High Courts
Incorrect To Deny MD Seat To Candidate Solely Due To Administrative Fault: Delhi High Court To AIIMS
The Delhi High Court observed that denying a MD seat (Doctor of Medicine) to a candidate solely due to administrative fault and inefficiency would be unjust and against the principle of merit-based selection. The Court asserted that filling available vacancies is in the best interests of public health and institutional efficiency.Justice Swarana Kanta Sharma was considering the petitioner's...
Madras High Court Laments Political Favours Preventing Police From Acting Against Voter Bribery In Elections
The Madras High Court recently criticized the police force for not acting appropriately in cases involving bribery during elections. The court remarked that though the police were the only machinery that could act against such offenses, in many cases, the police were taking sides and not prosecuting expecting favors from political parties. “The Police is the only machinery which...
S.34 Drugs & Cosmetics Act | Proof Of Actual Responsibility Of Company At Time Of Offence Crucial To Attract Culpability: J&K High Court
Quashing a criminal complaint under the Drugs and Cosmetics Act the Jammu and Kashmir and Ladakh High Court has ruled that not every person connected with the company may fall within the ambit of the provisions of section 34 of the Act of 1940.Justice Javed Iqbal Wani has clarified that it is essential to prove that the person who was in charge of and responsible for the conduct of the...
Judge Not Mouthpiece Of Prosecution But Also Cannot Make Roving Enquiry While Considering Discharge Application Of Accused: Kerala HC
The Kerala High Court has held that a judge should not act like a post office or a mouth piece of prosecution but it should also not make a roving enquiry and weigh the evidence akin to conducting a trial against the accused while considering a discharge application under Section 227 and 239 of CrPC.Justice K. Babu laid down thus:“In exercising his jurisdiction under Sections 227 and 239 of...
In Absence Of Appellant Or His Lawyer , Appeal Should Be Dismissed In Default Not An Order On Merit : Allahabad High Court
The Allahabad High Court has held that the term “ex-parte” in Rule 63(4) of the Uttar Pradesh Value Added Tax Rules, 2008 can be interpreted as for want of representation of the defendant after service of notice, the case may be decided on merits. However, when the appellant or his counsel is not present, the case may only be dismissed in default. The Court held that in...
Should Security Of Shirdi Sai Baba Temple Be Beefed Up? Bombay High Court Constitutes Committee
Taking note of the importance of the issue, the Bombay High Court recently constituted a committee, to be headed by a former chief secretary, to re-assess the security of Shri Sai Baba temple at Shirdi and to decide if the Central Industrial Security Force (CISF) needs to be deployed within the temple premises for security of the sanctum and also of the lakhs of devotees.A division bench...
PILs In Service Matters Not Maintainable, Apex Court's Earlier Ruling Still Prevails: Punjab & Haryana High Court
Relying on Supreme Court's precedent, the Punjab & Haryana High Court has said that Public Interest Initigation (PIL) on service matters is not maintainable.Chief Justice Sheel Nagu and Justice Vikas Suri referring to Apex Court's decision in Pratap Singh Bist v. The Director, Directorate of Education, Govt. Of NCT Of Delhi & Ors said, "it reveals that the issue as to whether a...
MWPRD Act | Divorced Lady Must Reside Within Jurisdictional Limit Of Magistrate To Avail Benefit Of Act: Kerala HC Denies Relief To Malaysian Citizen
The Kerala High Court has quashed a complaint filed under the Muslim Women (Protection of Rights on Divorce) Act (MWPRD Act) by a woman with Malaysian citizenship. Section 2(c) of MWPRD Act defines Magistrate as Magistrate of First Class exercising jurisdiction under Code of Criminal Procedure in the area where the divorced woman resides. The complainant had argued that the complaint...
Police Was In Private Vehicle, False Case Can't Be Ruled Out: P&H HC Grants Bail To Man Booked For Possessing Commercial Quantity Of Contraband
Observing that "probability of his false implication cannot be ruled", the Punjab & Haryana High Court has granted bail to a man booked for allegedly possessing contraband of commercial quantity under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).Justice Sandeep Moudgil observed, "this Court can easily infer that the petitioner is not a habitual offender, and...
No Prior Sanction Needed To Prosecute Officers Below Rank Of Inspector, Article 14 Cannot Be Applied Against Administrative Hierarchy: Madras HC
The Madras High Court has made it clear that no prior sanction under Section 197 CrPC is needed to prosecute police officers below the rank of Inspector of Police. Section 197 of CrPC (Section 218 of the Bharatiya Nagarik Suraksha Sanhita 2023) deals with obtaining prior sanction before taking cognizance of an offense involving a person who is or was a Judge or Magistrate or a...
Voluntary Membership Can't Be Proscribed By Executive, Violates Article 19(1)(g): MP HC Slams Erstwhile Ban On Central Govt Employees Joining RSS
In a plea filed by a retired government servant seeking permission to join RSS, the Madhya Pradesh High Court came down heavily on the previous office memorandums issued by the Union of India that listed the organization in the banned category.“…voluntary membership of a national & internationally famed organisation like RSS, for activities other than political in nature, like...
Owner Must Ensure Safety Precautions And Warning Signs At Construction Site, Can Be Held Liable For Negligence In Their Absence: MP High Court
A single judge bench of Justice G.S. Ahluwalia of the Madhya Pradesh High Court has delivered an important ruling regarding the criminal liability of a contractor for failing to place warning signs at a construction site, which led to a fatal accident.The court held that owner of the company had the duty to ensure all safety precautions, including warning signs. The negligence in safety...