All High Courts
Karnataka High Court Calls For SIT's Objections On Plea By Prajwal Revanna Seeking Bail, Suspension Of Sentence In Rape Case
The Karnataka High Court on Tuesday directed the Special Investigation Team (SIT) to file its objections on the application filed by convict Prajwal Revanna seeking to suspend the sentence of life imprisonment imposed on him and release him on bail. The application is filed in appeal by Revanna, challenging his conviction in the first rape case registered against him at the Holenarasipura...
Prosecution Must Prove Victim Was Below 16 Years For Rape Conviction In Cases Prior To 2013 Amendment: Delhi High Court
The Delhi High Court has ruled that the prosecution must prove that the minor rape victim was below the age of 16 years, for securing conviction of the accused in cases commencing prior to Criminal Law (Amendment) Act, 2013.While acquitting a man convicted for allegedly raping an 11 year old girl in 2005, Justice Swarana Kanta Sharma said:“It is important to remember that the alleged...
IPC Provisions On Use Of False Weights & Measures Do Not Apply To Offences Punishable Under Legal Metrology Act: Allahabad High Court
The Allahabad High Court has held that an accused cannot be prosecuted under Sections 265 (Fraudulent use of false weight and measure) and 266 (being in possession of false weight and measure) of Indian Penal Code for offences covered by the Legal Metrology Act, 2009.Referring to Section 51 of the Legal Metrology Act and the judgment of the Apex Court in State of Uttar Pradesh v. Aman...
Allahabad High Court Orders Action Against Officials Over Delay In Minor Rape Survivor's Compensation; Directs ₹2 Lakh Additional Relief
The Allahabad High Court on Monday slammed the state officials for their 'reprehensible inaction' and 'laissez-faire attitude' in denying compensation to a minor rape victim, compelling her to approach the Court for relief. A Bench of Justice Shekhar B Saraf and Justice Prashant Kumar observed that the very purpose of the State's compensation scheme [Uttar Pradesh Rani Lakshmi...
Entire RTE Act Applicable To Private Unaided Schools, Affiliating Board's Guidelines Can't Be Given Precedence: Allahabad High Court
The Allahabad High Court has held that all provisions of the Right of Children to Free and Compulsory Education Act, 2009 are applicable to private unaided schools and the guidelines of affiliating Board including those pertaining to attendance, are not above the Act.Referring to the judgment of the Supreme Court in Society for Unaided Private Schools of Rajasthan vs. Union of India and...
Criminal Prosecution Can't Continue After Exoneration In Departmental And Vigilance Inquiry: Delhi High Court
The Delhi High Court has held that criminal prosecution cannot continue when the departmental proceedings as well as the Vigilance inquiry have found no merit in the allegations against an individual.Justice Neena Bansal Krishna allowed the petitions filed by one Gurbachan Singh Matta challenging an FIR registered by the CBI (Bank Securities & Fraud Cell) and framing of corruption...
Legal Heirs Have Right To Seek Impleadment In Pending Appeals Under FEMA: Delhi High Court
The Delhi High Court has observed that legal heirs have right to seek Impleadment after the appellant's death in pending appeals under the Foreign Exchange Regulation Act, 1973, and the Foreign Exchange Management Act, 1999. “…the right to seek impleadment of legal heirs in such circumstances is not one that arises dehors the statute; rather, it is one that is expressly recognised...
Trial Court's Difficulty To Form Opinion Doesn't Justify Denial Of Bail, Cannot Abdicate Duty U/S 43-D(5) UAPA: J&K&L High Court
Reaffirming the judicial responsibility under the Unlawful Activities (Prevention) Act, 1967 (UAPA), the Jammu and Kashmir and Ladakh High Court has held that the trial court's observation that it was “difficult to frame an opinion at this stage” could not serve as a ground to deny bail.The Bench comprising Justices Sanjeev Kumar and Sanjay Parihar, observed that such a stance amounts...
Preparing Defence Strategy & Gathering Evidence Valid Grounds For Bail : Allahabad High Court Clarifies 'Stage' & 'Parameters'
In a significant verdict, the Allahabad High Court recently held that conceptualizing defence strategy, gathering and adducing defence evidence and effectively conducting the defence case can constitute valid grounds for granting bail, but only at an appropriate stage of the trial. A bench of Justice Ajay Bhanot, while deciding a batch of 18 (second) bail applications, ruled that...
Justice Tara Vitasta Ganju Sworn-In As Judge Of Karnataka High Court
Justice Tara Vitasta Ganju took oath as judge of the Karnataka High Court on Tuesday (October 28).Chief Justice Vibhu Bakhru administered the oath to Justice Ganju.By a notification dated October 14 the Central Government had notified the transfer of Justice Ganju from Delhi High Court to Karnataka High Court. Justice Ganju was sworn in as Delhi High Court judge on May 18, 2022. Her name...
Gauhati High Court Upholds Exclusion Of Army Personnel's Wards From Nagaland's Central Pool MBBS Quota
The Gauhati High Court refused relief to a medical aspirant who was denied seat allocated to the Nagaland government under the Central Pool MBBS quota, despite qualifying the cut off.The aspirant had challenged state government's 2021 notification as per which she was disentitled to one of the 42 seats allocated to the State under the Central Pool. A single bench had allowed her plea and...
Three New Judges Take Oath At Delhi High Court, Strength Rises To 44
Justice Dinesh Mehta, Justice Avneesh Jhingan and Justice Chandrasekharan Sudha took oath as judges of the Delhi High Court on Tuesday.The oath of office was administered to the new judges by Chief Justice Devendra Kumar Upadhyaya. After this development, the strength of judges at the Delhi High Court has risen to 44. The sanctioned strengthen of judges is 60.Justice Mehta and Justice...