All High Courts
[POSH Act] Majority ICC Reports 'Shockingly' Biased In Favour Of Workplace, Can't Impact Police Report Filed On Victim's Complaint: Kerala HC
The Kerala High Court has observed that the report or findings of the Internal Complaints Committee formed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) 2013 will not have an impact against the police report made based on the victim's complaint alleging sexual harassment at workplace. The Court further observed that this is because most of the...
'Nerve Shocking': Rajasthan HC Takes Suo Motu Cognizance Of Deteriorating Health Services In State, Says Hospitals Can't Play With Lives
The Rajasthan High Court has taken suo motu cognizance of the deteriorating condition of public health care system including gross negligence on part of hospitals in the State and has called upon the Union as well as State Ministry to submit a report on effective steps being taken for improving the present health care system.The bench of Justice Anoop Kumar Dhand opined that even...
Bail Pleas, Criminal Petitions Filed After July 01, 2024 For FIRs Lodged Prior To Said Date To Be Governed By BNSS: Gauhati High Court
The Gauhati High Court on Monday held that all pre-arrest bail, regular bail, and criminal petitions filed after July 01, 2024 in respect of FIR registered prior to July 01, 2024 i.e. before coming into force of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) are liable to be filed, under Sections 482, 483 and 528 of the BNSS respectively.The division bench comprising the Chief Justice...
Wife Asking Hungry Husband To Wait For Preparation Of Food Not 'Grave & Sudden Provocation': Orissa High Court Upholds Murder Conviction
The Orissa High Court has recently held that a wife asking her husband to wait for some time to have food, as preparation of food was underway, is not grave and sudden provocation which would lead him to cause injuries to her and take away her life.While upholding the conviction of the appellant-husband for murder of his wife, the Division Bench of Justice Sangam Kumar Sahoo and...
Sabarimala Crowd Management: Kerala High Court Permits Parking Of Pilgrim Vehicles At Chakkupallam-II, Hilltop Area On Experimental Basis
The Kerala High Court, on an experiment basis, has allowed parking of motor cars carrying pilgrims in Chakkupallam-II and Hilltop area in the upcoming Makaravilakku season.Earlier, the Court had, as a temporary measure allowed such parking during the masapooja time.The Division Bench of Justice Anil K. Narendran and Justice Muralee Krishna S. emphasized that the parking shall be done only in...
Employee's Right To Promised Pay Scale Benefits Can't Be Negated By Administrative Delays: Gujarat HC
Gujarat High Court: Justice Vaibhavi D. Nanavati ruled that the State of Gujarat must grant higher pay scales to Work Assistant cadre members based on their tenure, following unfulfilled promises of promotion and salary adjustments as per government resolutions. The court found the State's recovery of salaries, granted due to delays in implementing pay-scale adjustments, to be unlawful....
Calcutta High Court Allows Protest March Against Alleged Atrocities Faced By Hindus In Bangladesh
The Calcutta High Court has allowed a protest march against the alleged atrocities faced by members of the Hindu community in ethnic violence which has broken out across Bangladesh.A single bench of Justice Tirthankar Ghosh allowed the protest, which is scheduled to lead up to the Bangladesh High Commission, when a delegation of a few members will be meeting the High Commissioner to...
Accused Exercising Right Of Silence Not Bound To Prove Consent Was Taken When Prosecution Is Unable To Prove Rape: Karnataka HC
The Karnataka High Court has said that there is no duty on the accused to prove a defence of consent in a matter of rape, and his exercise of his right to remain silent would be sufficient where the prosecution itself is unable to prove its case.The court said that as the right of the accused to remain silent would fasten the burden on the prosecution to prove absence of consent during...
Entire Mumbai Has Been Encroached By Hawkers, State Cannot Express Helplessness: High Court Pulls Up State Govt, Mumbai Police
The Bombay High Court while pulling up the Maharashtra government, Mumbai Police and also the Brihanmumbai Municipal Corporation (BMC), observed that the there is not a single lane in entire Mumbai which is free from hawkers.A division bench of Justices Ajay Gadkari and Kamal Khata said the entire city is encroached by illegal hawkers thereby making it difficult for the citizens to walk freely...
Natural For Two Persons In Love To Hug & Kiss Each Other: Madras High Court Quashes Sexual Harassment Case Against Man
The Madras High Court recently quashed criminal proceedings initiated against a man under Section 354A IPC for allegedly committing sexual harassment on a girl. Justice Anand Venkatesh observed that to constitute an offence of sexual harassment, a man must have committed physical contact and made advances involving unwelcome and explicit sexual overtures. In the present case, the...
Hindu Succession Act | 2005 Amendment Giving Equal Rights To Daughter Resulted In Reducing Shares Of Mother & Widow : Madras High Court
While discussing the 2005 amendments to the Hindu Succession Act, Justice N Seshasayee of the Madras High Court observed that while the amendment ensured that daughter's got a share in the ancestral property, it also took away the quantum of property that would otherwise vest with the widow and the mother of a deceased. “In the din of this euphoria what however, appears to have...
Lakhimpur Kheri Violence | Their Case Stands On Better Footing Than That Of Ashish Mishra: Allahabad HC Grants Bail To 12 Accused
The Allahabad High Court on Monday granted bail to 12 accused in the Lakhimpur Kheri violence incident related to the killings of five persons in October 2021, noting that their case is on a better footing than the case of Ashish Mishra, who was granted bail by Top Court in July this year. The court also factored in that there is a cross-version to the present case, the Supreme Court...