High Courts
Exoneration Of Employee In Departmental Enquiry Will Not Halt Criminal Trial Under Prevention Of Corruption Act: Karnataka High Court
The Karnataka High Court has held that when a government employee is accused of criminal misconduct for demanding and accepting a bribe, he will have to come out clean in a trial and even if he is exonerated in a departmental enquiry, the same would not come in the way of continuing the criminal trial against him.A single judge bench of Justice H P Sandesh held thus while rejecting the...
Every Law Based On Ways Of Life Preached From Ancient Times, Immoral Acts Not Acceptable To Society Became Criminal Offences: High Court
While raising suspicion on the 'nikah' performed by a couple seeking protection the Punjab & Haryana High Court said that all laws are based on way of life, and acts not acceptable to society were defined as offences by the Bhartiya Nyaya Sanhita (BNS).The Court doubted the correctness of the pleadings by noting that the couple and witnesses were from different states and in the...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up July 22 - July 28, 2024
Nominal Index:MUJEEB UL ASHRAF DAR Vs MUSHTAQ AHMAD WANI 2024 LiveLaw (JKL) 197ABDUL MAJID KIRMANI & ANR. Vs BILAL AHMAD KIRMANI 2024 LiveLaw (JKL) 198Kamran Ali Khan Vs State of J&K 2024 LiveLaw (JKL) 199National Insurance Company Vs Zahoor Ahmad Sofi 2024 LiveLaw (JKL) 200JAVAID AHMAD KUMAR Vs UNION OF INDIA 2024 LiveLaw (JKL) 201Union Of India Vs M/s Onkar Nath Bhalla and...
Commission Of Sexual Act By Any Of The Accused Is Sufficient To Rope In Remaining Accused In Offence Of Gang Rape: Bombay High Court
In a significant ruling, the Nagpur bench of the Bombay High Court has recently held that commission of a sexual act is not mandatory for one to be roped in as an accused in a gang rape case and instead commission of a sexual act by even one person (among the accused) is enough to convict the others (in the group) for gang rape.Single-judge Justice Govind Sanap while hearing appeals filed by...
Order For Property Attachment And Conditional Warrant Of Arrest Can Be Simultaneously Issued In Maintenance Proceedings: P&H High Court
The Punjab & Haryana High Court has made it clear that for recovery of maintenance amount under Section 125 CrPC, attachment of the property and issuance of conditional warrants of arrest can be done simultaneously.The corresponding Section for maintenance of wife, children and parents under the new criminal law is Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). In the...
CM Pinarayi Vijayan Had No Personal Gain In CMRL-Exalogic Transactions, All Property Legally Accounted For: Govt Tells Kerala High Court
The Kerala government has informed the High Court that Chief Minister Pinarayi Vijayan received no personal gains from the transactions between State-owned Cochin Minerals and Rutile Limited (CMRL) and Exalogic Solutions, a company owned by his daughter Veena Thaikandiyil.Director General of Prosecution TA Shaji informed single bench of Justice K. Babu that the transactions were based on a...
Madhya Pradesh High Court Quashes Removal Of Advocate From Bar Association Citing Lapses In Procedure Set By State Bar Council
The Madhya Pradesh High Court has overturned the District Bar Association, Datia's decision to cancel the membership of advocate Ram Sahai Chiroliya, citing non-adherence to the procedural requirements as outlined in the model byelaws prescribed by the State Bar Council of Madhya Pradesh. The Bench comprising Justice Anand Pathak and Justice Rajendra Kumar Vani were hearing a writ petition...
Court's Inherent Powers Not Boundless, Expressions Such As 'Abuse Of Process' Or 'Securing Ends Of Justice' Don't Grant Unlimited Jurisdiction: J&K High Court
Emphasising that the inherent powers under Section 482 of the Criminal Procedure Code (CrPC) are not boundless the Jammu and Kashmir and Ladakh High Court has clarified that expressions such as “abuse of process of law” or “to secure the ends of justice” do not grant the High Court unlimited jurisdiction.Spotlighting the mandate of these inherent power Justice Javed Iqbal Wani...
Kannada Actor Darshan Srinivas Withdraws Plea Before Karnataka High Court Seeking Home-Cooked Food, Clothing In Prison
Kannada actor Darshan Thoogdeep Srinivas who is in judicial custody in connection with an alleged murder case has withdrawn a plea filed before the Karnataka High Court seeking home cooked food, clothing, cutlery, bedding and books in prison. A single judge bench of Justice Hemant Chandangoudar permitted withdrawal of the petition after Darshan filed a memo, seeking to challenge the trial...
Kerala HC Directs Centre To Grant Citizenship To Two Women Who Migrated From Pakistan As Minors, Not Insist On Renunciation Certificate
The Kerala High Court has directed the Union Government to grant Indian citizenship to two women aged 21 and 24, without insisting upon a Renunciation certificate from the Pakistan government. The Court stated that the government cannot compel the petitioners to produce a Renunciation Certificate since they migrated to India after surrendering their Pakistani passports before attaining the age...
Jharkhand High Court Weekly Roundup: July 22 - July 28, 2024
Nominal Index [Citations: 2023 LiveLaw (Jha) 117-124]TATA Capital Housing Finance Limited V. The State of Jharkhand 2024 LiveLaw (Jha) 117Arun Kumar Thakur V. The State of Jharkhand & Anr. 2024 LiveLaw (Jha) 118Rengha Oraon @ Regha Oraon V. State of Jharkhand 2024 LiveLaw (Jha) 119Chhotu Kalindi V. The State of Jharkhand 2024 LiveLaw (Jha) 120Ajit Barla V. State of Jharkhand 2024...
Leave Granting Authority Can Call For Second Medical Opinion Before Deciding On Genuineness Of Employee's Medical Leave: J&K High Court
While setting aside an order treating the absence of an employee as unauthorised and directing for its regularization, the Jammu and Kashmir and Ladakh High Court has emphasized that the competent authority has the option to secure a second medical opinion before concluding on the genuineness of medical leave.Citing Rule 19 (III) of the Leave Rules, 1979 Justice Sanjay Dhar observed, “From...