Breaking- Delhi Riots: High Court Orders CBI Investigation Into Death Of Man Forced To Sing National Anthem

The Delhi High Court on Tuesday transferred to Central Bureau of Investigation (CBI) the investigation into the death of 23 year-old Faizan, who was allegedly forced to sing national anthem during the 2020 North-East Delhi riots.Justice Anup Jairam Bhambhani allowed the plea moved by Kismatun, Faizan's mother, seeking SIT investigation into her son's death. The plea was filed in 2020.“I...

Kerala High Court Commutes Death Sentence Of Man For Murdering 3 & 7 Yr-Old Nephews, Imposes 30-Yr Rigorous Imprisonment Sentence

The Kerala High Court has commuted the death penalty imposed upon Thomas Chacko alias Shibu to 30 years of rigorous imprisonment without remission for murdering his nephews aged 3 and 7. The Court also imposed a fine of rupees 5 lakh upon the accused which shall be paid to the mother of the deceased children.The Division Bench comprising Justice A.K.Jayasankaran Nambiar and Justice Syam...

"License Suspended Straightaway Without Issuing Improvement Notice": Madras High Court Stays Suspension Of KFC Operator's License In Thoothukudi

The Madras High Court has stayed an order passed by the Tamil Nadu Food Safety and Drug Administration Department suspending the license of Sapphire Foods India Ltd, operators of the fast-food chain KFC in Thoothukudi. Justice GR Swaminathan agreed with the petitioners and observed that the order was liable to be dealt with on several grounds. The court noted that as per the...

Re-Examine CCS Rule Denying Maternity Leave To Female Govt Servant Having More Than Two Children: Delhi High Court To Authorities

The Delhi High Court has said that it expects the government authorities to re-examine the sustainability of Rule 43 of the CCS(Leave) Rules which denies maternity leave to a female government servant if she has more than two surviving children. “In order to achieve success in population control, the government may take any appropriate innovative steps in order to dissuade the citizens...

To Attract Applicability Of Section 324 IPC, Voluntary Hurt Must Be Caused By 'Dangerous' Instrument Which Can Cause Death: Jharkhand High Court

The Jharkhand High Court has ruled that to attract Section 324 of the Indian Penal Code (IPC), voluntary hurt must be caused by instruments of shooting, stabbing, or cutting. The court noted that the use of such instruments can definitely cause death.Justices Ananda Sen and Subhash Chand observed, “Section 324 of the Indian Penal Code provides for punishment for voluntarily causing hurt...

Concerning That Law Students Are Fighting In Such A Manner: HC Declines Anticipatory Bail To Delhi University Student Accused Of Assaulting Peers

While refusing anticipatory bail to a law student involved in a fight against other students, the Delhi High Court expressed its dismay at the incident and remarked “It is quite unfortunate that the complainant as well as the petitioner party who are law students have indulged in the fight. It is a matter of great concern that the students of law are fighting in such a...

[Section 9-A CPC] Trial Court Cannot Frame Issue Which Only Disposes Of The Suit In-Part: Bombay High Court

The Bombay High Court has held that under Section 9-A CPC (now repealed by the CPC (Maharashtra Amendment) Act, 2018), a Trial Court cannot frame an issue which has the effect of disposing of the suit only in part.The Court clarified that if consideration of a preliminary issue was pending on the date of commencement of the Amendment Act, 2018, the issue could be decided by the court as...

When Eyewitness Testimony Is Credible, Proving Motive Behind Offense Is Not Necessary: Jharkhand High Court

The Jharkhand High Court has held that when there is an eyewitness who has seen the commission of murder and their evidence is credible, it is not necessary for the prosecution to prove the motive behind the offence.“When there is eye witness, who had seen the commission of murder and their evidence is credible, it is not necessary that the prosecution has to prove the motive behind...

Kerala High Court Grants Bail To 23-Yr-Old Unmarried Woman Accused Of Murder For Throwing Her Infant From Building To Conceal Birth

The Kerala High Court has granted bail to a 23-year-old woman who had been in judicial custody for 80 days for allegedly throwing her infant child from her apartment building onto the road in an attempt to conceal the birth.Justice C.S. Dias considered the fact the petitioner was an unmarried young lady who was a rape victim. The Court ordered thus: “ On an overall consideration of the...

Writ Petitions Do Not Lie Against Show Cause Notices Unless It Transcends Jurisdiction, Is Issued With Premeditated Mind: J&K High Court

Quashing an order of cancellation of a lease deed after issuing a premeditated show cause notice the Jammu and Kashmir and Ladakh High Court has emphasised that a writ petition does not ordinarily lie against a show cause notice unless it is issued with a premeditated mind.In allowing a plea against the lease agreement cancellation by the respondent Jammu Development Authority (JDA) which was...

Employees Compensation Act | Admission Of Appeal Challenging Compensation Award Subject To Raising Substantial Questions Of Law: J&K High Court

The Jammu & Kashmir and Ladakh High Court recently held that the scope of an appeal against an award passed under the Employees Compensation Act is significantly limited, being permissible only if a substantial question of law is involved.Justice Javed Iqbal Wani while adjudicating the matter observed, "an appeal against the order awarding compensation and against an order awarding...

CRPF Rules | Essential To Establish Actual Service Of Notice To Delinquent Personnel Before Ordering Dismissal From Force: J&K High Court

The Jammu & Kashmir and Ladakh High Court has ruled that it is essential to establish proof of “actual service of notice” to delinquent personnel before ordering their dismissal from the force.Justice Javed Iqbal Wani while hearing the matter, noted, "The fundamental principles of natural justice cannot be compromised. It is essential that the procedural rules are strictly followed...