[s. 323 CrPC] Magistrate Cannot Commit Case To Sessions Court Merely Due To Higher Punishment, Must Record Reasons: Bombay High Court

The Bombay High Court has held that though a Magistrate is empowered under Section 323 of the Code of Criminal Procedure to commit a case to the Court of Sessions at any stage of the inquiry or trial, such power cannot be exercised mechanically or solely on the basis of the severe nature of the punishment prescribed for the offence. The Court held that the Magistrate must form an opinion, supported by reasons, after discussing the evidence recorded before him, to conclude that the case ought to...

Kerala High Court Orders Reimbursement Of Expenses To Govt Employee Over Treatment Of Daughter's Rare Disease Outside State

In a recent ruling, the Kerala High Court ordered the state government to reimburse the treatment charges expended by a government school teacher for the treatment of his daughter's rare disease in a non-empanelled private hospital in Coimbatore.Justice Harisankar V. Menon relied on various decisions of the Apex Court and the judgment of the High Court in The General Manager and Anr. v. Rajam V.V., wherein the reimbursements not disbursed on technical grounds like treatment at non-empanelled...

NDPS Act | Rigours Of Section 37 Applies To Bail, Not On Securing Presence Of Accused After Summons: Madras High Court

The Madras High Court recently observed that the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act would not come into play with respect to the acceptance of bond for appearance. Justice L Victoria Gowri remarked that Section 37 comes into play only when the liberty of a person from custody is sought and not when the accused is merely securing appearance pursuant to the summons.For context Section 37 states that no person accused of an offence punishable...

Appointment Letter For Police Recruitment Can't Be Rescinded Over Non-Disclosure Of FIR Cancelled Before Application: P&H High Court

The Punjab and Haryana High Court has set aside the cancellation of appointment of a Haryana Police constable whose candidature was terminated for allegedly not disclosing an FIR that had already been cancelled by the trial court prior to submission of the application and attestation form.Justice Jagmohan Bansal referring to Punjab Police Rules (as applicable to Haryana) said, "There is no sub- column mandating the candidates to disclose status of an FIR which has already been cancelled. Column...

Look Out Circulars Affect Career, Personal Liberty; Meant For Exceptional Cases, Not Routine Matrimonial Disputes: AP High Court

The Andhra Pradesh High Court recently took note of the common trend of the state police of opening Look Out Circulares (LOCs) in a 'mechanical' manner against persons implicated in cases under Section 498-A IPC (now Section 85 BNS). The Court emphasized that such circulars, which curtail personal liberty, are meant for exceptional cases involving grave offences or threats to national security, not for routine disputes under Section 498-A IPC. With these observations, a bench of...

[Maharashtra Stamp Act] 'Power To Impound Affects Property Rights; Can Only Be Exercised By Registering Officer': Bombay High Court

The Bombay High Court has held that the power to impound an instrument under Section 33A of the Maharashtra Stamp Act, 1958, is a serious statutory power having direct civil consequences on the property rights of a citizen and therefore can be exercised only by the “Registering Officer” before whom the document was registered. The Court observed that Section 33A does not permit any other revenue authority or superior officer to assume such power merely on the basis of administrative hierarchy....

Resignation From Service Even On Medical Grounds Is Forfeiture Of Past Service, Not Eligible For Pension Benefits: Madras High Court

A full bench of the Madras High Court has clarified that resignation from service, even if for medical reasons, would result in forfeiture of past service and such a person would not be entitled to pensionary benefits. The bench of Justice SM Subramaniam, Justice D Bharatha Chakravarthy and Justice C Kumarappan held as under, “'Resignation' from a service or post as per Rule 23 of The Tamil Nadu Pension Rules, 1978 entails forfeiture of past service. Therefore, resignation from...

Allahabad High Court Decodes 'Ramcharitmanas Chaupai' For Advocate Who Quoted It Without Context; Rejects Belated Plea

In an interesting order passed recently, the Allahabad High Court (Lucknow Bench) decoded a Chaupai from Shri Ramcharitmanas, an epic poem in the Awadhi language by the 16th-century Indian poet Goswami Tulsidas, for a Lawyer.A bench of Justice Subhash Vidyarthi also delivered a sharp lesson to the counsel who attempted to rely on the verse without understanding its true context.Briefly put, a Writ plea filed by one Avanindra Kumar Gupta, who challenged an order passed by the State Information...

'No RTE Act Recognition': Kerala High Court Orders Closure Of School Imparting Preschool Education On Quran

The Kerala High Court recently ordered closure of a school that was teaching Quran and allied subjects to its students since it was running without valid recognition as per Section 18 of Right of Children to Free and Compulsory Education Act, 2009.Justice Harisankar V. Menon was considering two connected writ petitions, one of which was preferred by two persons, who had complained against the school. The complaint had led to a report by the Assistant Educational Officer addressed to the District...

State Authorities Bound To Register Marriages Solemnized Under Christian Marriage Act; Rajasthan 2009 Law No Bar: High Court

In a significant order passed last week, the Rajasthan High Court has directed the State authorities to mandatorily accept, record and register all Christian marriages solemnized in accordance with the Indian Christian Marriage Act, 1872 (ICM Act), in respect of which a certificate has been issued under the Act. In its detailed order, a Bench of Justice Pushpendra Singh Bhati and Justice Sangeeta Sharma has sought to clarify the prevailing confusion in the state regarding the interplay...

Managing Director Who Signed Dishonoured Cheques & Handled Day-To-Day Affairs Vicariously Liable U/S 141 NI Act: Kerala High Court

The Kerala High Court recently clarified that the managing director, who signed the dishonoured cheques and was in charge of the day-to-day affairs of a company accused of Section 138 of the Negotiable Instruments Act, is vicariously liable in the offence.Justice M.B. Snehalatha dismissed a revision petition filed by the 2nd accused in a cheque bounce case for which he was found guilty along with the accused company in which he was the managing director.The petitioner, as managing director, was...

Orissa High Court Orders Creation Of State Level Task Force For Checking Misuse Of 'State Emblem', Issues Directions

Taking misuse of the State Emblem of India seriously, the Orissa High Court has directed the State Government to create a State Level Task Force to monitor and review any suggestion, objection and/or report the misuse of the Emblem. Additionally, the Court also issued a slew of directions for preventing institutional as well as individual misuse of the Emblem.A Division Bench of Chief...