All High Courts
HC Cannot Grant Interim Bail To Convicts Under Article 226 When Request For Premature Release Is Pending Before Govt: Madras High Court
The Madras High Court recently held that the high courts could not exercise their power under Article 226 of the Constitution to grant interim bail to a convict while their request for premature release was pending consideration before the appropriate government. The bench of Justice N Sathish Kumar and Justice M Jothiraman held that once the sentencing part is over, the convict is...
Married Sister Can Be Dependent For Claiming Motor Accident Compensation: Karnataka High Court
The Karnataka High Court recently said that in Indian social context, it is not uncommon for daughters and sisters, even after marriage, to maintain a close relationship with their parental family. The earning member of the family often contributes towards their welfare and social needs, it added. "Therefore, their right to claim compensation cannot be denied merely on the ground of their...
'Unconstitutional': MP High Court Strikes Down Rule Limiting PG Medical Seats To MBBS Graduates From Within State
The Madhya Pradesh High Court, on Wednesday (November 19), held that the amendment introduced in the MP Medical Education Admission Rules, 2018, which barred students who have completed their MBBS from institutions outside Madhya Pradesh from seeking admission to post-graduate medical courses in the private colleges in the State, was unconstitutional. The division bench of Chief Justice...
Vacancy Reserved For Disabled Persons Identified In 2019 But Advertised In 2023 Would Be Considered Backlog Vacancies: MP High Court
The Madhya Pradesh High Court has clarified that vacancies reserved for persons with disabilities, which had been identified as far back as 2019 but were advertised only in 2023, would be treated as backlog vacancies. The bench of Justice Ashish Shroti examined the provision of the M.P. Junior Service (Joint Qualifying) Examination Rules, 2013 and the Right of Persons with Disabilities Act,...
Offences Under Drugs & Cosmetics Act Punishable Up To Three Years Triable By Specially Empowered Magistrate: J&K&L High Court
The High Court of Jammu & Kashmir and Ladakh has held that an offence punishable with imprisonment of up to three years under the Drugs and Cosmetics Act is triable by a Judicial Magistrate of the First Class specially empowered by the Government.The Court was hearing a petition challenging the maintainability of a complaint under Sections 18(a)(i) and 27(d) of the Act before the...
District Medical Boards Under Surrogacy Regulations Need Not Insist On Physical Presence Of Intending Couple: Delhi High Court
The Delhi High Court has recently observed that the district medical boards under the Surrogacy Regulations, 2023, need not insist on physical presence of the intending couple. “There is also no rationale as to why the District Medical Board should not equip itself in conducting virtual hearings as is mandated for the State Board under Section 5(3) and 5(4) of the Surrogacy...
Kerala High Court Seeks Action Taken Report Against Vlogging Inside Driver Cabins Of Moving Buses, Heavy Vehicles
The Kerala High Court recently underscored the rampant issue of contract carriages and other heavy good vehicles openly flouting the safety standards prescribed by the Central Government.The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. on Wednesday (November 19) remarked that a lot of these vehicles are not adhering to the lighting installation requirements and...
J&K&L High Court Grants Bail In NDPS Case; Says Single-Tested Bottle Cannot Represent Entire Recovery Without Batch-Level Uniformity
The High Court of Jammu & Kashmir and Ladakh has held that when the seizure memo does not mention the batch number or composition of multiple recovered bottles of a pharmaceutical preparation, a single tested bottle cannot be presumed to represent the contents of all bottles.The Court observed that the prosecution must demonstrate uniformity across bottles before relying on...
“Trial Within Trial Not Permitted”: Calcutta High Court Says Co-Defendant Cannot Respond To Counter-Claim By Another Defendant
The Calcutta High Court has held that a co-defendant cannot file a written statement in response to a counter-claim raised by another defendant, ruling that the CPC does not permit such inter se litigation within a single suit.Justice Aniruddha Roy, dismissed an application by the first defendant, KERALA STATE ELECTRONICS DEVELOPMENT CORPORATION LTD (KELTRON), seeking leave to file a...
'Known Face In Content Creation Field': Delhi High Court Passes John Doe Order Protecting Personality Rights Of Raj Shamani
The Delhi High Court has passed a john doe order protecting the personality rights of podcaster Raj Shamani, observing that he is a known face in India, especially in the field of content creation. Justice Manmeet Pritam Singh Arora observed that Shamani has gained goodwill and reputation over a course of a successful career and that prima facie, he enjoys publicity rights with respect to...
Threat To Legal Heir's Life Not Necessary To Transfer Arms License If Licensee Is Over 70-Yrs Or Held License For 25+ Yrs: Karnataka High Court
The Karnataka High Court has held that when an application under Rule 25 of the Arms Rules, 2016, is made during the lifetime of the licensee, so long as the licensee is aged more than 70 years or has been holding the firearm licence for more than 25 years, he can nominate any of his legal heirs for transfer of licence and transfer of arm and there will be no requirement for the transferee...
Courts Can't Create Exceptions For 'Near Majority Consensual Relationships' When Consent Irrelevant Under POCSO Act: Delhi High Court
The Delhi High Court has observed that Courts cannot create exceptions for “near majority consensual relationships” when consent of a person below the age of 18 years is irrelevant for the purpose of POCSO Act.“Under the POCSO Act, read with the then prevailing provisions of the IPC, any sexual act with a person under 18 is criminalised per se, without importing “consent” as...