All High Courts
FIR In Rape Case Lodged On July 3 Under IPC Sections: Allahabad HC Questions SP On Not Invoking BNS Provisions
While dealing with a matter wherein an FIR (filed on July 3) in a Rape case had been registered under the Sections of the Indian Penal Code (IPC), the Allahabad High Court last week questioned the Superintendent of Police, Hamirpur, over not invoking the provisions under the Bharatiya Nyaya Sanhita (BNS). BNS, which replaced the IPC, came into effect on July 1, 2024, two days before...
Students Cannot Suffer For Faults Of University: Allahabad High Court Uphold Judicial Review Of "Erroneous" Answer Key
The Allahabad High Court has upheld judicial review of answer key which is “palpably and demonstrably erroneous” and is contrary to the published material which is read by students across the State. It has been held that students cannot be made to suffer for faults of the University in publishing wrong answer keys.“When the answers run contrary to the material published in a large number...
Pending Criminal Case Not Sole Ground To Cancel Arms License Unless Public Peace & Safety At Threat: Madhya Pradesh High Court
The Madhya Pradesh High Court has made it clear that if the licensing authority is satisfied that a person is involved in criminal activity and there is a possible threat to public safety and public peace, it may cancel such person's arms license.Majid Khan had filed a writ petition challenging cancellation of his arms license following registration of two criminal cases against him in 2018...
Inspect Safety-Compliance Of Billboards Across Ahmedabad: Gujarat High Court To City Municipal Commissioner
The Gujarat High Court has recently asked the Municipal Commissioner of the Ahmedabad to ensure that billboards/hoardings installed across the city are inspected and those set up without requisite permissions are removed immediately. A division bench of Chief Justice Sunita Agarwal and Justice Pranav Trivedi passed the order while hearing a Public Interest Litigation (PIL)...
Courts Cannot Supervise Police Investigations Or Order Arrests: Madhya Pradesh High Court
The Madhya Pradesh High Court has dismissed a petition seeking its intervention in the investigation of a criminal case. Justice GS Ahluwalia emphasized that courts cannot supervise police investigations or direct the arrest of accused persons, adding that such matters fall within the exclusive domain of the investigating authorities.The case stemmed from a writ petition filed by Jyotsna...
Levy Of Additional Compensation Noble: Allahabad HC Upholds Levy Of Penal Interest On Unpaid Additional Compensation During Pending Litigation
The Allahabad High Court has upheld the levy of penal interest by the Yamuna Expressway Industrial Development Authority on additional compensation which was not paid by the petitioner during the pendency of litigation.The Court held that “The interest acts as compensation for the period during which the petitioner was unjustly enriched by withholding the lawful dues owed to YEIDA. Interest...
Prohibition Of Child Marriage Act Supersedes Muslim Personal Law : Kerala High Court
The Kerala High Court has ruled that the Prohibition of Child Marriage Act, 2006 will supersede the Muslim Personal Law (Shariat) Application Act, 1937. The Court stated that every Indian citizen regardless of their religion and location is bound to adhere to the law prohibiting child marriage.Justice P. V. Kunhikrishnan stated that a person's primary status as a citizen of the country...
Privacy | S.184 BNSS Should Be Amended To Mandate Medical Examination Of Adult Rape Victims By Female Practitioners Only: Karnataka HC
The Karnataka High Court has urged the Central Government to amend Section 184 of Bharatiya Nagarik Suraksha Sanhita (BNSS) to provide that adult victims of rape be examined in hospitals by only female doctors, so as to protect their right to privacy.A single judge bench of Justice MG Uma directed the Central and State governments to ensure that till the amendment is brought, medical...
No Sufficient Cause: Rajasthan HC Declines To Condone 'Inordinate Delay' In Filing Appeal By Party Who Made Unsubstantiated Mental Illness Claims
The Rajasthan High Court has rejected an application for condonation of delay filed after 3 years due to the petitioner's alleged mental illness leading him to be unaware of the proceedings. A single bench of Justice Avneesh Jhinghan observed that the delay could not be condoned mechanically in the absence of any sufficient reason. It was found that the petitioner had failed to furnish...
It Is Not Permissible To Compare Competing Trademarks By Dissecting Its Parts: Delhi High Court Rules Against Loreal
While emphasizing that the object of examination is to ensure the compliance of the provisions of the Trademarks Act, the Delhi High Court held that no interference with the registration of the trademark would be warranted, unless it is prima facie established that the registration of the trademark falls foul of the provisions of the Act. The Division Bench of Justice Vibhu...
Ex-Union Minister Maneka Gandhi Moves Allahabad HC Challenging Election Of SP's RB Nishad As Sultanpur MP
Senior BJP leader, MP and former Cabinet Minister Maneka Gandhi has moved an election petition before the Allahabad High Court, challenging the election of Samajwadi Party MP Ram Bhuwal Nishad from Sultanpur LokSabha constituency. Nishad defeated Gandhi (then sitting MP, Sultanpur) by a margin of 43K+ votes in the recently concluded Lok Sabha Elections 2024. While Nishad got 4,44,330...
Rajasthan HC Denies Relief To Govt Job Aspirants Excluded From Selection Process For Improperly Filling OMR Sheet
The Rajasthan High Court has denied relief to candidates of a public examination, who incorrectly filled their OMR sheets after failing to follow instructions, leading to the rejection of their sheets from the evaluation process. The Court said:“It is of utmost importance that in order to preserve the sanctity of the selection process for filling up posts under public employmentthe...