'Astonishing': Kerala High Court Orders Removal Of Large Scale Encroachments In And Around Ashtamudi Lake In Kollam

The Kerala High Court has directed the Kollam Sub Collector to initiate action to remove illegal encroachers from in and around Ashtamudi Lake within a period of six months.The Division Bench comprising Acting Chief Justice Mr. A.Muhamed Mustaque and Justice S Manu directed the District Police Chief to assist the Sub Collector by deploying necessary police personnel for removing the...

Improbable To Find Husband's Semen On Wife After 5 Months Of Separation, It Persists For Only Few Days: MP High Court Quashes Charge U/S 377 IPC

After referring to various forensic studies, Madhya Pradesh High Court has held that the husband's semen cannot possibly be found in the anal and vaginal swabs of the wife five months after their separation since the life span of sperms is no more than a few days. The single-judge bench of Justice Anand Pathak observed that the charge under Section 377 IPC [now deleted in BNS] had...

[DV Act] Arrest Warrants Unjustified In Domestic Violence Cases Since Proceedings Are Civil In Nature: J&K High Court

The Jammu and Kashmir and Ladakh High Court has unequivocally condemned the use of coercive processes like warrants of arrest in domestic violence cases.A bench of Justice Sanjay Dhar while hearing a petition challenging the issuance of such warrants, observed that proceedings under the Protection of Women from Domestic Violence Act (DV Act) are inherently civil in nature and not...

Whether Tourism Department Vehicles Carrying Constitutional Dignitaries Use Backlit Boards Contrary To Rules? Kerala High Court Asks Govt

The Kerala High Court sought response from the Government on whether Tourism Department vehicles carrying constitutional dignitaries and authorities are fitted with backlit name boards and registration plates contrary to the Central Motor Vehicles Rules and flouting safety standards.The Division Bench comprising Justice Anil K.Narendran and Justice Harisankar V. Menon observed thus: “On a...

MP High Court Denies CBI Probe In 2007 Fake Encounter Case But Orders State To Pay Rs 1 Lakh Cost For Insensitivity Of Police Dept

In a writ appeal filed by an aggrieved mother to further investigate an allegedly fake police encounter to eliminate dacoits, the Madhya Pradesh High Court has refused to entrust the investigation to the CBI instead of the Crime Investigation Wing. According to the mother, her son was one among the two killed in the encounter back in 2007.Though the court refused CBI's intervention years...

Information Seeker Has No Locus Standi In Penalty Proceedings Against Public Information Officer U/S 20 Of RTI Act: Delhi High Court

The Delhi High Court has recently observed that an information seeker has no locus standi in the penalty proceedings initiated against a Public Information Officer, under Section 20 of the Right to Information Act, 2005.Section 20 states that the Central Information Commission (CIC) or State Information Commission (SIC) has the powers to impose a penalty on the Public Information Officer...

Delhi High Court Orders Office Space, E-Library For Public Prosecutors In Each District

Observing it is high time to adapt to technological advances, the Delhi High Court has directed the Delhi Government to create digital library for public prosecutors in each district in the national capital. A division bench comprising of Justice Suresh Kumar Kait and Justice Manoj Jain directed Principal District & Sessions Judges of all districts of the national capital to provide...

Gain From Selling Of Property Kept For Investment To Be Taxed Under 'Capital Gains': Kerala High Court

The Kerala High Court has held that when a property kept not for trade but for investment purposes is sold, the gain has to fall under the head 'capital gains' and such a transaction is only taxable under capital gain and not under adventure of trade. The bench of Justice A.K. Jayasankaran Nambiar and Justice Syam Kumar V.M. has observed that the burden is upon the Department to show that...

Trial Court Should Not Issue Warrant Of Arrest Mechanically, Without Application Of Mind: Calcutta High Court

The Calcutta High Court has held that a trial court cannot issue a warrant of arrest without application of mind and justifying the same under the law.A single bench of Justice Suvra Ghosh quashed the warrant of arrest against the petitioners, who were accused under inter alia Section 420 of the Indian Penal Code while observing that the trial court had issued the warrant of arrest against...

Company, Its Officials Must Update Themselves With Ever-Changing Laws, Ignorance Not An Excuse For Breaking It: Bombay High Court

The Bombay High Court on Monday while refusing to quash a First Information Report (FIR) against a businessman observed that ignorance of law is not an excuse for breaking it.A division bench of Justices Ajay Gadkari and Dr Neela Gokhale refused to quash an FIR lodged against one Ajay Melwani, who was booked under relevant provisions of the Narcotics Drugs and Psychotropic Substances (NDPS)...

Educational Institutions Are Strong Pillars Of Democracy, Can't Be Machines Producing Individuals Chasing Marks Or Degrees: Delhi High Court

The Delhi High Court has recently observed that schools, universities and academic institutions are strong pillars of democracy as well as the entire country and are not meant to be machines producing individuals whose aim is only to chase marks, courses or degrees.Justice Swarana Kanta Sharma said that educational institutions are meant to be academic institutes of eminence that help...

'Built Up Area' Definition Can't Have Retrospective Application, Bombay High Court Dismisses Dept. Appeal

The Bombay High Court has held that the expression 'built up area' introduced with effect from April 1, 2005, could not be applied retrospectively, and the Tribunal was justified in holding that up to April 1, 2005, the expression 'built up area' would exclude the balcony area. The bench of Justice G. S. Kulkarni and Somasekhar Sundaresan has observed that for the first time, the Legislature...