High Courts
Presumption Of Innocence Until Proven Guilty Not Just Legal Principle But A Fundamental Human Right: Kerala High Court
The Kerala High Court has held that the presumption of innocence until proven guilty is a fundamental human right for the accused. The Court stated that even if a specific statute provides an exception that presumes the guilt of the accused, it must adhere to the standards of reasonableness and personal liberty guaranteed by the Constitution under Articles 14 and 21 of the...
Unexplained Long Delay Fatal To Prosecution: Kerala High Court Quashes Rape Case Filed After 16-Yr Delay
The Kerala High Court recently quashed criminal proceedings initiated against the petitioner on finding that the prosecution failed to explain the delay of 16 years in filing the rape case. The de facto complainant alleged that the petitioner subjected her to rape in the year 2001, and First Information Statement was given in 2017 only. The Court noted that the delay of 16 years in filing...
Political Party Can't Sponsor Print Media For Political Purposes To Make Defamatory Imputations Against Rivals: Delhi High Court
The Delhi High Court has observed that a political party cannot be permitted to sponsor the print media for political purposes to make false and defamatory imputations on rival parties.“Under the constitutional scheme, the citizens have a right to know the truthful and correct information, in order to form appropriate opinion about the social processes. However, at the same time, a...
Consider Objections Before Giving Clearance Certificate To Movie 'Emergency' : Madhya Pradesh High Court Directs CBFC
Today, the Central Board of Film Certification (CBFC) submitted before the Madya Pradesh High Court that an application for certification of the Kangana Ranaut-starrer movie Emergency is pending consideration and no certificate has yet been issued to the film, which was earlier scheduled to release on September 6.The Deputy Solicitor General, appearing for the Union of India,...
Delhi High Court Restrains T-Series From Using 'Aashiqui' Title In Trademark Infringement Suit By Mukesh Bhatt's Firm
The Delhi High Court has restrained film production company T-Series from using titles “Tu Hi Aashiqui”, “Tu Hi Aashiqui Hai” and “Aashiqui” in respect of an upcoming film. Justice Sanjeev Narula granted an interim injunction in favour of Vishesh Films, a film company owned by Mukesh Bhatt, in a trademark infringement suit filed against Super Cassettes Industries Private...
Jurisdiction To Decide Guardianship Of Hindu Child Below 5 Yrs Lies Where Child Actually Resides, Not Where Mother Resides: Punjab & Haryana HC
The Punjab and Haryana High Court has made it clear that application seeking guardianship of a minor, particularly one aged below 5 years of age, will lie to the district where the child actually and physically resides.Bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said merely because as per Section 6(a) of the Hindu Minority and Guardianship Act, 1956 custody of a minor who...
Substantial Question Is Absent To Entertain Appeal U/s 260A: Madhya Pradesh HC Confirms Deletion Of Addition U/s 68
Finding that the legal principles have been properly applied by the Tribunal in appreciating the evidence and no substantial question has arisen for consideration, the Madhya Pradesh High Court confirmed the action of the Tribunal in deleting the additions made u/s 68. As per Section 68 of Income tax Act, where any sum is found credited in the book of an assessee maintained...
Bombay High Court Issues Notice On NCP Leader Jitendra Awhad's Plea To Club 3 FIRs Filed Against Him For Tearing Dr Ambedkar's Photo
The Bombay High Court on Tuesday issued notice on a plea filed by senior NCP (Sharad Pawar faction) leader Jitendra Awhad, who has sought clubbing of the multiple First Information Reports (FIRs) lodged against him for allegedly tearing the photograph of Dr BR Ambedkar while staging a protest to the Maharashtra government's decision to include Manu Smriti's controversial writings in the...
Tax Liability Already Attaining Finality Under VSV Can't Be Altered By Invoking Rectification Action U/s 154: Delhi High Court
The Delhi High Court held that when the determination as carried out by the Designated Authority has finality, it cannot possibly be reopened or revised by any authority under the Income Tax Act by taking recourse to a power u/s 154 which may otherwise be available to be exercised. The High Court held so after finding that the Revenue initiated the rectification action after...
Karnataka HC Declines To Quash Molestation Case Against Astrologer Accused Of Touching Woman Inappropriately To 'Fix' Her Kundali
The Karnataka High Court has refused to quash proceedings initiated against an astrologer who outraged a woman's modesty by inappropriately touching her under the guise of performing puja to set right her kundali. The Court also declined to quash charges against the woman's husband who took her to the astrologer and threatened her to not reveal her ordeal to anyone else.A single judge bench...
Bar On Anticipatory Bail U/S 482 BNSS In Certain Rape Cases Involving Minors Not Absolute: Punjab & Haryana High Court
The Punjab and Haryana High Court has held that bar on grant of anticipatory bail plea under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in certain cases of rape involving minors is not absolute.Section 482 BNSS bars grant of bail to a person booked under Section 65 and Section 70(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS). Section 65 BNS relates to rape of women under age...
Orissa High Court Chief Justice Chakradhari Sharan Singh Stresses On Inclusion & Rights Of Divyang Children In Juvenile Justice System
The Juvenile Justice Committee (JJC) of the Orissa High Court organized a State Level Consultation on Effective Implementation of Juvenile Justice Act and the Protection of Children from Sexual Offences Act (POCSO Act). The flagship annual event of the JJC this year specifically focussed on the rights of children with disabilities.The event, which was organized in collaboration with...