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...

Jammu & Kashmir High Court Takes Suo Moto Cognizance To Expedite Retrieval Of Drowned Indian Man's Body From Pakistan

The High Court of Jammu & Kashmir and Ladakh has taken suo motu cognizance to expedite the retrieval of a man's body from Pakistan. The deceased, Harash Nagotra, tragically drowned in the Chenab River, and his body was discovered across the border, in Pakistan.Initially, a petition was filed by Indu Bhushan Bali, requesting the court to treat the matter as a PIL under Articles 226 and 227...

Delhi HC Permits Arvind Kejriwal Two Additional Meetings With Lawyers, Says 'Special Situations Call For Special Remedies'

Observing that special situations call for special remedies, the Delhi High Court has allowed the plea moved by Chief Minister Arvind Kejriwal, who is in judicial custody in the alleged liquor policy scam, for granting two additional meetings with his lawyers through virtual conferencing in a week. “…it is held that in recognition of fundamental right of fair trial and effective...

Schools Play Vital Role In Education, Must Ensure Examinee's Documentation Is Completed Within Time: Delhi HC Provides Relief To Class 10, 12 Students

The Delhi High Court recently directed the Central Board of Secondary Education (CBSE) to open its online portal to accommodate 45 class 10th and 12th students studying in a Delhi school to appear in their improvement and compartmental exams.Observing that the petitioner school had been “very negligent” in the present case, a single judge bench of Justice Swarana Kanta Sharma said that...

[POCSO] Not Safe To Fasten Liability On Cop Who Waited To Record Informant/Victim's Statement Due To Unavailability Of Female Officer: Kerala HC

The Kerala High Court has held that there is no scope to put criminal liability on a police officer for asking the victim and her mother to come the next day to give their statement regarding an offence under the Protection of Children Under Sexual Offences Act (POCSO Act) due to there not being any woman officer at the police station.The court said that while a police officer is...

Denying Ordinary Leave To Convicts Has Detrimental Effect, Reduces Chances Of Rehabilitation And Re-Socialization: Kerala High Court

The Kerala High Court has held that denial of ordinary leave to convicts can be detrimental since it reduces their chances for better rehabilitation and re-socialization into society. The Court further stated that ordinary leave cannot be denied to convicts by relying upon vague police reports.The petitioner, a convict undergoing life imprisonment for murdering his father has approached the...

MP High Court Calls For State's Report On Plea Challenging Construction Of Bridge At UNESCO Geo-Heritage Site Known For Dinosaur Fossils

In a plea filed by an environmental conservationist against bridge construction over the Narmada River at Lamheta Ghat, the Madhya Pradesh High Court has asked the state authorities to file a status report within four weeks.Lamheta Ghat consists of Lameta formation, which is said to be the focal point of Lametasaurus fossils, a certain species of dinosaurs, among other fossils.The Division...

Karnataka High Court Flags Rampant Instances Of Persons Inducing Pregnant Women To Illegally Abort Female Foetuses At Medical Centres

The Karnataka High Court has observed that instances of persons inducing pregnant ladies to undergo scanning and to abort the female foetus at various medical centres are very rampant in various parts of the state, especially Mysuru and Mandya districts.A single judge bench Justice M G Uma observed thus while dismissing the anticipatory bail application filed by Dhananje Gowda and two others,...

No Provision To Notify Changed Criteria Beforehand: HC Sets Aside 50K Cost On Allahabad University For Altering Admission Criteria After Closing Registration

The Allahabad High Court has set aside a Single Judge order by which compensation of Rs. 50,000/- was granted to respondent-petitioner for non-admission to M.A. in Women Studies since the admission criteria were changed subsequent to the closure of registration forms.The bench comprising of Chief Justice Arun Bhansali and Justice Vikas Budhwar held that the new criteria suggested by...