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...

Procedure For Service Of Summons On Corporate Bodies/Firms | Allahabad HC Explains Difference Between S. 63 CrPC & S. 65 BNSS

In light of the provision contained under Section 65 of the recently introduced Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, the Allahabad High Court earlier this month observed that summons of a company or corporation could now also be served through the Director, apart from the Manager, Secretary, and other Officers of the company, including the firm's partner. A bench of...

[KAAPA] Detention Order Can Be Quashed If Representation Of Detenu Is Not Considered In Timely Manner: Kerala HC

The Kerala High Court held that if the Government fails to consider the representation of a person put in preventive detention under the Kerala Anti-Social Activities Prevention Act (KAAPA) in a prompt manner, his right guaranteed under Article 22(5) is violated and due to this reason, the detention order can be quashed.Article 22(5) of the Constitution says that every person who is...

Frivolous, Clogs Criminal Justice System: Karnataka HC Stays Proceedings Against Man Accused Of Wrongfully Holding Missing Cat In His House

The Karnataka High Court on Monday stayed further proceedings against a man against whom a case is registered claiming he was holding the cat of the complainant in his house. A single-judge bench of Justice M Nagaprasanna granted interim relief to petitioner Taha Husain. It said, “There shall be an interim order of stay of the further proceedings in C.C.No.13477/2022, till the...

Criminal Antecedents, Facebook Posts Reveal Disrespect For Law: MP High Court Directs For Juvenile To Be Tried By Children's Court

In a matter involving the offence of murder, Madhya Pradesh High Court has allowed a plea for trying a juvenile before the Children's Court, after taking into account his criminal antecedents and Meta (formerly known as Facebook) posts about dominating others. The single judge bench of Justice Subodh Abhyankar held that any leniency shown to the accused will only 'promote his...

Plea In Madras High Court Seeks Regulation Of YouTube To Bring It In Conformity With Indian Laws, Social And Religious Restrictions

A Public interest litigation has been filed in the Madras High Court seeking to regulate and restrict the functioning of YouTube and bring it in conformity with Indian laws, and social and religious restrictions including forming a regulatory or advisory committee. When the matter was taken up, the bench of Acting Chief Justice D Krishnakumar and Justice K Kumaresh Babu said that...

Accused Cannot Unilaterally Ask Victim Or Witnesses To Undergo Narco Analysis/ Lie Detection Test To Prove Defence Case: Kerala High Court

The Kerala High Court has held that an accused cannot unilaterally demand the victim or witnesses to subject themselves to lie detection tests like Narco Analysis Test or Polygraph Test to prove defense case.The petitioner, who is the first accused in a sexual assault case has approached the High Court for conducting lie detection test on the minor victim and her parents to prove his...

Allegations Of Ill-Treatment By Man Against His Family Members Cannot Come U/S 498A IPC: Bombay High Court

In a significant ruling, the Bombay High Court has held that allegations of ill-treatment made by a man against his own family members will not fall within the ambit of section 498A (domestic violence) of the Indian Penal Code (IPC).A division bench of Justices Ajay Gadkari and Dr Neela Gokhale noted that in the instant case, the First Information Report (FIR) was lodged by a woman along with...

Jharkhand High Court Weekly Roundup: July 15 - July 21, 2024

Nominal Index [Citations: 2023 LiveLaw (Jha) 112-116]Smt. Meena Kumari Sinha v. M/s Maruti Suzuki India Ltd. & Ors. 2024 LiveLaw (Jha) 112XXX vs The State Of Jharkhand 2024 LiveLaw (Jha) 113Budhuwa Oraon V. .Ghura Oraon 2024 LiveLaw (Jha) 114 Ravi Shankar Mishra vs Union of India through Ministry of Home Affairs And ors 2024 LiveLaw (Jha) 115Shankar Singh V. The State of Jharkhand...

'FIR Lodged With Sadistic Intent': Punjab & Haryana High Court Imposes 1 Lakh Cost On Woman For Filing Cruelty Case Against 100% Disabled In-Laws

Expressing "shock at the utter callousness of the complainant", the Punjab & Haryana High Court has imposed an exemplary cost of Rs.1 lakh on a woman for lodging a complaint of physical cruelty against 100% disabled mother-in-law and father-in-law.The Court noted that the woman alleged that her in-laws who were found to be completely disabled, ran after her and hit her with a stick....

Calling New Criminal Laws By Abbreviations BNSS, BNS & BSA Not Illegal, Hard To Pronounce Titles Cause Lingual Barrier: Punjab & Haryana High Court

In a first, the Punjab & Haryana High Court has said that it will not be "violation of any law" if the new criminal laws will be called by their abbreviations i.e BNSS, BNS, BNA instead of using the complete titles in FIR, Petitions and orders to simply lengthy Hindi terminology.Justice Anoop Chitkara opined that, "creating a shared linguistic space for people with different...