All High Courts
AAP Leader Somnath Bharti Moves Delhi High Court Challenging Election Of BJP MP Bansuri Swaraj
Aam Aadmi Party (AAP) leader Somnath Bharti has moved the Delhi High Court challenging the election of BJP's Bansuri Swaraj as Member of Parliament from New Delhi Parliamentary Constituency in the Lok Sabha Polls, 2024, on the grounds of 'corrupt practices'. The matter will be heard on Monday by Justice Manmeet Pritam Singh Arora. Bharti also contested the seat but was declared as lost by...
'Uniform Civil Code' (UCC) Needed In India To Curb Many Prevalent Fundamentalist Practices Disguised As Faith & Belief: MP High Court
In a significant observation, the Madhya Pradesh High Court last week stressed the need for a Uniform Civil Code (UCC) in India to counteract many 'deprecating', 'fundamentalist', 'superstitious' and 'ultra-conservative' practices prevalent in the society, clothed in the name of faith and belief."There are a lot of other deprecating, fundamentalist, superstitious and...
Umar Khalid Moves High Court Seeking Bail In Delhi Riots Larger Conspiracy Case, Hearing On Monday
Umar Khalid has moved the Delhi High Court seeking bail in connection with the Delhi riots larger conspiracy case registered under the Unlawful Activities (Prevention) Act.A division bench comprising of Justice Prathiba M Singh and Justice Amit Sharma will hear the matter on Monday. Khalid's second bail plea was denied by the trial court on May 28. He has challenged the said order in...
Special Judge Went Into Mini Trial At Cognizance Stage: MLA Mathew Kuzhalnadan Opposes Dismissal Of Complaint In CMRL Pay-Off Case
In the CMRL Pay-Off Case, MLA Mathew Kuzhalnadan yesterday argued that the Special Judge (Vigilance) went into a mini-trial to exonerate the Chief Minister Pinarayi Vijayan of all the allegations at the stage of taking cognizance of the complaint, without even examining him.Justice K Babu was hearing the review petition filed by MLA Mathew challenging the decision of Special Judge...
Allahabad High Court Temporarily Restrains District Bar Associations In UP From Holding Strikes
In a stern direction to the bar bodies in the state of Uttar Pradesh, the Allahabad High Court has directed that none of the Bar Associations of any district courts in the state would resort to any strike till August 7."Holding of strike in teeth of the law laid down by the Supreme Court would be viewed as an act of ex facie contempt", a bench of Justice Ashwani Kumar Mishra and Justice...
Husband Can't Be Held Guilty U/S 377 IPC For 'Unnatural Sex' With Wife: Uttarakhand High Court
The Uttarakhand High Court has observed that if an act between the husband and wife is not punishable under Section 375 IPC due to operation of Exception 2 to it, a husband can't be held guilty under Section 377 IPC for 'unnatural sex' with the wife. “Exception 2 to Section 375 IPC cannot be taken out from it while reading Section 377 IPC in relation to husband and wife. If an...
Calcutta High Court Quashes Case Against Man Accused Of Voyeurism, Stalking For Secretly Clicking Photos Of Woman From His Residence
The Calcutta High Court has quashed a case of voyeurism and stalking against a man booked under Section 354C and D of the Indian Penal Code (IPC). The man was arrested by the police upon the complaint of a woman who had accused him of secretly taking pictures of her from his residence. Justice Bibhas Ranjan De quashed the case initiated against the man upon observing that while photographing...
Karnataka HC Recalls Order Which Held Watching Child Porn Online Not An Offence, Says Erroneously Overlooked Relevant Provision Of IT Act
The Karnataka High Court on Friday recalled its order passed on July 10, wherein it had held that a person watching child pornography online cannot be charged for an offence under Section 67B of the Information Technology Act. A single judge bench of Justice M Nagaprasanna said “This court had passed the order without noticing section 67B (b), it is an error.” The court had quashed...
Delhi High Court Upholds Demolition Of Shiv Temple Near Yamuna Flood Plains, Says Eco-Sensitive Zone Must Be Protected From Encroachment
The Delhi High Court upheld the decision of the Single Judge Bench concerning the demolition order issued by the Delhi Development Authority (DDA) for a Shiv Temple located near Yamuna Flood Plains. The court asserted that as the Yamuna River Floodplain is an eco-sensitive zone, it needs to be protected from encroachments and illegal constructions.The appellant, Prachin Shiv Mandir, filed...
Individual Members Of Society Can't Be Considered Signatories To The Arbitration Agreement: Bombay High Court
The Bombay High Court bench of Justice Somasekhar Sundaresan has held that individual members of the Society cannot be considered signatories to the arbitration agreement under Section 7 of the Arbitration Act, as they do not individually participate in its formation or execution of arbitration clause. Brief Facts: Eleven members of a cooperative housing society approached the...
Rajasthan High Court Half Yearly Digest: January To June, 2024
Citations: 2024 LiveLaw (Raj) 1 To 2024 LiveLaw (Raj) 136Writ Petition Against Charge-Sheet Not Maintainable Unless Issued By Authority Not Competent To Initiate Disciplinary Action: Rajasthan HCCase Title: Laxman Singh Gurjar v. Rajasthan State Road Transport Corporation & 2 Ors.Case Citation: Citation: 2024 LiveLaw (Raj) 1The Rajasthan High Court dismissed a writ petition filed by a...
POCSO Act | Showing Private Parts, Dirty Movies To A Child Is Prima Facie 'Sexual Harassment': Uttarakhand High Court
The Uttarakhand High Court has observed that the exhibition of private parts to a child, showing him dirty films, would prima facie amount to 'sexual harassment' of a child and make out an offence under Section 11 (Sexual Harassment) read with Section 12 (Punishment for sexual harassment) of the POCSO Act. A bench of Justice Ravindra Maithani observed thus while upholding an order of...