High Courts
Don't Disclose Sexual Assault Victim's Name, Address In Status Reports Or Documents: Delhi High Court To Police
The Delhi High Court has directed the Delhi Police to ensure that name, parentage or address of victim of sexual assault are not disclosed in the status reports or documents filed in the Court. Justice Swarana Kanta Sharma requested the Commissioner of Police to reiterate appropriate instructions to all SHOs and Investigating Officers, in strict compliance with law.While dealing with a...
Custodial Death Compensation: Kerala High Court Closes Suo Motu Case As State Finalises SOP For Collection Of Prisoners' Legal Heirs Data
The Kerala High Court on Wednesday (04 February) disposed of the suo motu proceedings on custodial deaths and compensation to the legal heirs of the deceased inmates as the State informed that the Standard operating Procedure (SOP) for collection of data has been finalised.The division bench comprising Chief Justice Soumen Sen and Justice Syam Kumar V M disposed of the petition. The Court...
'Benefit Derived Prior To Election': Karnataka High Court Overturns Disqualification Of Councillors On Ground Of Wives Winning Land Auction
The Karnataka High Court overturned the disqualification of two Belagavi Municipal Corporation Councillors who were disqualified on the ground that they had failed to disclose that their wives had succeeded in an auction of leasehold rights in respect of properties constructed by Public Works Department.In doing so the court observed that the leasehold auction had happened prior to when...
Not Being Named In FIR Inconsequential If Financial Links Show Active Involvement In NDPS Offence: Delhi High Court
The Delhi High Court has held that the fact that an accused is not named in the FIR is not decisive at the stage of bail if the investigation reveals financial transactions establishing active coordination and involvement in an offence under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.Justice Saurabh Banerjee made the observation while considering a case relating to the...
Consensual Romantic Relationship With Minor Near 18 Years Can Be Considered For Bail In POCSO Case: Delhi High Court
The Delhi High Court has granted bail to a man accused in a case under the Protection of Children from Sexual Offences (POCSO) Act, observing that while consent of a minor has no legal value, the romantic nature of the relationship and the prosecutrix's age being close to 18 years are relevant considerations at the stage of bail.Justice Vikas Mahajan allowed the bail application filed by...
'Not Passing Contempt Orders Being Perceived As Weakness': Jharkhand HC Bars Use Of Ranchi Terminal Market Yard For Election Purposes
The Jharkhand High Court has reiterated that the Terminal Market Yard premises at Pandra, Ranchi, shall not be used for any election-related purposes, and warned that officers would be held responsible in the event of any breach of the Court's directions.A Division Bench comprising Chief Justice M. S. Sonak and Justice Rajesh Shankar was hearing a public interest litigation raising...
Education Not Charity Alone; Private Unaided Institutions Entitled To Reasonable Returns: J&K&L High Court
Observing that commercialisation and profiteering do not completely rule out the element of creating surplus for future activities or earning reasonable returns on investments, the Jammu & Kashmir and Ladakh High Court has recently clarified the constitutional position of private unaided educational institutions in the contemporary education system.A Division Bench of Justice Sanjeev...
Ensure Continuous Drinking Water Supply To Residents Of West Kochi: Kerala High Court
The Kerala High Court recently considered a public interest litigation filed by a resident of the western side of Kochi highlighting the acute shortage of drinking water in the area.The PIL sought directions from the Court to the Chairman/Additional Secretary of Water Resources, the Chief Engineer as well as the Assistant Executive Engineer of the Kerala Water Authority to ensure proper supply...
After Allowing Employee To Serve for 25 Years, State Cannot Cry 'Illegal Appointment: J&K&L High Court Upholds Retiral Benefits
Holding that the State cannot wake up after decades to question the legality of an employee's appointment, the High Court of Jammu & Kashmir and Ladakh has ruled that having allowed an employee to serve for nearly 25 years, it is far too late for the authorities to contend that his appointment was illegal.The Division Bench of Chief Justice Arun Palli and Justice Rajnesh Oswal...
Elective Nature Of Surgery Doesn't Bar Interim Bail On Medical Grounds: Delhi High Court
The Delhi High Court has held that the elective or non-emergency nature of a medical procedure cannot by itself be ground to deny interim bail to an accused, particularly where the ailment causes continuing pain and requires timely surgical intervention.Justice Girish Kathpalia made the observation while dealing with an application moved by an accused booked under the Maharashtra Control...
“Systemic Failure”: Delhi High Court Flags 13-Year Delay In Arresting Life Convict After Appeal Dismissal, Lays Guidelines
The Delhi High Court has strongly deprecated a 13-year delay in securing the custody of a life convict whose criminal appeal had already been dismissed, calling it a serious systemic failure that corrodes the credibility of the criminal justice system.A Division Bench comprising Justice Navin Chawla and Justice Ravinder Dudeja was dealing with an appeal filed by Sonu who had been convicted...
Allegations Of Theft, Public Humiliation Not Enough To Attract Abetment Of Suicide U/S 306 IPC: Calcutta High Court
The Calcutta High Court has set aside the conviction of multiple accused under Section 306/34 IPC, holding that the prosecution failed to establish the essential ingredients of abetment of suicide beyond a reasonable doubt.Justice Chaitali Chatterjee Das noted that although the deceased died by suicide, mere allegations of harassment or branding him a thief were insufficient to attract...