitioners in cases seeking defreezing of bank accounts.The division bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M allowed the...
Madras High Court Upholds ₹5 Lakh Penalty On SI For Police Brutality, Notes Her "Arrogance" In Not Filing Counter Before Human Rights Body
The Madras High Court recently refused to interfere with an order passed by the State Human Rights Commission of Tamil Nadu directing as Sub Inspector of Police to pay Rs 5 Lakh as compensation for custodial torture committed by her against a woman. The bench of Justice Anita Sumanth and Justice Mummineni Sudheer Kumar also took note of the “arrogance” of the officer in not...
Supreme Court Deprecates High Courts Granting Interim Relief While Declining Writ Petitions To Avail Alternate Remedies
The Supreme Court has deprecated the practice of High Courts granting interim stay orders after declining to entertain the writ petitions to enable the party to avail alternative remedy, calling it a self-contradictory approach that defeats the purpose of judicial discipline. A Bench comprising Justice Dipankar Datta and Justice Satish Chandra Sharma made a parting observation while hearing...
Fabricated Case, Co-Accused Acquitted; Not A Single Call To Link Me To Victim: Asaram Tells Rajasthan High Court In Rape Case
In an appeal arising out of the conviction of self-styled godman Asaram, the defence challenged the credibility of the prosecution witnesses, particularly the parents of the prosecutrix, contending that their testimonies were riddled with contradictions, embellishments and demonstrably false claims which strike at the root of the prosecution's case.Counsel argued that the parents were fully...
'What Is The Judicially Manageable Standard?': Delhi High Court Questions PIL Challenging Rajya Sabha Nomination Of C Sadanandan Master
The Delhi High Court on Wednesday questioned a public interest litigation filed against nomination of veteran BJP leader C Sadanandan Master to the Rajya Sabha, alleging that he lacks demonstrable special knowledge or practical experience as required in law. A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia asked if there is any judicially manageable standard...
Dying Declaration Proves Assailant, Not Intention To Kill: Gujarat High Court Converts Murder Conviction To Culpable Homicide
The Gujarat High Court modified a murder conviction into culpable homicide not amounting to murder, holding that although the dying declaration established the accused's role in causing injuries, the overall circumstances reflected absence of intention to kill.Allowing the appeal partly, the Division Bench of Justice Ilesh Vora and Justice R.T. Vacchani specifically observed:“While the...
Supreme Court Stays Criminal Proceedings Against Jharkhand CM Hemant Soren Over Alleged Skipping Of ED Summons
The Supreme Court today(February 25) stayed the criminal proceedings initiated by the Enforcement Directorate against Chief Minister of Jharkhand Hemant Soren over alleged willful disobedience of summons issued under the Prevention of Money Laundering Act. A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi stayed the proceedings (Complaint Case No.3952 of...
Supreme Court Rejects Plea Against Film “Yadav Ji Ki Love Story”, Says Title Does Not Portray Community Negatively
The Supreme Court today dismissed a writ petition seeking a stay on release of the film “Yadav Ji ki Love Story”, holding that the title of the movie does not portray the Yadav community in a negative manner.A bench of Justice BV Nagarathna and Justice Ujjal Bhuyan noted that the title did not contain any adjective or word that attached any negative meaning to the community.“We fail...
Kerala High Court Grants Bail To Alleged LTTE Operative In NIA Terror Funding Case After Four Years in Custody
The Kerala High Court on Tuesday (24 February) granted bail to an alleged LTTE Operative who attempted to revive the Liberation Tigers of Tamil Eelam (LTTE), for the purpose of waging war against Sri Lanka, citing prolonged incarceration and the constitutional right to a speedy trial.A Division Bench comprising Justice Susrut Arvind Dharmadhikari and Justice P V Balakrishnan allowed the...