All High Courts
Delhi's Population Increasing Due To Subsidies But Infrastructure Is Outdated: High Court Constitutes Committee For Structural Reforms
The Delhi High Court on Friday constituted a Committee to revamp and reform the physical, financial and administrative infrastructure of the national capital.“Whole Delhi infrastructure, physical and administrative, needs a relook,” a division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela said. The Committee will be headed by the Chief Secretary of...
Karnataka HC Quashes Drug Case Against Columbia University Student, Says Uncorroborated Confession Of Co-Accused Not Sufficient To Implicate Him
The Karnataka High Court has quashed proceedings initiated under provisions of the Narcotic Drugs and Psychotropic Substances (NDPS) Act against a student who is pursuing higher studies at Columbia University, USA.A single judge bench of Justice M Nagaprasanna said,“The petitioner, who is a student pursuing his Masters elsewhere, beyond the shores of the nation, should not be made to suffer...
Settlement Affidavit Cannot Be Relied On To Quash Rape Case, Nature Of Victim's Relationship With Accused To Be Decided In Trial: Kerala HC
The Kerala High Court has stated that serious offences alleged against the accused like rape cannot be quashed merely based on a settlement affidavit filed by the defacto complainant.Justice A. Badharudeen dismissed the petition filed by the accused stating that whether the relationship was consensual or not were matters to be decided in a trial. It was held that:“Whether the relationship...
Jammu And Kashmir High Court Orders IAS Officer To Appear In Criminal Contempt Case Following Alleged Harassment Of Judicial Officer
The Jammu and Kashmir and Ladakh High Court has issued a stern order against Shyambir Singh, Deputy Commissioner of Ganderbal, instructing him to appear in person to answer charges of criminal contempt.Following a reference made by the Chief Judicial Magistrate of Ganderbal, Justices Atul Sreedharan and Sanjeev Kumar observed, “Issue notice to the contemnor, Mr Shyambir by Humdast. ...
[S.73 Evidence Act] Trial Court Is Empowered To Compare Disputed Handwriting In Cheque Dishonour Cases: Kerala High Court
The Kerala High Court held that a Trial Court can compare the disputed handwriting and prove the handwriting of a person in a case where the accused had already admitted his signature in a cheque dishonour case. In the present case, the accused was charged under Section 138 of the Negotiable Instruments Act and had claimed that while the signature on the offending cheque was his, the contents...
'Voluntary Intoxication Not A Defence': Orissa High Court Upholds Man's Conviction For Strangulating & Beheading Mother
The Orissa High Court has upheld the conviction and life term of a man who was held guilty for strangulating and severing the head of his own mother under the influence of ganja.Declining to interfere with the trial Court judgment, the Division Bench of Justice Sangam Kumar Sahoo and Justice Chittaranjan Dash held:“The instant case has exposed this Court to a very unfortunate set of facts...
Breaking | Delhi High Court Orders CBI To Probe Death Of Three Civil Aspirants In Coaching Centre Tragedy
The Delhi High Court on Friday ordered Central Bureau of Investigation (CBI) to probe the deaths of three civil services aspirants due to drowning in a IAS coaching centre basement in Rajendra Nagar.A division bench comprising Acting Chief Justice Manmohan and Justice Tushar Rao Gedela passed the direction looking at the “seriousness of incident and that it may involve corruption by...
Courts Cannot Assess If A Dog Is Aggressive: Bombay HC Orders Animal Welfare Committee To Resolve Dog Feeding Dispute In Housing Society
The Bombay High Court on Friday while directing the Brihanmumbai Municipal Corporation (BMC) to constitute an Animal Welfare Committee (AWC) for a society in suburban Mumbai, to deal with the menace of stray dogs, said courts cannot assess if the dogs are aggressive and as to what makes the animals aggressive.A division bench of Justices Mahesh Sonak and Kamal Khata said it will not get into...
Defence Of Accused Cannot Be Looked Into While Considering His Discharge Petition: Jharkhand High Court Reiterates
The Jharkhand High Court has reiterated that the defense of the accused cannot be considered when considering a discharge petition.Justice Pradeep Kumar Srivastava, who presided over the case, remarked, "It appears that the points raised as a basis of discharge of the petitioners pertains to their defence in the case. The truth or falsify of the case could be decided only at the trial...
Once Sale Deed Is Executed And Stamped, Sale Agreement Can No Longer Be Independently Subjected To Stamp Duty: Karnataka High Court
The Karnataka High Court has held that once a sale deed has been duly executed and stamped, the agreement of sale can no longer be independently subject to stamp duty as it has merged into the sale deed.A single judge bench of Justice Sachin Shankar Magadum allowed a petition filed by Nagamma and others and set aside the order of the trial court which in a partition suit, had impounded...
Trial Court Can't Recall Witness U/S 311 CrPC On Prosecution's Mere Claim That Testimony Was Under Duress: MP High Court
The Madhya Pradesh High Court has made it clear that power to recall witness under Section 311 CrPC cannot be exercised routinely, on mere allegation that initial testimony of the witness was made under duress.Justice Dinesh Kumar Paliwal held that when witnesses have not made any complaint to the police or to Court and there is nothing on record to show that at the time of tendering...
Breaking: Delhi High Court Upholds Bibhav Kumar's Arrest In Alleged AAP MP Swati Maliwal Assault Case
The Delhi High Court on Friday upheld the arrest of Chief Minister's close aide Bibhav Kumar in the alleged AAP MP Swati Maliwal assault case. Justice Neena Bansal Krishna rejected the plea filed by Kumar. Kumar was denied bail by the trial court twice. His bail plea was also rejected by the Delhi High Court last month, observing that his arrest by the Delhi Police is illegal and in...