High Courts
NIA Act | Appeals Must Be Filed Before Division Bench Even If Order Is Passed By Sessions Court Acting In Absence Of Special Court: Jharkhand HC
The Jharkhand High Court has ruled that appeals related to scheduled offences under the National Investigation Agency (NIA) Act, 2008, must be filed before a Division Bench of the High Court, even when the original judgement or order is passed by a Sessions Court acting in the absence of a designated Special Court.In the ruling delivered by Justice Rajesh Shankar, it was observed, “Looking...
Incorrect To Say Vishalgadh Violence Was 'State-Sponsored' Violence: Maharashtra Govt Tells Bombay High Court
In a bid to defend itself from the criticism following the communal violence at the Vishalgadh Fort area in Kolhapur and the subsequent demolition drive to pull down allegedly 'illegal' structures of a particular community, the Maharashtra Government on Friday denied all the allegations made against it and told the Bombay High Court in clear terms that whatever violence took place was "not...
Absence Of Clear Guidelines For Recruitment Documents, Gauhati High Court Directs Appointment Of Applicant
A single judge bench of the Gauhati High Court comprising of Justice Sanjay Kumar Medhi, while deciding a writ petition held that in the absence of clear and proper guidelines for recruitment documents, an applicant cannot be denied appointment to the job post. Background Facts An advertisement was published on 24th June 2020 for filling 344 posts of Junior Engineer (Civil) under...
Gujarat High Court Rejects Asaram Bapu's Plea For Suspension Of Life Sentence In Rape Case, Says Challenge To Conviction Will Be Heard In Appeal
The Gujarat High Court on Thursday rejected Asaram Bapu's application for suspension of sentence, who was convicted by a sessions court last year in a 2013 rape case and sentenced to life imprisonment. After perusing through the sessions court judgment and "cursorily scanning" the evidence adduced before the trial court a division bench of Justice Ilesh J Vora and Justice Vimal K Vyas in...
Shashi Tharoor's 'Scorpion On Shivling' Remark Not Only Defames PM Modi, But Also RSS And BJP: Delhi High Court
The Delhi High Court on Thursday held that Congress MP Shashi Tharoor's “scorpion on Shivling" remark in 2018 not only defames Prime Minister Narendra Modi but also BJP and RSS and members of the party for having accepted the leadership. Justice Anoop Kumar Mendiratta said that the comment exemplifies that the Prime Minister Narendra Modi is unacceptable with many in the RSS establishment...
Child Cannot Be Left 'Stateless'; Even If Parents Give Up Indian Citizenship, Child Will Continue To Be Citizen: Bombay High Court
The Bombay High Court bench at Goa on Wednesday (August 28) held that a child cannot be denied Indian citizenship just because s/he lives with a single parent, who too is a foreign national.A division bench of Justices Makarand Karnik and Valmiki SA Menezes said a parent giving up Indian citizenship would not affect the citizenship status of the child, who got Indian citizenship by virtue...
Mere Desire Of Child To Be With One Parent Is Not A Ground To Decide Custody Matters: Bombay High Court
In a significant order, the Aurangabad bench of the Bombay High Court held that custody matters pertaining to a child cannot be decided merely on the basis of the 'desire' of the child of a tender age since there are possibilities of 'tutoring' the child.Single-judge Justice Kishore Sant upheld the May 9, 2024 judgment of a Family Court in Aurangabad, which granted custody of two minor boys of...
Husband Denies Marriage, Punjab & Haryana HC Allows Major Child's Paternity Test To Determine Maintenance Liability Towards Alleged Wife
In connection with a woman's maintenance claim under Section 125 CrPC, the Punjab and Haryana High Court has allowed DNA test of her major son to determine his paternity which will assist the Court in determining "whether an intimate relationship, in the nature of marriage", existed between the contesting husband and wife.Justice Harpreet Singh Brar said, "this Court is of the considered...
S.148 NI Act | Appellate Court May Relax Condition To Deposit Minimum 20% Fine If Exceptional Case Made Out: Andhra Pradesh High Court
The Andhra Pradesh High Court has clarified that the provision enabling an appellate court to suspend a conviction order under Negotiable Instruments Act, by directing deposit (under section 148) of minimum 20% of the fine or compensation awarded by the trial court, is discretionary in nature and not mandatory.The order was passed by Justice B V L N Chakravarthi in a criminal petition filed...
S. 27 Evidence Act | Discovery Of Facts Concerning Co-Accused Would Be Admissible To Establish Charge Of Conspiracy: Chhattisgarh HC
In a recent judgement, relying heavily on circumstantial evidence to establish the accused's connection to the crime, the Chhattisgarh High Court upheld the convictions of several individuals involved in a murder case which was centred around a conspiracy linked to an extramarital affair.In its judgement, the Court emphasised the application of Section 27 of the Indian Evidence Act, 1872, in...
Collapse Of Shivaji Maharaj Statue Brought 'International Shame' To India: PIL In Bombay High Court Seeks FIR Against PWD Engineers
A former journalist has approached the Bombay High Court seeking registration of First Information Report (FIR) against the engineers of the Public Works Department (PWD) of the Maharashtra government's Malwan Division, over the sudden collapse of the 40-feet grand statue of Chhatrapati Shivaji Maharaj at Sindhudurg district.Unveiled by Prime Minister Narendra Modi in the presence of...
'Rights Of Complainant-Accused Seriously Prejudiced', High Court Flags Pendency Of Cancellation Report With Police Superintendent For 7 Yrs
Observing that it seriously prejudices the rights of both complainant and accused, the Punjab & Haryana High Court has flagged the issue of cancellation reports pending consideration before concerned Superintendents of Police in Haryana for years.Cancellation report is filed by the police after investigation when no material is found against the accused to file the chargesheet.Justice...