All High Courts
Accident Victim's Income Can Be Assessed Based On Govt Job Appointment Letter Even If He Had Not Joined: P&H High Court
The Punjab and Haryana High Court has enhanced the compensation payable to the mother of a 21-year-old accident victim from ₹15.93 lakh to ₹44.55 lakh, holding that the Motor Accident Claims Tribunal erred in discarding an appointment letter issued to the deceased for a permanent post in the Department of Posts.Justice Virinder Aggarwal said, "It is a matter of natural and...
Revision Not Maintainable Against Interlocutory Order Passed In Interim Injunction Application: Allahabad High Court
The Allahabad High Court has held that a revision is not maintainable against an interlocutory order passed in an interim injunction application. It held that the same could be challenged in writ jurisdiction.In 1985, the deceased executed a will in favour of Respondent No. 5. Thereafter, a second and third will were executed in favour of Respondent No. 4 and the petitioner,...
'Something Wrong Somewhere': Allahabad HC Raps Trial Judge For 'Lethargy' In 20 Yr-Old Case Against Elderly Man; Warns Of Action
The Allahabad High Court last week pulled up a trial court in Prayagraj for its 'lethargic' handling of a 20-year-old criminal case, observing that a 73-year-old accused has been 'victimized' due to the court's routine adjournments and the prosecution's failure to produce even a single witness for the past 13 years. Observing that there appears to be "something wrong somewhere" in...
Not Producing Accused Before Magistrate Within 24 Hrs Renders Arrest Illegal; Rearrest From Prison Premises Impermissible: Kerala High Court
The Kerala High Court recently exercised its inherent power under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to set aside a remand order and to grant bail to an NDPS accused.Justice C.S. Dias observed that since the accused was not brought before the jurisdictional magistrate within the 24-hour period mandated by Article 22(2) of the Constitution, his arrest stood vitiated and he...
Gujarat High Court Issues Notice On Asaram's Plea To Relax Condition Enforcing Police Surveillance During Suspended Sentence
The Gujarat High Court issued notice on Asaram's plea seeking modification/deletion of condition requiring presence of three police officials in his vicinity, during the 6-month period wherein his life sentence has been suspended in a rape case. For context, on November 6 the high court had granted six-month suspension of sentence to Asaram who is convicted in a 2013 rape case by a sessions...
S.144 BNSS | Wife Not Disentitled To Claim Maintenance From Husband If Income From Her Temporary Job Insufficient: Kerala High Court
The Kerala High Court recently clarified that a wife would not be disentitled from claiming maintenance from her husband under Section 125 CrPC/ Section 144 BNSS even if she has a temporary job providing her some income, if she asserts that such income is insufficient.Dr. Justice Kauser Edappagath was considering petitions filed by a wife against her husband challenging the quantum of...
Allahabad High Court Upholds Man's Conviction For Strangling Minor Daughter, Says Charges Proven Despite Mother Turning Hostile
The Allahabad High Court (Lucknow Bench) today upheld the conviction and life imprisonment of a man for the murder of his 17-year-old daughter, who he suspected of having a relationship with a boy from the same locality. A bench of Justice Rajnish Kumar and Justice Rajeev Singh noted that despite the mother of the victim turning hostile during the trial, the chain...
“No Burials Anywhere Except Designated Areas”: Karnataka High Court On Illegal Burial On Private Premises
The Karnataka High Court on Monday observed that without permission, nobody can be buried anywhere except in designated areas (burial ground).A single judge, Justice Suraj Govindaraj, said, “This is a sensitive issue, if you allow this to happen which you allowed, it would result in a law and order issue...It is not a simple question of one body buried. It would have vast...
“Drug Traffickers Inflict Deadly Blow On Youth”: J&K&L High Court Rejects Bail In Commercial Quantity NDPS Case
The Jammu & Kashmir and Ladakh High Court has reiterated that drug traffickers inflict a deadly blow on the youth and are a hazard to society, and the social cost of permitting such offenders to re-enter the community, even temporarily, is immeasurable.With these observations, Justice Wasim Sadiq Nargal on Friday dismissed the bail application of a 27-year-old accused from whose possession...
“Toil Without Wages Strikes At Heart Of Human Dignity”: Karnataka High Court Directs Release Of 19 Months' Pending Salary To Govt Teachers
In a case concerning government teachers who had not been paid their salaries for 19 months, the Karnataka High Court recently said, “To force these teachers or indeed any employee, to toil without wages strikes at the very heart of human dignity and stands in stark violation of Article 23 of the Constitution of India, which proscribes begar in all its forms.”Justice M. Nagaprasanna made...
Contracting Second Marriage During Subsistence Of First Constitutes Grave Misconduct Justifying Compulsory Retirement: Andhra Pradesh High Court
A Division Bench of the Andhra Pradesh High Court comprising Justice Battu Devanand and Justice A. Hari Haranadha Sarma held that contracting a second marriage during the subsistence of the first marriage constitutes grave misconduct under Rule 21 of the CCS (Conduct) Rules and Rule 18(b) of the CISF Rules, justifying penalties such as compulsory retirement for members of...
Senior Citizens Playing Cards In Their House Booked Under Gambling Act, Bombay High Court Suggests Them To Settle With Complainants
The Bombay High Court on Monday (November 24) stayed proceedings in an FIR lodged against five senior citizens booked for allegedly playing cards in their house under the Bombay Prevention of Gambling Act.The court was hearing a writ petition seeking quashing of the FIR lodged under Sections 4 (which punishes keeping of a common gaming house) and 12(A) of the Act. Section 12A states that a...