All High Courts
Extra-Judicial Panchayat Confession Is No Evidence Against Co-Accused Unless Strictly Proved & Corroborated: J&K&L High Court
Reinforcing a core principle of criminal jurisprudence that a confession not recorded before a Magistrate has no substantive evidentiary value and cannot, by itself, be used to convict a co-accused, the High Court of Jammu & Kashmir and Ladakh has dismissed a criminal appeal against acquittal, holding that an alleged Panchayat confession being exculpatory, unproved, and uncorroborated...
Centre Can Issue 'Leave India Notice' To Foreign National Residing On Employment Visa Obtained Through Fraud: Karnataka High Court
The Karnataka High Court has upheld the 'Leave India' notice issued to an Australian national who was residing on an Employment Visa, noting that the visa was obtained via misrepresentation as no process for recruiting local talent for the post was conducted.It held that the Leave India notice was not vitiated for violation of principles of natural justice and the petitioner, as a...
Undenied Pleadings Are Deemed Admitted By Implication Under CPC: J&K&L High Court
Holding that undisputed pleadings amount to admission in law, the High Court of Jammu & Kashmir and Ladakh has ruled that where a respondent fails to specifically deny material factual assertions made in a plaint or writ petition, such facts are deemed to be admitted by implication in terms of Order VIII Rules 3 and 5 of the Code of Civil Procedure.Applying this principle, the Court...
Punjab & Haryana High Court Denies Bail In 5,700 Kg Psychotropic Drugs Case, Says Corporate Licences Can't Shield NDPS Violations
The Punjab and Haryana High Court has dismissed eight connected regular bail petitions arising out of a massive seizure of over 1.37 crore psychotropic tablets, holding that the rigours of Section 37 of the NDPS Act are clearly attracted and that licensed pharmaceutical operations cannot, at this stage, dilute the gravity of organised diversion allegations.Justice Sumeet Goel said, "The grant...
Statements Made By Parties' Counsel Acting As Authorised Agents Are Binding & Operate As Estoppel: J&K&L High Court
Reiterating a fundamental principle governing courtroom proceedings, the High Court of Jammu & Kashmir and Ladakh has held that statements and consent given by advocates, acting as authorised agents of litigants, are binding on the parties and operate as an estoppel in law. The Court made it clear that once an order is passed with such consent, a party cannot subsequently challenge it...
Kerala High Court Upholds Conviction Of Deceased Public Servant For Corruption, Orders Recovery Of Fine From His Legal Heirs
The Kerala High Court, in a recent ruling, upheld the conviction of two for their involvement in a corruption case relating to the Kulasekharapuram Irrigation Project.Justice A. Badharudeen dismissed the appeal filed by one of the accused whereas modified the sentence passed against the other accused since he was no more.The prosecution case is that the Superintending Engineer hatched a...
Punjab & Haryana High Court Refuses To Quash Arrest Warrants Issued Against Absconding AAP MLA In Alleged Rape Case
The Punjab and Haryana High Court has refused to quash arrest warrants and proclamation proceedings issued against Aam Aadmi Party MLA Harmeet Singh Pathanmajra in a rape and cheating case.Justice Tribhuvan Dahiya said, "the petitioner, who is accused of serious and heinous offences, has deliberately disregarded the investigative process and is absconding. He is also accused of slipping out...
Allahabad High Court Flags Delayed Pregnancy Detection In Rape Cases, Says SOPs For MTP Upto 24 Weeks Not Effectively Implemented
Recently, while dealing with a suo moto public interest litigation arising out of writ petition whereby a POCSO victim sought termination of pregnancy, the Allahabad High Court observed that though Standard Operating Procedures are in place for medical termination of pregnancies upto 24 weeks, the Courts are still faced with petitions which are filed by rape victims who often gain knowledge...
Born In India To Pakistani Mother, No Long-Term Visa: Telangana HC Seeks Authorities' Reply In Hyderabad Man's Plea Against Police's Home Visits
The Telangana High Court on Tuesday considered a writ appeal filed by a Hyderabad resident claiming to have been born in India, challenging domiciliary visits conducted by the Special Branch Police on the ground that he does not possess a long-term visa.The court permitted the impleadment of the passport authorities and directed the concerned authorities to seek instructions in the...
Chronic Osteoarthritis Is 'Severe Illness' Under Railway Rules; Penal Rent For Retention Of Govt Accommodation Not Sustainable: Delhi HC
A Division Bench of the Delhi High Court comprising Justice Anil Kshetarpal and Justice Amit Mahajan held that chronic degenerative diseases like osteoarthritis qualify as “severe illness” under Railway Board circulars, entitling an employee to regularization of retained government accommodation and it exempts from penal or special licence fee. Background Facts The respondent...
“Institutions Must Remain Spaces Of Safety & Dignity”: Orissa High Court Directs Tightened Security At NLU Odisha Campus
The Orissa High Court on Thursday (February 12) issued a slew of directions for ensuring safety and security inside as well as around the campus of National Law University Odisha, Cuttack (NLUO), which is situated near Naraj, a secluded area at the outskirt of the city.A Bench of Dr. Justice Sanjeeb Kumar Panigrahi stressed on the duty and responsibility of the University administration as...
Indian Succession Act | Mother Has No Right Over Inheritance When Son Who Died Intestate Is Survived By Wife & Children: Karnataka High Court
The Karnataka High Court has held where a son dies intestate leaving behind wife and children–being direct lineal descendants, his mother would not have a right to estate/inheritance under the Indian Succession Act. The court was hearing an appeal challenging a trial court order which had dismissed a family's plea seeking issuance of succession certificate of the deceased member. The...