High Courts
Deficiency To Prove Safe Custody And Timely Submission Of Contraband Samples Can Render Prosecution's Version Doubtful: J&K High Court
Upholding the acquittal of two individuals accused under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, the Jammu and Kashmir and Ladakh High Court has underscored the prosecution's obligation to demonstrate that the contraband was kept in safe custody and that samples were forwarded to the Forensic Science Laboratory (FSL) without delay.A bench comprising Justices...
Road Accident | No Compensation For “Future Prospects” In Case Of Child's Death: Rajasthan High Court Reiterates
Rajasthan High Court has reiterated that in case of death of a child in a motor vehicles accident, the compensation cannot be awarded for such death under the head of “future prospects”.The bench of Justice Nupur Bhati relied upon Rajendra Singh & Ors. v. National Insurance Company Ltd. in which the Supreme Court had rejected the argument of increasing the compensation awarded to...
Delhi High Court Convicts Two Men In Head Injury Case After 15 Years
The Delhi High Court has recently overturned acquittal of two men and convicted them after over 15 years for intentionally inflicting injury on a man's head with a sharp object that could have resulted in his death.Justice Neena Bansal Krishna set aside the acquittal order passed by the trial court on October 01, 2008, and convicted both the accused persons for the offences under Section...
Article 227 Should Not Be Wielded Mechanically, Interference Must Be Restricted To Cases With Grave Legal Violations: J&K High Court
Underlining the judicious exercise of powers under Article 227 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized that such powers should not be wielded mechanically.Justice Wasim Sadiq Nargal observed that powers under the article should be reserved for instances where there is an absence of evidence to justify a finding, where a finding is so perverse...
Delhi High Court Weekly Round-Up: August 19 To August 25, 2024
Citations 2024 LiveLaw (Del) 917 to 2024 LiveLaw (Del) 933NOMINAL INDEXVedanta Limited Versus ACIT 2024 LiveLaw (Del) 917 Shree Bhavani Power Projects Pvt. Ltd. Versus ITO 2024 LiveLaw (Del) 918 JagatMitra Foundation v Union of India through the Ministry of Health and Family Welfare and Ors. 2024 LiveLaw (Del) 919 SBC Minerals Pvt. Ltd. Versus Assistant Commissioner Of Income Tax 2024...
Delay In Filing Appeal, Notices Uploaded On GST Portal , Copy Not Served: Madras High Court Condones Delay
The Madras High Court has condoned the delay of 285 days in filing the appeal on the grounds that the notices were uploaded on the GST portal but no hard copy was served on the assessee.The bench of Justice Krishnan Ramasamy has observed that the delay was not wilful but due to bona fide reasons, and a reasonable cause has been shown by the petitioner for the delay. The petitioner/assessee is...
J&K Public Safety Act Cannot Be Used As Shortcut To Circumvent Due Process Established Under Code of Criminal Procedure: J&K High Court
Quashing a preventive detention order the Jammu and Kashmir and Ladakh High Court has underscored that the J&K Public Safety Act, 1978 (PSA), cannot be wielded as a shortcut by preventive detention authorities to bypass the due process established under the Code of Criminal Procedure, 1973 (CrPC).In allowing a habeas corpus plea against a detention order premised on multiple FIR's against...
Person Attempting To Commit Suicide Cannot Be Penalised In View Of Provisions Of Mental Healthcare Act: Bombay High Court
The Nagpur bench of the Bombay High Court recently granted relief to a woman constable, who was booked for committing suicide after noting that she took the extreme step under stress and thus her act is exempted from action owing to provisions of the Mental Healthcare Act, 2017.A division bench of Justices Vinay Joshi and Vrushali Joshi quashed a First Information Report (FIR) lodged against...
When Husband Chooses To Live Away From His Parents, Wife's Failure In Taking Care Of Them Does Not Amount To Cruelty: Allahabad High Court
The Allahabad High Court has held that when the husband choses to live away from his parent, mere failure in taking care of his parents does not amount to cruelty.Appellant-Husband approached the High Court against the rejection of the divorce petition by the Principal Judge, Family Court, Moradabad. Husband had filed for divorce alleging cruelty by the respondent-wife as she was not taking...
P&H High Court Strikes Down Sportsmen Recruitment Rule Restricting Eligibility For Group A, B Jobs To Only Those With Medals In Senior Categories
The Punjab & Haryana High Court has struck down the 2020 amendment to Punjab Recruitment of Sportsmen Rules restricting eligibility for Group A and B posts to those who had won medals in senior national championships or national games, thereby disqualifying athletes who had achieved success in junior categories or other recognized events.Justice Sureshwar Thakur and Justice Sudeepti...
Court's Role Under Section 11(5) Or 11(6) Of Arbitration Act Limited To Verifying Arbitration Agreement And Timely Filing: Delhi High Court
The Delhi High Court bench of Justice C. Hari Shankar has held when a Court exercises jurisdiction under Section 11(5) or Section 11(6) of the Arbitration and Conciliation Act, 1996, it has to only ensure the existence of an arbitration agreement between the parties and to confirm that the petition under these sections has been filed within three years of the service of a Section...
Punjab & Haryana HC Takes Suo Moto Cognizance Of Laxity In Obtaining DNA Profiling Results In Multiple Cases, Raises Critical Questions
The Punjab and Haryana High Court has taken suo moto cognizance of "indolent laxity" displayed by the investigating agency in obtaining the results of DNA profiling in multiple cases.Justice Harpreet Singh Brar asked, "Whether sufficient number of Forensic Science Laboratories at State and regional level have been established and adequately staffed in the States of Punjab, Haryana and...