All High Courts
Calcutta High Court Directs Release Of Man Arrested For Making Untoward Remarks In Comment Box During CM Mamata Banerjee's Facebook Live-Stream
The Calcutta High Court has ordered the release of a man who was arrested for making allegedly untoward and 'defamatory' comments against certain government functionaries during a Facebook live stream of an administrative meeting held by Chief Minister Mamata Banerjee.A single bench of Justice Amrita Sinha directed the release of the accused upon holding that the police's actions in arresting...
Teachers Liable Under Juvenile Justice Act For Assaulting Children But Mere Corrective Measures To Enforce Discipline Not Punishable: Kerala HC
The Kerala High Court has held that teachers cannot be prosecuted under the Juvenile Justice (Care and Protection of Children) Act, 2015 for using simple corrective measures for enforcing discipline in schools.Justice A. Badharudeen thus quashed the proceedings initiated against the petitioner under Section 82 (corporal punishment) of the JJ Act and Section 324 (voluntarily causing hurt...
Upper Side Of Age Must Be Considered In POCSO Cases Where Victim's Age Is Estimated Through Bone Ossification Test: Delhi High Court
The Delhi High Court has ruled that in cases under the POCSO Act, the court is required to consider the upper side of the estimated age of the victim where the age of is proved through bone age ossification test.“In such cases of sexual assault, wherever, the court is called upon to determine the age of victim based on "bone age ossification report", the upper age given in "reference...
Written Statement Not Condition Precedent For Considering Application Under Order 7 Rule 11 CPC: Karnataka High Court
The Karnataka High Court has held that a written statement is not required to be filed by a defendant in a suit to contend that the court fee paid by the plaintiff is not proper and that the defendant's application under Rule 11 of Order VII of the Code of Civil Procedure, seeking rejection of suit, cannot be dismissed on that ground.A single judge bench of Justice Suraj Govindaraj allowed...
Registrar Of Co-Operative Societies Is 'Public Authority', Expected To Provide Information Not Exempted Under RTI Act: Kerala High Court
The Kerala High Court has held that the Registrar of Co-operative Societies is a public authority under the Right To Information Act. It stated that Registrar, being a public authority could gather and disclose information obtained from the Co-operative Society under his administrative or supervisory control to the extent permitted by law.In this case, the appellant had sought some...
Termination From Service Based Solely On Implication In Criminal Case Without Affording Opportunity Of Hearing Unmerited: Patna High Court
The Patna High Court has observed that termination of services of a worker by concerned authority merely on the ground of implication in a criminal case, without affording the worker an opportunity of hearing, is unjustified.The division bench of Justice P. B. Bajanthri and Justice Alok Kumar Pandey were considering an appeal against the order of the single bench that dismissed the...
Bombay High Court Judge Justice Neela Gokhale Recuses From Hearing Mumbai Bomb Blast Convict Abu Salem's Plea Against Prison Transfer
Bombay High Court judge Justice Neela Gokhale on Thursday recused from hearing the plea filed by 1993 Mumbai Bomb blast convict Abu Salem, who sought to assault the decision of the jail authorities to shift him to some other prison from the Taloja Central Prison.Notably, the prison authorities had decided to shift Salem, who has spent over 15 years in the Taloja Jail, to some other prison...
Disciplinary Authority's Order Relying On Report Of Inquiry Officer Not Supported By Evidence Is Unsustainable: Patna High Court
The Patna High Court has held that the report of an Inquiry Officer per se cannot be treated as evidence by the Disciplinary Authority in a disciplinary proceeding when the officer did not properly examine any evidence.Justice Bibek Chaudhuri further stated the order of the Disciplinary Authority based on such evidence violates the principles of natural justice. Brief factsThe petitioner...
Karnataka High Court Weekly Round-Up: June 24 - June 30, 2024
Citations: 2024 LiveLaw (Kar) 277 To 2024 LiveLaw (Kar) 290Nominal Index:G Nagaraju AND The Assistant Registrar of Cooperative Societies & Others. 2024 LiveLaw (Kar) 277Paras Jain AND Karnataka State Bar Council & ANR. 2024 LiveLaw (Kar) 278Karnataka Food And Civil Supplies Corporation Limited & Others AND Veena M. 2024 LiveLaw (Kar) 279S R Bellary & State of Karnataka...
Attempted Fraud & Went To The Extent Of Making Allegations Against Court: MP High Court Imposes Rs 50K Cost On Khandwa BJP MLA
In an election petition filed by Congress leader Kundan Malviya, Madhya Pradesh High Court has levied a cost of Rs 50,000 on incumbent Khandwa MLA Kanchan Tanve. The court imposed the said cost on the MLA for her deliberate attempt to delay the proceedings despite the receipt of notice on time.The single-judge bench of Justice Gurpal Singh Ahluwalia noted that the respondent MLA's attempt...
No Law Prohibits Alteration Of Travel Route In Transporting Goods: Karnataka High Court
The Karnataka High Court has held that no law, rule or ruling mandates conveyance of goods from one point to its destination following a particular route only or prohibits alteration of travel route qua the one impressed in the consignment documents.A division bench of Justice Krishna S Dixit and Justice Ramachandra D Huddar dismissed the appeal filed by the Joint Commissioner of Commercial...
Centre Notifies Transfer Of Jharkhand HC's Acting CJ Justice Shree Chandrashekhar To Rajasthan High Court
The Central government has notified the transfer of Justice Shree Chandrashekhar, serving as the Acting Chief Justice of Jharkhand High Court, to the Rajasthan High Court.This comes after Centre notified appointment of Justice BR Sarangi as the Chief Justice of Jharkhand High Court. Read full story here.Supreme Court Collegium had recommended the transfer of Justice Chandrashekhar in view of...