Psychological Aspect Not Enough To Put Two Lives In Danger: Rajasthan HC Dismisses Plea For Termination Of Minor Rape-Survivor's Pregnancy

Rajasthan High Court rejected a petition by the father of a minor rape victim for termination of his daughter's 26-weeks pregnancy, since the same was medically opined as dangerous for both the girl as well as the foetus.The bench of Justice Avneesh Jhingan ruled that the social, economic and psychological impacts were to be taken into consideration while taking the decision, however,...

Prisoners Cannot Be Asked To Wait For Over One Year To Avail Parole In Emergency Situations Involving Their Family: Bombay High Court

Issues like family members' serious illness, wife's delivery, natural calamities etc are unforeseen and thus a prisoner cannot be asked to wait for one and a half years, till he becomes eligible to avail the facilities of furlough or parole leaves, the Bombay High Court held recently.A division bench of Justices Bharati Dangre and Manjusha Deshpande directed the Superintended of Central...

"Matter Involves International Issues, Policy Decision To Be Taken By Centre": Delhi HC On PIL To Grant Admission To Rohingya Refugee Children

The Delhi High Court on Tuesday (October 29) refused to entertain a public interest litigation (PIL) petition seeking directions to the Delhi government and the Municipal Corporation of Delhi to grant admission to Rohingya refugee children in local schools. In doing so, the court orally said that the matter involved "international" issues having "ramifications on security and citizenship"...

Bombay High Court Orders Enquiry Against Police Officers For Using AC, Water-Cooler, TV, Computer At Police Station Without Paying Supplier

The Bombay High Court was recently disturbed to note that a police station in Thane city used air-conditioners, water coolers, computers, LED TV, printers and other valuable electronic devices, for free and later on when the supplier demanded money, the station officers returned the equipments without paying a penny.A division bench of Justices Sarang Kotwal and Dr Neela Gokhale ordered...

Gross Impropriety And Abuse of Judicial Power: Madras HC Sets Aside Discharge Of Former CM Panneerselvam In DA Case

The Madras High Court has set aside the discharge of former Tamil Nadu Chief Minister O Panneerselavm in a disproportionate assets case in 2012. While setting aside the order of Chief Judicial Magistrate, Sivagangai permitting the prosecution to withdraw the case, Justice Anand Venkatesh noted that the order of special judge smacked of gross impropriety and abuse of judicial...

Prisoners Are Not Slaves, Cannot Be Tortured In Inhuman Ways To Punish Them For Their Crimes: Madras High Court

The Madras High Court recently observed that the prisoners were not slaves and could not be treated in inhuman ways to punish them for their crimes. The court added that torturing inmates would only propagate crimes and not mitigate them. The bench of Justice SM Subramaniam and Justice V Sivagnanam made the observations in a plea by a prisoner's mother alleging that he was being...

Applicability Of Section 5 Of Limitation Act To Petition U/S 34 Of Arbitration Act Is Excluded: Himachal Pradesh HC

The Himachal Pradesh High Court Bench of Ms. Justice Jyotsna Rewal Dua held that the prescribed period under Section 34(3) of the Arbitration Act is three months and further that given the language used in proviso to Sub-Section 3 of Section 34 of the Act, applicability of Section 5 of Limitation Act to the petition under Section 34 of the Act has been excluded.Brief FactsAward was passed by...

Two Adjudication Orders Against One Show Cause Notice For The Same Period Is Not Permissible: Delhi High Court

The Delhi High Court stated that two adjudication orders against one show cause notice for the same period is not permissible.The Division Bench of Justices Yashwant Varma and Ravinder Dudeja was dealing with a case where a show-cause notice had been issued to the assessee under Section 74 of the CGST Act, 2017. This notice was duly adjudicated by the department, resulting in an order....

No Surprise Claims Can Be Flung Or Sprung Upon Corporate Debtor Once Resolution Plan Is Approved: Delhi High Court

The Delhi High Court bench comprising Chief Justice Manmohan and Justice Tushar Rao Gedela has reiterated that once a Resolution Plan is approved by NCLT, all prior claims against the Corporate Debtor are extinguished under the "clean slate" theory. The court stated, “According to the said theory, the successful Resolution Applicant in order to get a fresh breath or new lease of life,...

Bombay High Court Allows Medical Officer To Contest Upcoming Elections; Orders State To Accept Resignation

The Bombay High Court on Tuesday ordered the Maharashtra Government to accept the resignation of a Medical Officer, who seeks to contest in the upcoming State Legislative Assembly elections.A vacation court presided over by Justices Sandeep Marne and Manjusha Deshpande ordered the State to accept the resignation of Dr Rohan Borse, a Grade 'A' Medical Officer deployed at the District...

Death By Negligence | Prosecution U/S 304A IPC Not Permissible If Offence U/S 92 Of Factories Act Already Initiated: Karnataka HC

The Karnataka High Court has reiterated that initiating prosecution under Section 304-A (causing death by negligence) of the Indian Penal Code, against the owners/manager of a factory is impermissible when already prosecution for the offence punishable under Section 92 of the Factories Act, 1948, has been initiated.A single judge bench of Justice Mohammad Nawaz allowed the petitioner filed by...

Delhi High Court Relaxes 2020 Riots Case Accused's Bail Condition, Permits Him To Travel Outside The City To Attend Sister's Wedding

Relaxing a condition imposed in a 2021 order while granting bail to a man booked in connection with the murder of Head Constable Ratan Lal during the 2020 North-East riots, the Delhi High Court on Tuesday (October 29) permitted the man to attend his sister's wedding in Bijnor, Uttar Pradesh. On September 3, 2021 the high court had granted bail to Shadab Ahmad, booked in FIR No. 60/2020...