High Courts
Special Appeals Against Contempt Court Order Maintainable Only When Finding On Merits Of Original Dispute Is Returned: Allahabad High Court
The Allahabad High Court has held that Special Appeals under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 are maintainable against order of the Single Judge in Contempt jurisdiction only when the Contempt Court oversteps its jurisdiction and enters into merits of the original dispute between the parties.The bench of Chief Justice Arun Bhansali and Justice Jaspreet Singh sitting...
Rajasthan HC Upholds 33-Year-Old Conviction For Culpable Homicide Not Murder But Orders Release Of Convicts Citing Their "Long Ordeal"
While upholding a 33-year-old order convicting four men for culpable homicide not amounting to murder, the Jaipur bench of the Rajasthan High Court reduced their seven year sentence to period already undergone in prison observing that they had to pass through a long ordeal both mentally and financially. A single judge bench of Justice Anoop Kumar Dhand in its September 19 judgment said,...
Justice Nitin Madhukar Jamdar Sworn In As The Chief Justice Of Kerala High Court
Justice Nitin Madhukar Jamdar was sworn in as the Chief Justice of Kerala High Court today (September 26, 2024) at 10 am at Raj Bhavan, Thiruvananthapuram. The oath of office was administered by Governor Arif Mohammed Khan. Chief Minister Pinarayi Vijayan was also present during the swearing in ceremony. Justice Jamdar was appointed as a judge of the Bombay High Court on January 23, 2012. He...
Family Members Are Natural Witnesses, Cannot Be Deemed To Be 'Interested' Parties Due To Relation With Victim: Jharkhand High Court
The Jharkhand High Court has held that family members of a victim are natural witnesses to an incident and cannot be deemed biassed solely because of their close relationship to the victim. The division bench, comprising Justices Ananda Sen and Gautam Kumar Choudhary, rejected the argument made by the appellants that independent witnesses did not support the prosecution's case, while...
Madras High Court Issues Notice On Plea Seeking Direction To Trial Courts To Refrain From Mentioning Caste, Religion Of Witnesses
The Madras High Court has issued notice on a public interest litigation seeking a direction to the trial courts in the state judiciary to refrain from mentioning the caste and religion of witnesses in the depositions and any other documents, unless it is directly relevant to the case. The bench of Justice R Subramanian and Justice Victoria Gowri ordered notice on a plea filed by...
Presumption U/S 90 Of Evidence Act Applies When Will Which Is Over 30 Yrs Old Is Produced From Proper Custody: Madras High Court
The Madras High Court recently observed that when a Will, which is more than 30 years old, is produced from proper custody, the presumption under Section 90 of the Indian Evidence Act would be applicable to such will. According to Section 90 of the Indian Evidence Act (Section 92 of Bharatiya Sakshya Adhineeyam) when any document, purporting or proved to be 30 years old, is produced...
"Islamophobia On The Rise In India": Plea In Bombay HC Seeks FIR Against CM Eknath Shinde, BJPs Nitesh Rane For Allegedly Hurting Religious Sentiments
A Bandra-resident has moved the Bombay High Court seeking directions to the Maharashtra Police to register a criminal case against Chief Minister Eknath Shinde and BJP legislator Nitesh Rane, for allegedly hurting the religious sentiments of the Muslim community and also for supporting or protecting the persons, who have been recklessly making objectionable comments against Prophet...
Loss Caused To Hundreds Of Home-Buyers: Punjab & Haryana HC Directs Trial Court To Conclude Trial Of Realtor In Fraud Case Within 4 Months
The Punjab & Haryana High Court said that a Court is obligated to ensure that 'justice not only has to be done but it should look to have done', while directing the trial court to conclude trial within four months in a complaint pertaining to fraud allegedly committed upon home buyers by Punjab realtor Jarnail Singh Bajwa.Justice Sandeep Moudgil said, "Speedy trial secures rights to...
'Cannot Assume Careless Omission By Legislature': Delhi HC Holds Section 174-A IPC To Fall Within Bar Of Section 195 Cr.P.C
The Delhi High Court has observed that cognizance of offence under Section 174-A IPC is covered by the bar under Section 195(1)(a)(i) Cr.P.C, which requires that cognizance of offences under Sections 172 to 188 IPC could only be taken on a complaint in writing by the public servant.The Court noted that Section 174-A, which penalizes the non-appearance of a proclaimed offender at a specified...
Punjab & Haryana High Court Imposes Cost On University For Arbitrarily Denying Gold Medal To Student
Observing that educational institutions are supposed to not only be sensitive towards the careers of their students but they are also supposed to adhere to their own Rules, the Punjab & Haryana High Court imposed a cost of Rs.25,000 on a university for "arbitrarily" denying Gold Medal in MSc to a student.Justice Jasgurpreet Singh Puri said, "The respondent-University is an...
Assessing Officer Can't Issue Reassessment Notice On Mere 'Change Of Opinion' About Material Already Available At Time Of Scrutiny: Gujarat HC
The Gujarat High Court has reiterated that an Assessing Officer under the Income Tax Act 1961 cannot issue notice for re-assessment of income under Section 148, on mere “change of opinion” on the material which was already furnished by the assessee at the time of scrutiny under Section 143(2).Division bench of Justice Bhargav D. Karia and Justice Niral R. Mehta observed, “In our...
Female Lawyer Accuses Clerk Of Molesting Her Inside Calcutta High Court Elevator
A female lawyer at the Calcutta High Court has accused a male clerk of molesting her inside an elevator at the Calcutta High Court on Monday morning.According to reports, the lawyer stated that she was molested by the accused- a clerk working for an advocate when she was alone in the elevator with him.It was stated that the Group-D employee had also made advances on her before, promising...