All High Courts
Gauhati High Court Closes PIL Seeking Directions On Assam Govt To Not Encroach On Subjects Allocated To KAAC After State Assures Adherence To MoS
The Gauhati High Court on Thursday closed the PIL seeking directions to the State of Assam and its department not to encroach upon the subjects, which are allocated to the Karbi Anglong Autonomous Council (KAAC) under the 6th Schedule of the Constitution of India and governed by the Memorandum of Settlement, 2011, on the basis of assurance given by the State Government that it is bound to...
Can Doctors Be Prosecuted U/S 19(1) POCSO Act For Failing To Inform Police About Offence Against Minor Within Reasonable Time? Kerala HC Answers
The Kerala High Court has held that every person has to inform the police within a reasonable time as per Section 19 (1) of the POCSO Act if they have an apprehension that an offence has been committed against a minor. It held that a person will be prosecuted only when there is a deliberate omission to report the offence to the police.In this case, the petitioner who is a doctor was arrayed...
Submitting False Injury Report Highly Despicable, Dereliction Of Duty: Rajasthan HC Affirms Compulsory Retirement Of Medical Officer
Rajasthan High Court refused to grant relief to the medical officer who had committed dereliction of duty by submitting a factually wrong injury report in a case. Frowning upon the conduct as highly despicable, the Court observed that for such conduct, compulsory retirement was not a disproportionate punishment warranting any interference of the Court. It was held:“It is apparent that...
Maharashtra's Amendment Exempting Private Schools From 25% RTE Quota If Govt-Run School Exists Nearby 'Unconstitutional': High Court
The Bombay High Court has held that Maharashtra government's decision exempting private unaided schools from providing 25% quota in Class I or Pre-school for children of disadvantaged sections, if there is a government-run or aided school within 1 km radius of that private school, is "unconstitutional".The decision was taken by the State this year by amending the Maharashtra Right of Children...
Bombay High Court Criticizes Maharashtra Govt For Its "Mindset" To Curtail Liberty Of Undertrial
The Bombay High Court on Thursday criticised the Maharashtra Police for its "mindset" to curtail the liberty of undertrials, who have served more than half of the possible maximum punishment they may be handed over after conviction.A division bench of Justices Ajay Gadkari and Dr Neela Gokhale said in a democracy the police cannot give an impression that it is a Police State.The observations...
Husband Convicted For Causing Dowry Death Cannot Inherit Deceased Wife's Property Under Hindu Succession Act: Bombay High Court
A husband convicted for causing the dowry death of his wife stands disqualified from inheriting the property of the deceased wife as provided under Section 25 of the Hindu Succession Act, the Bombay High Court held recently.Single-judge Justice Nijamoodin Jamadar rejected the argument of the Testamentary Department which opined that a person convicted for causing dowry death (under section...
Petitions U/S 482 CrPC Filed With Delay Or To Overcome Expired Limitation Of Alternate Remedy Cannot Be Entertained: Delhi High Court
The Delhi High Court has observed that failure to avail alternate remedy on the ground of ongoing settlement process is not a reason for the court to exercise its discretionary power to quash the complaint cases. It further held that while there is no statutory limit to file a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC), such petitions cannot be entertained if...
Justice Sujit Narayan Prasad To Serve As Acting Chief Justice Of Jharkhand High Court Following Retirement Of Justice BR Sarangi
Justice Sujit Narayan Prasad has been appointed as the acting Chief Justice of the Jharkhand High Court. This appointment comes as incumbent Chief Justice Bidyut Ranjan Sarangi demits office after a brief tenure lasting nearly a fortnight.Justice Sarangi was appointed as the Chief Justice on July 3 and will demit the office today. Justice Prasad will take charge as the acting CJ from...
Invoking Section 8(1) Of Arbitration And Conciliation Act, 1996, Formal Application Is Required, Averment In Written Statement Not Enough
The Telangana High Court has clarified the procedural requirements for invoking arbitration under Section 8(1) of the Arbitration and Conciliation Act, 1996. The court held that a formal application for referring parties to arbitration must be filed before submitting the first statement on the substance of the dispute, typically the written statement in a suit. The case arose from a...
Calcutta High Court Directs WB Police To Submit Details Of All Cases Registered Against BJP Leader Suvendu Adhikari, Restrains Coercive Action
The Calcutta High Court has called for case diaries of all police complaints registered against BJP Leader of Opposition in West Bengal, Suvendu Adhikari to be placed before the Court. This comes in an ongoing hearing into Adhikari's plea against the criminal cases registered against him, on the grounds that the same was being done due to the State's vendetta at him switching...
Peaceful Protests Deepen Reach Of Democracy, Increase Chances Of Its Survival: Madras High Court Allows Protests By BJP In Tirunelveli
While asking the state to consider a representation by the Bharatiya Janata Party to conduct a protest, the Madras High Court highlighted that the right to expression is an essential part of democracy. Justice B Pugalendhi observed that in a democratic country, every political party had a right to conduct an agitation, and a peaceful protest could deepen a democracy's reach...
Kerala High Court Stays Governor's Move To Constitute Search Committee For Appointing KUFOS Vice Chancellor
The Kerala High Court has stayed Governor Arif Mohammad Khan's decision to form a Search-cum-Selection committee for conducting the selection process for appointing the Vice Chancellor of the Kerala University of Fisheries and Ocean Studies (KUFOS).Justice Ziyad Rahman A.A. thus issued an interim order staying all further proceedings based on the notification dated 28 June 2024 passed by...