All High Courts
UP 'Anti-Conversion' Law Seeks To Sustain Spirit Of Secularism; Religious Freedom Doesn't Include Collective Right To Proselytize: Allahabad HC
Last week, the Allahabad High Court observed that the purpose of the UP Prohibition of Unlawful Conversion of Religion Act, 2021, is to guarantee religious freedom to all persons, reflecting India's social harmony and spirit. The objective of this Act is to sustain the spirit of secularism in India. A bench of Justice Rohit Ranjan Agarwal further said that while the...
Personal Liberty: Rajasthan HC Converts NBW Into Bailable, Says Arrest Order Can't Be Passed Mechanically For Mere Production In Court
Rajasthan High Court recently modified a trial court order issuing non-bailable warrants against an individual accused in a dowry complaint on their failure to appear before the court, irrespective of the fact that a negative final report was filed by the investigation officer in the case.The bench of Justice Arun Monga observed that personal liberty of a citizen could not be taken so lightly...
[S.306 IPC] Momentary Disagreement Leading Person To Resort To Extremities Cannot Be Termed As Abetment To Suicide: Calcutta High Court
The Calcutta High Court has recently quashed a case for abutment to suicide against a wife who was alleged of inducing her husband to commit suicide by failing to inform him of her previous marriage,In quashing the charges against her, a single bench of Justice Ananya Bandopadhyay held:Human psychology and mental state cannot be generally equated which varies from person to person. Egregious...
Drug Smuggling | 'NCB & State Police Embroiled In Conflict To Attribute Criminal Liability To Each Other': Rajasthan HC Transfers Case To CBI
The Rajasthan High Court took up a peculiar case concerning drug smuggling wherein the Narcotics Control Bureau (“NCB”) and the Rajasthan State Police were accusing each other's officials of being involved with an accused in the case and had filed counter cases against one another. Due to the complexity of the matter, Justice Arun Monga directed the investigation to be transferred to...
Since BNS, BNSS Have Been Enacted, Allahabad High Court Disposes PIL Challenging Validity Of IPC, CrPC And Other Criminal Laws
Recently, the Allahabad High Court disposed of a public interest litigation wherein the petitioner sought a declaration that the Indian Penal Code, 1860, the Code of Criminal Procedure, 1973 and other criminal laws were violative of Article 13 and 21 of the Constitution of India.Petitioner appearing in person argued that the laws were non-reformative and more punishment oriented.The...
No Construction Or Excavation Activity Can Be Permitted On Land Earmarked For 'Social Forestry': Madhya Pradesh High Court
The Madhya Pradesh High Court has dismissed a writ petition challenging the cancellation of a No Objection Certificate (NOC) granted for operating a stone-cutting plant on land allegedly earmarked for social forestry. A bench of Justice Anand Pathak upheld the decision of the Sub-Divisional Officer (SDO), Forest, Ghatigaon, to cancel the NOC, emphasizing that the land in question was...
S.19 HMA | Family Court Can Only Decline Jurisdiction Upon Objection Of Opposite Party Or On Transfer Order By Superior Court: Allahabad HC
The Allahabad High Court has held that if Family Courts at two places have concurrent jurisdiction over divorce proceedings, one of them can only decline entertaining such petition on grounds of jurisdiction if specific objection is pressed by the other side or an order transferring the proceedings has been passed by a superior court.Section 19 of the Hindu Marriage Act, 1955 vests...
[Article 226] Writ Courts Cannot Assess Quantum Of Damages Or Compensation, Requires Adjudication By Appropriate Forum: Jharkhand HC
The Jharkhand High Court has held that a writ court operating under Article 226 of the Constitution of India cannot assess the quantum of damage or compensation, as such an assessment requires adjudication through evidence, which is the jurisdiction of another appropriate forum.The division bench comprising Acting Chief Justice Sujit Narayan Prasad and Justice Arun Kumar Rai observed,...
[S.3(2) Trademarks Act] Associate Managers In Trademark Registry Not Empowered To Pass Quasi-Judicial Orders: Calcutta High Court
The Calcutta High Court has held that associate managers appointed under Section 3(2) of the Trademarks Act cannot pass quasi-judicial orders since they were not empowered to do so by virtue of their appointment as contractual employees.A single bench of Justice Krishna Rao held:The Registrar dealing with an application under the Trade Marks Act is a quasi judicial and delegation of power...
Reassessment Notices & Order Passed Contrary To Notified Mandatory Faceless Procedure U/s 151A Are Liable To Be Quashed: Bombay HC
While observing that the Scheme notified by the Central Government does not envisage exclusion of provisions of Section 148A as the procedure outlined within the said provisions are inextricably linked to Section 148, the Bombay High Court quashed the entire exercise undertaken by the Jurisdiction AO u/s 148A outside the faceless mechanism. Section 148A of the Income Tax Act states...
Weekly Digest Of IBC Cases: 29th July To 4th August 2024
High Court Stakeholders Can't Impose Penalties, Claim Dues From Corporate Debtor After Approval Of Resolution Plan: Delhi High Court Case Title: OCL Iron and Steel Limited vs Union of India Citation: 2024 LiveLaw (Del) 862 Case No.: W.P.(C) 8316/2024 & CM APPLS. 34076/2024, 38159/2024 The Delhi High Court single bench of Justice Sanjeev Narula held once a resolution...
'Umrah' Is A Journey Of Devotion To Allah: Allahabad HC Permits Woman Accused In A Cheating Case To Travel To Saudi Arabia
The Allahabad High Court last week permitted a woman accused in a cheating and forgery case to travel to Saudi to perform the Umrah pilgrimage. “Umrah is a journey to Muslim's most sacred place. 'Umrah' is known as minor pilgrimage while 'Hajj' is the main pilgrimage. 'Umrah' is considered as a journey to holiest place of Muslim's and a journey of devotion to Allah,” a...