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'Purpose Defeated': Kerala High Court Orders Discontinuation Of Kannur Corporation's 60 Year-Old-Siren Installed During Indo-Pak War
The Kerala High Court recently passed a judgment ordering the stoppage of Kannur Corporation's 60-year-old siren, which was installed in 1965 during the Indo-Pakistan war as a civil defence mechanism.The Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar V.M. was considering a public interest litigation praying to discontinue the operation of the high-intensity siren.Allowing...
Once Non-Cognizable Report Is Registered, Police Can't Lodge FIR Based On Second Complaint Without Giving Reasons: Karnataka High Court
The Karnataka High Court quashed an FIR against a man for intimidating a woman, after noting that the FIR was registered on the basis of the second complaint and not on the basis of a Non Cognizable Report registered earlier. The petitioner had challenged an FIR for the offences punishable under IPC Sections 341(wrongful restraint), 427(mischief causing damage to property amounting to ₹50)...
Supreme Court Dismisses Challenge To S.20(2)(a) BNSS Allowing Appointment Of Sessions Judge As Director Of Prosecution
The Supreme Court on Wednesday dismissed a writ petition which challenged the constitutional validity of Sections 20(2)(a) and 20(2)(b) of the Bharatiya Nagarik Suraksha Sanhita, 2023, which allowed judicial officers to be appointed as Director of Prosecution, Deputy Director of Prosecution or Assistant Director of Prosecution.A bench comprising Chief Justice of India Surya Kant, Justice...
Only Actual Custody Counts For Police Remand U/S 187 BNSS, Not Period Spent On Interim Bail: Delhi High Court
The Delhi High Court has clarified that only the period during which an accused is in actual custody can be counted for the purpose of computing the maximum permissible period of police remand under Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), and that time spent on interim bail cannot be treated as custody.Justice Prateek Jalan referred to Kerala High Court judgment...
Order 43 Rule 1(c) CPC | Appeal Maintainable Against Rejection Of Delay Condonation In Plea For Restoration Of Suit: Gujarat High Court
The Gujarat High Court has held that an appeal under Order 43 Rule 1(c) CPC is maintainable against an order rejecting condonation of delay in filing an application for restoring a suit which was dismissed for default, holding that such rejection effectively amounts to dismissal of the restoration application itself.The question involved petition was whether a Civil Miscellaneous Appeal...
Maker-Checker System Doesn't Immunise Bank Officer From Personal Liability For Illicit Transactions: Delhi High Court
The Delhi High Court has upheld the removal of an officer from the Bank of Baroda, holding that the maker–checker system is only a risk-control mechanism and does not confer immunity on an officer who initiates unauthorised or self-serving transactions.Justice Sanjeev Narula observed,“A transaction that is unauthorized, unjustified, or tainted by a conflict of interest remains...
Anna University Moves Madras High Court Against Revocation Of Ex-VC's Suspension By Governor
The Anna University, through its Registrar, has approached the Madras High Court challenging an order passed by its Chancellor (Governor) revoking the suspension of former Vice Chancellor Dr R. Velraj. Justice Dhandapani admitted the plea on Tuesday (24th February) and issued notices to the Chancellor and Velraj. The University submitted that Velraj was working as the Vice...
Litigants Can't Plead Ignorance When Judgments Are Uploaded Online: Gujarat High Court Refuses To Restore Suit Dismissed For Default
The Gujarat High Court upheld a trial court order which refused to condone delay of 14 months and 15 days to restore a civil suit which was dismissed for default, observing that litigants cannot evade responsibility by blaming their advocates claiming ignorance of court orders uploaded online in the digital era. Emphasizing the duty of litigants to remain vigilant about their own cases,...
Some Compulsory Mechanism Needed To Make People Vote, Says Supreme Court
The Supreme Court on Wednesday (February 24) orally remarked that voting might be required to make compulsory, so that more people turn up in the poll booths to exercise the valuable right of franchise.A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing petitions seeking to allow the conduct of elections even if there is only one candidate, so that...
Unregistered Nikahnama, Lack Of Marriage Photo Or Service Record Entry Can't Defeat Widow's Pension Claim: Gujarat High Court
The Gujarat High Court has held that denial of family pension on the ground that the marriage was not solemnized as it was not reflected in the employee's service records or supported by photographs is “highly improper and unjust”.In doing so the court directed the Ahmedabad Municipal Corporation to treat the petitioner as the legally wedded wife of the corporation's deceased employee...