S. 482 CrPC | Successive Quashing Petitions Not Maintainable On Grounds Available Earlier But Abandoned: Allahabad High Court

The Allahabad High Court today dismissed a 'third' quashing petition filed by an accused relating to the same criminal proceedings, raising a ground that was available earlier but not taken up.A bench of Justice Samit Gopal effectively ruled that successive quashing petitions u/s 482 CrPC seeking to quash criminal proceedings on grounds that were previously available are...

Allahabad High Court Upholds Retrospective Application Of Payment Of Bonus Amendment Act, 2015

The Allahabad High Court has upheld the validity of retrospective applicability of Payment of Bonus (Amendment) Act, 2015 on grounds that no new rights of the employees were being created by the amendment and it was not impairing any existing rights of the employers. The Amendment Act raises the eligibility of 'employee' under the Act from those who earned maximum of Rs. 10,000/- per month...

Delhi Court Passes Ex Parte Injunction To Block Online Reports Linking Manoj Sandesara To Sterling Biotech Case

A Delhi Court has granted an ex parte ad-interim injunction in favour of Manoj Kesarichand Sandesara restraining Google LLC, Meta platforms and john does (unknown entities) publishing further content linking him and his family to the Sterling Biotech bank fraud case. Senior Civil Judge Richa Sharma of Tis Hazari Courts directed Google LLC and Meta Platforms to de-index or de-list URLs of...

Bail Cannot Be Denied Under UAPA On Uncorroborated Approver Testimony & Telephonic Links: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that bail under the Unlawful Activities (Prevention) Act cannot be refused where the prosecution relies primarily on approver statements and uncorroborated telephonic contacts, in the absence of recovery or material establishing prima facie involvement.The Court was hearing an appeal under Section 21 of the NIA Act challenging the order...

Allahabad High Court Upholds 1999 Quadruple Murder Conviction Based On Minor Sons' Testimony Against Mother, Her 'Lover'

The Allahabad High Court on Tuesday upheld the conviction and life imprisonment sentence awarded to a man who had committed a brutal quadruple murder in 1999 along with her alleged lover (co-accused, now deceased). A bench of Justice Rajnish Kumar and Justice Zafeer Ahmad relied heavily on the 'natural' and 'consistent' testimony of 2 minor children who witnessed the crime and...

Recruitment | Challenge To Marks Barred By Constructive Res Judicata Where Party Accepts Remand On Limited Issue: Gauhati High Court

The Gauhati High Court held that where the issue of award of marks in a recruitment process had already been raised in an earlier writ proceeding but the party had settled for remand to the executive authority on a limited issue, the subsequent challenge to the marks would be barred by constructive res judicata. Chief Justice Ashutosh Kumar, presiding over the case, observed,...

South Delhi Consumer Commission Dismisses Medical Negligence Claim Against Max Hospital; Holds Insurer Liable For Deficiency Over Failure To Provide Repudiation Letter

The South Delhi District Consumer Disputes Redressal Commission, comprising Monika A. Srivastava (President) and Kiran Kaushal (Member), dismissed the complaint against Max Smart Super Speciality Hospital in relation to the allegation of medical negligence. The Commission, however, held United India Insurance Company liable for deficiency in service on account of its failure to...

Congress Leader Pawan Khera Moves Telangana High Court Seeking Anticipatory Bail In FIR By Assam CM's Wife Over Passport Row

Congress leader Pawan Khera has moved the Telangana High Court seeking anticipatory bail in an FIR filed by Assam CM Himanta Biswa Sarma's wife amid allegations related to her holding multiple passports. The matter is listed tomorrow (April 9) before Justice K Sujana. The FIR has been registered under Sections 175(false statement in connection with an election), 35, 36, 318 (Cheating),...

Bombay High Court Restrains Filmmaker Santosh Kumar From Making Defamatory Comments Against Aditya Dhar Over 'Dhurandhar' Script

In a temporary respite for Aditya Dhar, director of the recently released Bollywood film Dhurandhar, the Bombay High Court on Wednesday restrained filmmaker Santosh Kumar from making any comments regarding the film, which could be defamatory. Single-judge Justice Arif Doctor heard the brief submissions of senior advocate Dr Birendra Saraf who represented Dhar and urged the court to pass at...

Assam College Employees Act | Family Pension Available To Employees Retired/Deceased Before 2005, Subject To CPF Refund: Gauhati HC

The Gauhati High Court has held that pension and family pension under the Assam College Employees (Provincialisation) Act, 2005 extend to employees who had retired or died prior to its commencement, and that denying such benefit on the ground of “retrospective” applicability is “an absurd proposition.”Justice Rajesh Mazumdar, presiding over the case, observed, “There is no quarrel...

'Crores Of Public Money Spent': Kerala High Court Directs Audit Of Vigilance Tribunals After Noting Only 5 Cases Disposed Of Annually

The Kerala High Court has ordered the State government to conduct a performance audit of the two Vigilance Tribunals formed under the State Civil Service (Vigilance Tribunal) Rules, after noting that the maximum five cases were disposed off by the tribunal annually while the expenditure incurred exceeded Rs. 1 crore. This the court said executive must remember that public money amounting...

Merely Being Director Or MD Does Not Attract Liability Under Drug And Cosmetics Act Without Specific Allegations: J&K&L High Court

The Jammu & Kashmir and Ladakh High Court has held that merely being a Managing Director or Director of a company does not make a person liable for prosecution under the Drug and Cosmetics Act, 1940, in the absence of specific allegations ascribing a role in the commission of the offence. The Court clarified that the presumption under Section 34 of the Act arises only against the...