High Courts
Non-Bailable Warrant U/S 73 CrPC Cannot Be Issued To Produce Accused Before Police For Investigation: Delhi High Court
The Delhi High Court has ruled that issuance of a non-bailable warrant under Section 73 CrPC by a Magistrate, for the production of the accused before the police for investigation is illegal, as such a warrant could only be issued for the production of the accused before a court. Further, the Court held that under Section 82 CrPC, a Magistrate must record reasons for believing that a person...
Asiatic Lion Deaths On Railway Tracks: Gujarat High Court Lays Down Preventive Guidelines, Calls For Speed Reduction & Improved Infrastructure
The Gujarat High Court has issued a series of directives following the unnatural deaths of three Asiatic lions on railway tracks in Amreli district. The Court has scheduled a follow-up hearing next month to review the implementation of recommendations by a High-Level Committee.The division bench comprising Chief Justice Sunita Agarwal and Justice Pranav Trivedi, ordered, “After going...
Trial Yet To Begin Since Sept 2022 Arrest: Allahabad HC Grants Bail To PFI 'Leaders' Accused Of Planning To Infiltrate RSS
The Allahabad High Court on Thursday granted bail to 3 alleged leaders of the Popular Front of India (PFI) who were arrested in September 2022 by the UP STF (Special Task Force) on the allegations of planning to infiltrate the Rashtriya Swayamsevak Sangh (RSS).A bench of Justice Karunesh Singh Pawar granted bail to the accused (Sufiyan, Mohd. Faizan, and Mohd. Rehan) as it noted that they...
Seizure Memo Loses Credibility If Prepared At Police Station And Not Place Of Recovery: Rajasthan High Court
Rajasthan High Court recently granted bail to an accused booked for attempt to murder and under the NDPS Act, observing that the credibility of the seizure memo loses its significance if it was not prepared at the same place from where the recovery was made but was taken by the police to the police station to prepare the same.The bench of Justice Farjand Ali was hearing a bail application...
Contract Terminated By An Awardee Following Due Process Cannot Be Subsequently Novated By Awardee Itself: Rajasthan High Court
The Rajasthan High Court has ruled that a contract terminated by an awardee following due process cannot be novated by the awardee itself. The Court also held that an administrative order cannot set at nought a duly considered decision or adjudicated order which had bearing on the civil or business rights of contracting parties.A bench of Justice Dinesh Mehta held that "the grant and...
"Action Compliant With IT Rules": Google To Andhra Pradesh HC On Blocking String Art's YouTube Account Allegedly Over Video Against Bill Gates
Google Inc recently opposed the petition filed by M/S String Art Private Limited seeking damages worth Rs. 2 crores for termination of its YouTube accounts, allegedly after a video against Microsoft CEO Bill Gates was posted on its channel.String Art claims to be operating as an Indian journalism house. It said the termination of all its accounts on YouTube is arbitrary and in contravention...
Glue Trap Ban: Gujarat High Court Criticizes State Animal Welfare Board Over Non-Implementation Of Animal Cruelty Prevention Rules
The Gujarat High Court has expressed strong disapproval of the Gujarat State Animal Welfare Board for its failure to effectively implement the provisions of the Prevention of Cruelty to Animals Act, 1960, and the associated Rules, 2001. The court noted a significant gap in the enforcement of rules aimed at preventing animal cruelty, particularly concerning the use of glue traps and glue...
Only Men Can Be Prosecuted Under 'Gender-Specific' Law Of Sexual Harassment U/S 354A IPC: Calcutta High Court
The Calcutta High Court has recently held that sexual harassment charges under Section 354A of the Indian Penal Code (IPC) cannot be applied against women since the provision specifically begins with the term "a man."A single bench of Justice Ajay Kumar Gupta perused the provision which begins, "[354A. Sexual harassment and punishment for sexual harassment--(1) A man committing any of...
Extended Limitation Can't Be Invoked If No 'Omission' & Suppression Of Material Facts' To Evade Tax : Calcutta HC
The Calcutta High Court held that no service tax will be levied on activities such as cutting or mineral extraction which are part of mining operations, if mining operations are itself not subjected to service tax on the date of levy. The High Court clarified that if the State seeking to recover tax, cannot bring the subject within the letter of law, then it goes without saying that...
Delhi High Court Rules In Favour Of RPF Candidate Denied Job Due To Pregnancy, Orders ₹1 Lakh Costs To Recently Injured Woman Staff
Ruling in favour of a woman who was denied appointment as a Constable in the Railway Protection Force in 2019 due to her pregnancy, the Delhi High Court imposed Rs. 1 lakh costs on the Central Government to be paid to a lady employee who recently got injured when a portion of the roof in the court building fell on her.A division bench comprising of Justice Rekha Palli and Justice Shalinder...
MP High Court Orders Enquiry Against Judge Who 'Blindly Signed' Wrong Order Sheets Written By Clerk
After finding out that the trial court negligently posted a cheating case for prosecution evidence repeatedly instead of framing the charges, the Madhya Pradesh High Court has recommended an enquiry against the erring judge and concerned clerk. While deciding on an application under Section 439 CrPC [483 BNSS], the High Court saw that the trial court wrongly posted a case for evidence...
Madras High Court Judges Recuse From Hearing Savukku Shankar Habeas Corpus Plea Citing His Mother's "Unwarranted" Remarks About Proceedings
The Madras High Court bench of Justice MS Ramesh and Justice Sunder Mohan have recused from hearing the habeas corpus plea filed by A Kamala, mother of Youtuber and whistleblower 'Savukku' Shankar challenging his detention under the TN Preventive Detention Act. The bench said that Kamala, in a petition seeking to transfer the HCP to the Supreme Court or any court...