High Courts
Delhi Riots: High Court Restrains Trial Court From Passing Final Orders On Framing Of Charge Till Sept 23
The Delhi High Court has temporarily restrained the trial court, hearing the Delhi Riots larger conspiracy case, from passing any final orders in the matter.Single bench of Justice Neena Bansal Krishna made the direction while hearing a petition filed by Devangana Kalita, one of the accused in the case, seeking certain videos of the CAA-NRC protests and chats of WhatsApp groups gathered by...
Allahabad High Court Directs No Coercive Action To Be Taken Against Brother Of Man 'Lynched' Over Suspicion Of Dacoity
The Allahabad High Court on Monday directed that no coercive steps be taken against a man (Mohd. Zaki) whose brother (Mohammad Fareed) was allegedly lynched by a mob in Aligarh last month on suspicion of committing dacoity. Mohammed Farid, alias Aurangzeb, was allegedly assaulted with iron rods over suspicion of committing theft at the house of a cloth trader. Eleven days after...
Sikkim High Court Holds Full Court Reference To Condole Demise Of Former Acting Chief Justice Malay Sengupta
The Sikkim High Court held a Full Court Reference to condole the demise of Justice Malay Sengupta, former Acting Chief Justice of the High Court.Justice Malay Sengupta, who served as a Judge to both Calcutta and Sikkim High Courts, had passed away on September 05.Before his elevation as High Court Judge in 1995, he held important positions of Senior Law Officer, Metro Railway, Kolkata...
FSL Report Was Not Duly Proved In Trial: Punjab & Haryana High Court Sets Aside NDPS Conviction After 20 Yrs
The Punjab & Haryana High Court has set aside a 2005 conviction under the Narcotic Drugs And Psychotropic Substances Act (NDPS Act) observing that the trial court failed to comply with the provision of Section 294 CrPC. The accused was convicted for transporting a huge commercial quantity of contraband and sentenced to 15 years in 2005.According to Section 294 CrPC, where any document...
[Justice Hema Committee Report] Director Vinayan Moves Kerala HC Challenging Inclusion Of B Unnikrishnan As Member In Draft Policy Committee
A plea has been moved by prominent South Indian Film Director Vinayan challenging the government order dated July 15, 2023, that appointed Director B Unnikrishnan, the secretary of the Film Employees Federation of Kerala (FEFKA) as a member of the committee for the formulation of policy related to cinema based on the Justice Hema Committee Report.The draft policy committee constituted in...
S. 17A PC Act | Preliminary Enquiry Against Unknown Offenders Not Strictly Barred: Delhi High Court
In a significant development, the Delhi High Court observed that although there's no bar to initiating preliminary enquiry against unknown public officials under the Prevention of Corruption (Amendment) Act, 2018 no case could be registered against such unknown officials unless previous sanction is obtained from the competent authority.“The preliminary enquiry against unknown persons may not...
PIL In Allahabad High Court Seeks CBI Probe Into LoP Rahul Gandhi's Citizenship
A Public Interest Litigation (PIL) plea has been moved before the Allahabad High Court to direct the Central Bureau of Investigation to register a Regular Case (RC) under the provisions of the Bharatiya Nyaya Sanhita against Congress leader and LoP in LokSabha Rahul Gandhi and conduct a detailed probe into his alleged British Citizenship. The PIL Plea also seeks to set aside...
Vehicle Owners Cannot Be Penalised For Glazing Windows With Plastic Film If They Conform To Stipulated Standards & Specifications: Kerala HC
The Kerala High Court held that motor vehicles cannot be penalised for using Safety Glass or Safety Glazing including glazing with plastics in their windscreens or window glasses if they comply with stipulated standards and specifications.The Court was considering whether motor vehicle owners using safety glazing complying with the Standards of Visual Transmission of Light (VLT) as per Rule...
Kerala High Court Quashes Case Against Police Officer For Remarks Against Walayar Rape Victims, Asks DGP To Consider Action Against News Channel
The Kerala High Court has quashed the criminal case filed against Superintendent of Police M. P. Sojan for making distasteful comments against the child victims in Walayar rape case. He was booked under Section 23(1) Prevention of Children from Sexual Offences Act (POCSO Act) for making comments against the children in '24 News' channel. The Court said that at the time of making of the...
Disputes Exceeding Rent Control Act Threshold Are Arbitrable If Lease Agreement Includes Arbitration Clause: Calcutta High Court
The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that when the total monthly payable amount surpasses the threshold for invoking the provisions of the Rent Control Act, the dispute becomes subject to arbitration if the lease agreement contains an arbitration clause. Further, the bench held that in a petition filed under Section 11 of the...
Court Cannot Assess "Functional Disability", Domain Of Experts: Delhi High Court Denies Relief To MBBS Aspirant With Missing Fingers
The Delhi High Court has declined the plea of a medical aspirant with "missing multiple fingers", seeking admission into MBBS course.The bench of Justice Swarana Kanta Sharma made it clear that it cannot delve into expert domains like assessing the "functional disability" of a medical aspirant and "the evaluation of the petitioner‟s ability to pursue the course, and later practice as a...
Kerala HC Invokes 'Parens Patriae' Jurisdiction To Protect Vulnerable Minors, Allows Mother To Take Children To UAE Without Father's Consent
The Kerala High Court has permitted a mother to take her minor children to UAE by invoking its parens patriae jurisdiction. The Court stated that constitutional courts can invoke parens patriae jurisdiction to protect the rights of vulnerable adults and minors. A petitioner mother has approached the Court seeking permission to take her children to the UAE to obtain permanent residency, as...