All High Courts
'Approach Competent Authority': Allahabad HC Dismisses PIL Challenging LoP Rahul Gandhi's Lok Sabha Election
The Allahabad High Court on Monday allowed the withdrawal of a Public Interest Litigation (PIL) Plea to set aside Congress leader Rahul Gandhi's election as an MP from the Rae Bareli Lok Sabha seat.A bench of Justice Rajan Roy and Justice Om Prakash Shukla dismissed the PIL plea as withdrawn while allowing the petitioner to approach the competent authority under Section 9(2) of the...
Bombay High Court Refuses Pre-Arrest Bail To Woman Accused Of Mowing Down Two From Her Mercedes, Says No Prudent Person Will Drink And Drive
No prudent person will ever drive a vehicle under the influence of alcohol, said the Nagpur bench of Bombay High Court recently while denying anticipatory bail to a female Human Resource (HR) professional accused of mowing down two young men while driving her Mercedes under the influence of alcohol.Single-judge Justice Urmila Joshi-Phalke in her June 26 order, noted from the material on...
Weekly Digest Of IBC Cases: 24th June 2024 To 30th June 2024
HIGH COURTS Indian Courts Are Not Bound By Foreign Insolvency Judgments From Non-Reciprocating Countries: Calcutta High Court Case Title: Uphealth Holdings, INC. vs Dr. Syed Sabahat Azim & Ors. Case No.: C.O. No. 241 of 2024 The Calcutta High Court single judge bench of Justice Shampa Sarkar held that without a comprehensive cross-border insolvency framework, Indian...
Quashing Sexual Violence Cases Based On Monetary Payments Would Imply 'Justice Is For Sale': Delhi High Court
The Delhi High Court has observed that criminal cases involving allegations of sexual violence cannot be quashed on the basis of monetary payments as doing so would imply that “justice is for sale.”Justice Swarana Kanta Sharma made the observation while rejecting a plea moved by a rape accused seeking quashing of an FIR registered by a woman on the ground that the matter was amicably...
[NIA Act] Order Refusing Or Granting Bail To Accused Appealable U/S 21(4), Not As Petition Under CrPC: Manipur High Court
The Manipur High Court held that an order of granting or refusing bail to an accused for offences under the National Investigation Agency Act, 2008 (NIA Act) can be challenged as an Appeal under Section 21(4) of the Act and not as a Petition filed under Sections 439(2)/482 Cr.PC. Further, it was held that the investigation of the case conducted by an agency constituted by a State Government...
Govt Cannot Disqualify Candidate Based Grounds Which Are Not Mentioned In Advertisement For Job Post: Rajasthan High Court
The Rajasthan High Court (“the Court”) has set aside an order of the Department of Medical, Health and Family Welfare, Government of Rajasthan (“the Department”) that rejected a candidate for a government post on the ground that the reason for disqualification was not mentioned as a disqualification criterion in the advertisement for the post. The Court termed the order as wholly...
IT Rules 2021 | Right To Know Truth Under Article 19(1)(a) Is Violated If Fake And False News Is Not Prevented: Centre To Bombay High Court
On Monday, the central government in pleas challenging the 2023 IT Amendment Rules told the Bombay High Court that not preventing fake or false news would violate the fundament right of the recipient of such news to know correct information and not be misled, which also flows from Article 19(1)(a) of the Constitution.Solicitor General Tushar Mehta contended that right to know and right to not...
India's Majority Population Would Be In Minority One Day If Conversions In Religious Congregations Not Stopped: Allahabad HC
Update on September 27 - Allahabad HC's General Observations On Religious Conversions & 'Majority Becoming Minority' Were Uncalled For: Supreme CourtThe Allahabad High Court today observed that if the current trend of conversions during religious congregations is permitted to continue, the majority population of the country could eventually find itself in the minority one day.With...
“Only 9 States & 2 UT's Have Hindi As Official Language”: Plea In Madras HC Seeks To Declare Hindi Names Of New Criminal Laws Unconstitutional
A plea has been filed in the Madras High Court seeking to declare the Hindi names of the new criminal laws- Bharatiya Nyaya Sanhita 2023, Bharatiya Sakshya Adhiniyam 2023, Bharatiya Nagarik Suraksha Sanhita 2023 as ultra vires the constitution, the Official Language Act 1963, and the Tamil Nadu Official Language Act 1956. The petition, filed by Lawyer Ramkumar Adityan seeks directions...
Protection Against Hazardous Food Part Of Right To Life: Rajasthan High Court Takes Suo Moto Cognizance Of Rampant Food Adulteration
The Rajasthan High Court has taken suo moto cognizance of the rampant increase in food adulteration incidents, stating that protection against hazardous and injurious food articles is a facet of fundamental right to life under Article 21 of the Constitution.Food is essential for sustenance of life but today, entire world is too busy with other commitments to invest time in finding out whether...
Madras High Court Takes Suo Moto Cognizance Of Kallakurichi Hooch Tragedy, Says Poor Economy Forced Manufacture Of Illicit Liquor
The Madras High Court on Monday took suo motu cognizance of the manufacture and sale of illicit arrack by the people in Kalvarayan hills. The bench of Justice SM Subramaniam and Justice C Kumarappan noted that poverty and want of livelihood had forced men and women of the region to resort to the manufacture of illicit arrack. The court added that the issue had to be dealt with...
Jharkhand HC Takes Suo Moto Cognizance Of 'Error' In 'Bharatiya Nyaya Sanhita' Published By 'Universal LexisNexis', Directs Urgent Correction
The Jharkhand High Court has taken Suo Motu cognizance of a significant error in the Bharatiya Nyaya Sanhita (BNS) 2023 published by Universal LexisNexis. The Court identified a major discrepancy in Section 103(2), where the phrase "any other ground" was printed instead of "any other similar ground." According to the Court, this omission has serious implications for the interpretation...