High Courts
Drug Possession | Degree Of Evidence To Justify Preventive Detention Under PITNDPS Much Lower Than Other Detention Laws: J&K High Court
The Jammu and Kashmir and Ladakh High Court, in a recent ruling, has emphasized that the degree of evidence required to justify preventive detention under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1998 (PITNDPS Act), is considerably lower than what might be needed under other detention laws.This significant observation was made by a division...
[LARR Act, 2013] Collector's Award Must Be Challenged In Application U/S 64 To Be Referred To Authority: Bombay High Court
The Bombay High Court observed that Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("LARR Act") can only be invoked if the application under the provision challenges the Collector's award. It stated that the contents of the application must indicate it is an application under Section 64 of the Act.Justice R.M. Joshi...
Offence Of 'Penetrative Sexual Assault' Under POCSO Act Can Be Invoked Against Woman, Not Restricted To Male Offender: Delhi High Court
The Delhi High Court on Friday held that the offences of penetrative sexual assault and aggravated penetrative sexual assault under the POCSO Act are offences regardless of the gender of the offender and can be invoked against a woman also. Justice Anup Jairam Bhambhani held that the word “he” in Section 3 of the POCSCO Act (penetrative sexual assault) cannot be given a restrictive meaning...
Central Govt Cannot Arbitarily Withhold Consent For Remission Of Sentence, Must Give Cogent Reasons For Denial: Telangana High Court
While hearing the remission plea of a man serving a life sentence in a murder case, the Telangana High Court said that if the state government–which is empowered to recommend remission, approaches the Centre for its consent, then it can't keep the same pending and "withhold it arbitrarily". The high court also emphasized that in case the Centre differs from the State government on grant...
[S.18 Limitation Act] Liability Must Be Acknowledged Within Limitation Period For Extension Of Limitation: Allahabad High Court
The Allahabad High Court held that if the claim under the Micro, Small and Medium Enterprises Development Act, 2006 is not filed within limitation, the same cannot be raised upon acknowledgment of the liability by the other party after expiry of limitation.Section 18 of the Limitation Act provides that where a party acknowledges its liability within the period prescribed for filing a suit...
[Electronic Evidence] Non-Filing Of Certificate U/S 65B Evidence Act Will Not Vitiate Trial: Karnataka High Court Reiterates
The Karnataka High Court has reiterated that non-filing of a certificate under section 65-B of the Evidence Act at the time of production of electronic evidence, would not vitiate the court proceedings.A single-judge bench of Justice M Nagaprasanna dismissed the petition filed by Santhosh Shet, a teacher who is charged under provisions of the Protection of Children from Sexual Offences...
Principle Of Denial Of Relief On Grounds Of Laches Applicable To PIL: Bombay High Court
The Bombay High Court observed that the principle of denying relief on grounds of delays and laches is applicable to Public Interest Litigation (PIL). It emphasized that in the absence of an explanation for the delay from the petitioners, the court may refuse to exercise its discretionary power under Article 226 of the Constitution of India."In the absence of any explanation, this Court is...
'Erroneously Elected On Seat Reserved For Women': High Court Upholds Quashing Of Hisar Panchayat Samiti Chairman's Election
The Punjab & Haryana High Court has upheld the decision of State Election Commissioner to declare the election of Chairman of Panchayat Samitis in Haryana's Barwala Hisar district, as "null and void."The Chairman of the Panchayat Samiti was elected even before the notification was issued for the election of the seat reserved for woman.A bench of Justice Sudhir Singh and Justice Karamjit...
MP Civil Services Rules | Retd Employees Entitled To 20% Additional Pension Once They Enter 80th Yr Of Life, Not Upon Completion Of 80 Yrs Age: HC
The Madhya Pradesh High Court has recently clarified that retired employees are entitled to the additional quantum of pension at the rate of 20 per cent from the date they turn 79 years old and enter the 80th year of their life, and not just from the point when an employee completes 80 years of age.The single-judge bench of Justice Anand Pathak applied a purposive interpretation of statutes...
'Speaker Will Decide': High Court Disposes Punjab LoP's Plea Alleging "Biased Telecast" Of Assembly Proceedings
The Punjab and Haryana High Court today directed the Punjab Assembly Speaker to decide the representation of the opposition leader Pratap Singh Bajwa, alleging biased telecast of the Assembly proceedings.Bajwa alleged that during Assembly's Live Telecast, the camera is unfocussed when opposition MLAs are speaking and the entirety of their speech is not shown, whereas the telecast is very...
[Forest Conservation Act] Forest Land Cannot Be Repurposed For Non-Forest Activities Without Approval: Himachal Pradesh High Court
The High Court of Himachal Pradesh has upheld an eviction order against a petitioner, emphasizing the stringent requirements of the Forest Conservation Act, 1980. The Court reinforced that forest land cannot be repurposed for non-forest activities without the necessary approvals, underscoring the legal framework designed to protect forest areas from unauthorized use.Justice Vivek Singh Thakur...
Bombay Tenancy & Agricultural Lands Act | Trust Land Must Be Included In Schedule-I To Claim Exemption, Order U/S 88B Insufficient: High Court
The Bombay High Court has held that an exemption order granted to a Trust under Section 88-B of the Bombay Tenancy and Agricultural Lands Act, 1948 (BT&AL) is not sufficient to claim exemption of the land from the provisions of the Act. The land must be included in Schedule I of the BT&AL Act to claim such exemption. The Court also observed that Section 32-G of BT & AL is...