High Courts
Calcutta HC Questions State Over Allegations Of Doctor's Rape-Murder On RG Kar Campus Being Registered As Suicide, Directs Principal To Go On Long-Leave
The Calcutta High Court on Tuesday heard multiple pleas over the brutal rape and murder of a 2nd Year PG student at the RG Kar Medical College and Hosptial campus after she had finished her midnight rounds and gone to rest in the campus's seminar hall. A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya questioned the state government after allegations were...
Existence/Absence Of Motive Acquires Significance When Ocular Testimony Is Suspected: Allahabad HC Acquits Man In Murder Case
While acquitting an accused in a 2006 Murder case, the Allahabad High Court on Monday observed that motive occupies a back seat where there is direct and credible evidence; however, where the ocular testimony appears to be suspected, the existence or absence of motive acquires some significance. A bench of Justice Rajiv Gupta and Justice Mohd. Azhar Husain Idrisi was essentially hearing...
Delhi High Court Directs Journalist Rajdeep Sardesai To Remove Alleged Defamatory Video Of BJP Leader Shazia Ilmi
Delhi High Court has directed journalist Rajdeep Sardesai to take down a video posted by him on 'X', alleging that BJP leader Shazia Ilmi abused a video journalist of India Today during a televised debate.The controversy arose after Ilmi took part in a debate on India Today news channel last month on Agniveer scheme row. However, she left the debate midway claiming that her mic was cut-off...
Gram Nyayalaya Lacks Jurisdiction To Deal With Applications Under Muslim Women (Protection Of Rights On Divorce) Act: Kerala High Court
The Kerala High Court has held that Gram Nyayalaya under the Gram Nyayalayas Act, 2008 lacks jurisdiction to consider applications filed under the Muslim Women (Protection of Rights on Divorce) Act, 1986.Justice Bechu Kurian Thomas found that Gram Nyayalaya cannot deal with applications filed under the Muslim Women (Protection of Rights on Divorce) Act seeking maintenance or mahr to be given...
Communicating Grounds For Detention In A Language Understood By Detenue Is A Constitutional Right: J&K High Court
The Jammu & Kashmir and Ladakh High Court recently quashed a detention order issued by District Magistrate Kathua, citing a failure in procedural compliance, specifically the communication of the grounds of detention in a language understood by the detenue.Justice Sindhu Sharma, emphasizing the importance of this requirement, observed that “communication means imparting to the...
NRIs Not Exempted From Mandatory Faceless Procedure: Telangana High Court
The Telangana High Court has held that the NRIs are not exempted from following mandatory faceless procedure.The bench of Justice Sujoy Paul and Justice Namavarapu Rajeshwar Rao has observed that the taxpayer is nowhere distinguished between NRIs and Indian citizens. The reassessment notice issued under Section 148 must comply with the requirement of the scheme whether or not the taxpayer is...
Non-Response Can't Be Presumed As Consent For Appointment Of Arbitrator: Delhi High Court
The Delhi High Court bench of J. C.Hari Shankar has held that consent requires consensus ad idem and there must be positive consent present from the petitioner side with respect to the appointment of an arbitrator. If such consent is absent, the appointment becomes unilateral and ex facie illegal. The court has held that there was no consent by the petitioner with respect to...
[NDPS Act] Trial Court Can Order Release Of Seized Vehicle From Interim Custody Till Disposal Of Main Case: Karnataka HC
The Karnataka High Court has clarified that the trial court has the power to release the vehicle from interim custody, under Section 451, 457 of the Criminal Procedure Code, till disposal of the main case registered under provisions of the Narcotics Drugs and Psychotropics Substances Act (NDPS).A single judge bench of Justice K Natarajan held thus while allowing a petition filed by Kawal...
Denying Govt Appointment Solely Due To Pending Criminal Case Not Involving Moral Turpitude Is Unjust And Arbitrary: Rajasthan HC
The Rajasthan High Court granted relief to an aspirant for a government job 9 years after his candidature was rejected, despite being meritorious, on the grounds of a pending criminal case against him.The Court observed that firstly, denying government employment merely on the grounds of a pending criminal case was illegal, arbitrary and unjust because as per criminal jurisprudence, an...
Senior Police Officers Must Keep Check On Subordinates Who Try To Show Supremacy By Unnecessarily Scolding And Beating People: Gujarat HC
The Gujarat High Court strongly criticized the city crime branch for overstepping its authority and directed senior officials to monitor their subordinates who were accused of exerting unnecessary dominance by scolding and beating citizens.“I understand you higher officers will be very polite, very modest, but then must keep a check on the lower officers who roam around the city and trying...
Reply Not Considered In Totality: Allahabad High Court Sets Aside Blacklisting Order
The Allahabad High Court has set aside an order of blacklisting for indefinite period as the reply of the petitioner company was not considered in its totality but was rejected as being not satisfactory.Observing that blacklisting has civil consequences for a company, the bench comprising Justice Shekhar B. Saraf and Justice Manjive Shukla held that “an order of blacklisting is...
Transfer Order Passed During Operation Of Election Notification Without Prior Approval Of State Election Commission Not Sustainable: Allahabad HC
The Allahabad High Court has held that no notification transferring an employee involved in elections can be passed during the period where election notification is active except with prior permission of the State Election Commission. It was held that such transfer order is non est in law.Petitioner was serving as Assistant Development Officer (Panchayat), when his transfer order issued...