High Courts
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....
Employee's Performance Assessment Must Be Limited To Specified Year, Incidents Beyond Not Ground To Upgrade/ Degrade: Delhi High Court
The Delhi High Court has observed that the assessment of an employee for a particular year must be based solely on their performance during that year, and incidents beyond the period covered by the Annual Performance Appraisal Report (APAR) cannot be used to either downgrade or upgrade an employee's rating.This observation was made by a division bench comprising Justices Shalinder Kaur And...
AP High Court Reprimands Dr KA Paul For Calling Judge 'Mad' While Appearing In-Person, Warns Of Contempt Proceedings If He Doesn't Appoint Lawyer
Recently, when Dr. K.A. Paul a humanitarian and evangelist was permitted to represent himself in a review petition challenging an order passed by the Andhra Pradesh High Court in a criminal plea, he commented that “the Judge has gone so mad in passing the order.” Further, when he was reprimanded, he stated “I have been misunderstood. The said statement is for the 'District...
Referral Court Under Section 11 Can't Decide The Arbitrability of Non-Notified Claim: Delhi High Court
The Delhi High Court bench of Justice C. Harishankar, while deciding a Section 11 application, has held that a referral court under Section 11 cannot examine the arbitrability of non-notified claims. After the SBI General Insurance Co Ltd v. Krish Spinning judgment, the arbitral tribunal will decide on the arbitrability of disputes. Facts: The appellant and respondent entered...
Maharashtra Police Not Serious About Probing Crimes Against Women & Children, Where Should Hapless Victims Go? Bombay High Court Remarks
If police in Maharashtra are going to be insensitive towards women and show their 'lackadaisical' attitude in investigating crimes against women and children, where should the poor, hapless women go? the Bombay High Court orally remarked on Wednesday while criticising the 'shoddy' probes in numerous cases pertaining to crimes against women.A division bench of Justices Ajay Gadkari and Dr...
Whether All Criminal Pleas Filed After 1st July 2024 Will Be Governed By BNSS? Punjab & Haryana High Court Refers Issue To Larger Bench
The Punjab and Haryana High Court has referred the issue of applicability of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) to a larger bench.Justice Harpreet Singh Brar disagreed with the opinion in Axxx v. UT Chandigarh where Justice Sumeet Goel had held that if a FIR is lodged under IPC but the application or petition in relation to it is filed after July 01, then provisions of BNSS...
Delhi High Court Grants Bail To Hyderabad Businessman Arun Pillai In Money Laundering Case Linked To Excise Policy
The Delhi High Court on Wednesday (September 11) granted bail to Hyderabad-based business Arun Ramchandran Pillai in a money laundering case linked to the now scrapped excise policy. A single judge bench of Justice Neena Bansal Krishna in its judgment, referred to the Supreme Court's decision in Manish Sisodia v Enforcement Directorate and observed that the "triple test" for grant of bail...