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...

'Autocratic Attitude': Punjab & Haryana HC Imposes ₹75K Cost On PGIMS Rohtak For Arbitrarily Terminating Employee's Contract

The Punjab & Haryana High Court has imposed litigation cost of Rs.75,000 on Pandit Bhagwat Dayal Sharma Post Graduate Institute of Medical Sciences (PGIMS, Rohtak) for terminating the contract of its employee arbitrarily despite her good performance and service of ten years.Justice Tribhuvan Dahiya said, "the argument advanced by learned counsel for the University that the petitioner has...

Court Can Invoke Power Of Review To Correct Inadvertent Errors, Misrepresentation Even After Judgement Is Pronounced: J&K High Court

The Jammu & Kashmir and Ladakh High Court recently ruled that once a judgment is pronounced or an order is made, the court becomes “functus officio”, meaning it loses control over the matter, and the judgment or order becomes final, however, with the doctrine of review standing as an exception to this rule.Justice Javed Iqbal Wani, while hearing a review petition, stated, “The...

Mandatory To Get Magistrate's Certification On Seized Contraband Before Sending It To FSL For Analysis: Karnataka High Court

The Karnataka High Court has said that it is mandatory for authorities to prepare an inventory of seized contraband material and get it certified before the jurisdictional Magistrate before sending it to the Forensic Science Laboratory, for chemical examination. A single judge bench of Justice S Vishwajith Shetty allowed the appeal filed by two accused Shahrukh Khan and another...

Delhi High Court Orders Accused To Do Community Service At Gurudwara, Says Offence Of Outraging Woman's Modesty Can't Be Compromised

While quashing a 2014 case against two men for allegedly assaulting and outraging modesty of a woman after settlement between them, the Delhi High Court has directed them to do community service of one month in the city's Gurudwara Rakab Ganj Sahib. Justice Subramonium Prasad also imposed Rs. 25,000 costs each on the accused persons so that they do not repeat the offence in future. The costs...

[U.P. Intermediate Education Act, 1921] Allahabad HC Upholds Maintainability Of Service Writ Against Termination Order By Unaided Institution

Recently, the Allahabad High Court upheld the maintainability of the writ petition under Article 226 of the Constitution of India against termination order passed by an unaided institution which is recognized under Section 7-A of the U.P. Intermediate Education Act, 1921.Distinguishing the judgment of Supreme Court in St. Mary's Education Society and another vs. Rajendra Prasad Bhargava...