High Courts
[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...
[PMLA] Quashing FIR On Technical Grounds In Predicate Offence Would Not Lead To Automatic Quashing Of ECIR: Madras High Court
The Madras High Court has ruled that when an FIR in the predicate offense is quashed on technical grounds, it will not lead to an automatic quashing of the Enforcement Case Information Report (ECIR). The bench of Justice SM Subramaniam and Justice V Sivagnanam ruled that the judgments in the case of Vijay Madanlal Choudhary cannot have a blanket application and shall be applied...
Allahabad High Court Dismisses PIL For Inclusion Of Taekwondo, Judo Karate As Regular Courses For Girls In Class 1 To 8
Recently, the Allahabad High Court dismissed a public interest litigation seeking inclusion of Taekwondo, Judo Karate Course as regular course for girls in class 1 to 8.Petitioner approached the High Court claiming that introduction of the aforesaid as regular courses would help the girls in becoming independent, self-confident and help them in facing all difficulties they may encounter in...
Great Grandchild Not A 'Dependent' Of Freedom Fighters: Allahabad High Court
The Allahabad High Court has held that a great grandchild is not a 'dependent of freedom fighters' under Section 2 (b) of U.P. Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993.The Court relied on Krishna Nand Rai Vs. State of U.P. and 2 others where the Allahabad High Court held that a great grandson is not included within...
Disclosure Of Rape Victim Identity Via WhatsApp Group Also Barred: Jharkhand High Court Upholds Charges Against Jamtara MLA
The Jharkhand High Court has declined to quash charges against Jamtara MLA and Minister for State's Rural Development, Dr. Irfan Ansari, who has been accused of circulating the identity of a minor rape victim to the media via WhatsApp. A single bench of Justice Arun Kumar Rai referred to Section 228A IPC which prohibits printing or publishing the name or rape victim identity in any matter....