High Courts
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...
Court Cannot Compel Accused To Languish In Jail Without Progress In Trial: Madhya Pradesh High Court Reiterates
In a significant ruling, the High Court of Madhya Pradesh at Jabalpur, presided by Justice Gurpal Singh Ahluwalia, addressed the critical issue of whether an accused can be detained in jail without any progress in their trial. The ruling came in response to the Misc. Criminal Case No. 27895 of 2024 filed by Suma Bhaskaran (Suma Anil) against the Union of India.Suma Bhaskaran was arrested on...
Parties Must Avoid Unnecessary Adjournments In Bail, Suspension Of Sentence Cases: Delhi High Court Issues Circular
The Delhi High Court today issued a circular requesting the counsels for the petitioners and prosecuting agencies to avoid unnecessary pass-overs or adjournments in matters concerning bail, interim bail, parole, suspension of sentence, furlough and their cancellation. “In all matters viz. Interim Bail, Bail, Suspension of sentence, Parole, Furlough and cancellation thereof, learned...
Pay Dues Of Panel Lawyer Or Face Exemplary Cost: Punjab & Haryana High Court To Union Govt
The Punjab & Haryana High Court has directed the Union Government to pay the "undisputed admissible" amount of over Rs.13.21 lakhs to a senior panel lawyer who appeared for the Union of India and if the payment is not made within stipulated time, an exemplary cost will be imposed.Justice Vinod S. Bhardwaj said, "the undisputed amount which remains outstanding is Rs.13,21,780/-. The...