High Courts
Liquor Policy: Delhi High Court Grants Bail To Sameer Mahendru, Chanpreet Singh In ED Case
The Delhi High Court on Monday granted bail to businessman Sameer Mahendru and Aam Aadmi Party (AAP) volunteer Chanpreet Singh Rayat in the money laundering case connected to the alleged liquor policy scam.Justice Neena Bansal Krishna allowed the bail pleas filed by Mahendru and Rayat. In October last year, a coordinate bench had refused to grant bail to Mahendru on medical grounds. It is...
When Can Second/Successive Plea For Pre-Arrest Bail Be Granted Under BNSS? Punjab & Haryana High Court Explains
The Punjab & Haryana High Court has observed that for a successive anticipatory bail petition to succeed under the BNSS, the petitioner is required to show substantial change in circumstances and "a mere superficial or ostensible change would not suffice."Justice Sumeet Goel clarified that, "No exhaustive guidelines can possibly be laid down as to what would constitute substantial change...
Distressing To See Women Dealing With Unwanted Pregnancies Alone: Bombay High Court Mulls Over Mechanism To Ensure Accountability Of Partners
The Bombay High Court last week expressed 'disturbance' over the predicament of young women, who are 'compelled' to move the court to get their 'unwanted' pregnancies terminated medically and in all this, the court said it is only the women who 'suffer' and not their 'partners.'Therefore, to provide 'succour' to such women, the division bench of Justices Ajay Gadkari and Dr Neela Gokhale...
Maintenance Tribunals Cannot Cancel Gift Deeds Merely On 'Vague Allegations' Of Senior Citizens Against Their Children: Bombay High Court
The Bombay High Court recently held that a Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 cannot cancel the 'gift deed' executed by a parent merely on the 'vague' allegations of 'non-maintenance' of the senior citizen by their children or the person, whom they have 'gifted' their property.Single-judge Justice RM Joshi on August 29 quashed...
Kerala High Court Temporarily Prohibits Elephant Transfers From Other States, Cites Large Number Of Deaths Due To Ill-Treatment In Captivity
The Kerala High Court has passed an interim order restraining the State Government and Chief Wildlife Warden from permitting the transfer of elephants from other states to Kerala.The Court passed the above order in a petition moved to restrain the transfer of elephants into the State under the Captive Elephant (Transfer & Transport) Rules, 2024. The Division Bench comprising...
“Assessee Entitled To Hearing If Pre-Deposit Is Made”: Gauhati High Court Grants Fresh Hearing
The Gauhati High Court while granting a fresh hearing to the assessee stated that the benefit of hearing has to be given to the assessee as the statutory deposit has already been made by the assessee. The Bench of Justice Arun Dev Choudhury observed that “This court though cannot find fault with the appellate authority in non-entertaining the appeal due to non-compliance of...
Garlic– Vegetable Or Spice In MP Krishi Upaj Mandi Law? High Court Upholds Order Reclassifying Garlic As Vegetable In Bye Laws
The Indore bench of the Madhya Pradesh High Court in a recent order discussed the classification of garlic–as a vegetable or as a spice–under the state's agricultural produce market law. The high court allowed a review plea filed by petitioner–Aaloo Pyaj Commission Agents which trades in garlic, and set aside an earlier order that curtailed the authority of the Managing Director of...
[S.138 NI Act] Complaint Is Maintainable Even If Cheque Is Dishonoured Due To 'Frozen Account': J&K High Court
The Jammu & Kashmir and Ladakh High Court has held that a complaint under Section 138 of the Negotiable Instruments Act, 1881, is maintainable even if a cheque is dishonoured with the reason 'Account Frozen'.Justice Rajnesh Oswal, hearing the matter, examined whether the complaint for dishonour of a cheque on the ground of 'Account Frozen' is maintainable under Section 138 of the...
[False Promise To Marry] PIL In Kerala HC Says Section 69 BNS Regressive Towards Woman's Status, Discriminates Against LGBTQ Community
A lawyer has filed a Public Interest Litigation before the Kerala High Court challenging the constitutionality of Section 69 of Bhaaratiya Nyaya Sanhita (BNS), which criminalises sexual intercourse by employing deceitful means, like false promise to marry.The petitioner has challenged the provision on the grounds that it violates the right of equality, right to expression and right to...
Rising Occurrences Of Illegal Buildings Has Detrimental Impact On Public Infra, Safety: Bombay High Court
Observing that the 'rising occurrence' of illegally constructed buildings has a detrimental impact on public infrastructure, the Bombay High Court recently denied anticipatory bail to a developer booked for constructing an illegal building that collapsed in July this year, in Navi Mumbai, Single-judge Justice Rajesh Laddha noted that the applicant - Mahesh Kumbhar, has been facing allegations...
Punjab & Haryana High Court Stays Arrest Of Accused Who Wrongly Sought Pre-Arrest Bail Under CrPC, Grants Time To File Under BNSS
The Punjab & Haryana High Court has stayed the arrest of an accused who had filed anticipatory bail plea under the Code of Criminal Procedure (CrPC) instead of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).Arshdeep Singh was apprehending arrest for an incident which allegedly occurred on July 18, 2024, as per the FIR. The plea was filed under Section 438 of the CrPC, 1973 which...
Suspicious Suppliers Being From Different States Is No Ground To Transfer Proceedings from State to Centre: Punjab & Haryana High Court
The Punjab and Haryana High Court stated that merely having information that suspicious suppliers are not located in the same state would not be ground to transfer proceedings from the state to the centre. The Bench consists of Justices Sanjeev Prakash Sharma and Sanjay Vashisth stated that “merely because the DGGI has information relating to similar fraudulent availment of ITC...