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High Courts Weekly Round-Up
Allahabad High Court Reiterating that the State Government has the power to accord written permission for withdrawal of prosecution, the High Court quashed an order rejecting the application for withdrawal filed by the prosecution, and directed the trial court to consider the application afresh.Section 125 of the Code of Criminal Procedure, which is not community centric or...
[Tis Hazari Violence] Do Not Resort to Any Sort of Abstention or Boycott of Courts From Tuesday: BCI Appeals To Lawyers
In view of the quick and positive step taken by the Hon'ble High Court of Delhi in this sensitive matter for redressal of grievances of the Bar, the Bar Council of India appeals to the Advocates of the country to maintain peace and harmony and not to resort to any sort of abstention or boycott of Courts from Tuesday, the 5th November, 2019.
Punjab And Haryana HC Issues Directions To Ensure Proper Functioning Of Prisons [Read Judgment]
The Punjab and Haryana High Court has passed a series of mandatory directions to ensure that the prisons function properly and that humane living conditions are provided to the cell inmates in the State. The interim order has been made in a petition filed by one Dr. Swarandeep Singh, who came across grave irregularities in the functioning of jails, during his visits to the Central...
Victim Cannot Appeal Against Inadequate Sentence Under Section 372 of CrPC: Delhi HC [Read Judgment]
Delhi High Court has clarified the position of law on the right of the victim to file an appeal under section 372 of the Criminal Procedure Code. The court has held that the said the provision doesn't allow the victim to file an appeal for enhancement of sentence imposed on the convicted person. While denying the victim the right to move such an appeal, Justice Vibhu Bakhru went...
Tripura HC Rejects Bail Plea Of CPI(M) MLA Badal Choudhury In PWD Scam [Read Judgment]
The Tripura High Court on Thursday refused to grant bail to CPI (M) MLA Badal Choudhury, one of the prime suspects in the PWD Scam case. While adjudicating upon the bail plea filed by Chodhury's wife, the single judge bench of Justice Arindam Lodh said, "I am not inclined to grant bail in favour of the accused person. In my opinion, thorough investigation is necessary to unearth...
Justice Rajendra Menon Appointed As Chairperson Of Armed Forces Tribunal
Justice Rajendra Menon, former Chief Justice of Delhi High Court, has been appointed as the Chairperson of Armed Forces Tribunal.Earlier, on September 30, Chief Justice of India Ranjan Gogoi had told in open court that Justice Rajendra Menon had been recommended to the post. On this, the Attorney General K K Venugopal submitted that the Appointments Committee of the Cabinet (ACC) will clear...
Telangana HC To Hold Sitting On First And Third Saturdays Of Every Month To Hear Old Cases
With a view to reduce the arrears of cases, the High Court of Telangana has decided to hold special sittings on first and third Saturdays of every month to hear pending cases.A press note issued by the Registrar General of the High Court stated that the special sitting was intended to "dispose of the old matters and to achieve the target of 5+0".The list of old cases, likely to be taken up...
Human Life Cannot Be Measured In Terms Of Income Potential Alone; Bombay HC Enhances Compensation In Accident That Killed A 10-Yr-Old Girl
The Bombay High Court recently enhanced compensation granted to the kin of victims, 10-year-old Savita and her mother, who died in an accident 29 years ago after a State Transport bus dashed against an oncoming tractor trolly.Justice Anuja Prabhudessai set aside the judgement of Motor Accident Claims Tribunal, Satara dated March 20, 1996 wherein a compensation of Rs.51,800 with interest at...
When Child Is Sent For Higher Education Abroad, Concurrence Of Both Parents, Particularly One Who Is Paying For It Is Necessary: Bombay HC
The Bombay High Court recently held that when a child is being sent abroad for higher education abroad, concurrence of both the parents, particularly the one who is paying for it is necessary. Division bench of Justice Akil Kureshi and Justice SJ Kathawalla were hearing an application filed by one Sheetal Bhatija in her appeal against the family court order wherein the respondent...
Delhi HC Raps Trade Marks Registry For Delay In Registrations, Says Process Needs to Be Streamlined
Delhi High Court has rapped Trade Marks Registry for complaints being filed against the delays caused in processing the registration applications. The court also noted that there have been several lapses in the functioning of the Registry. While dealing with such complaints, Justice Pratibha Singh noted that there is something amiss in the functioning and procedural administration...
Possession of Single Cartridge Without a Firearm Would Not Attract Liability Under The Arms Act: Delhi HC Reiterates
Delhi High Court has recently reiterated that recovery of a single cartridge from a person, without the recovery of a firearm along with it, would not attract liability under the Arms Act. Justice Suresh Kumar Kait went on to note that the accused would be protected under section 45(d) of the Arms Act if possession of the ammunition was unconscious, there was no arm with the accused...
Walayar Rape Deaths : Reasons Stated By POCSO Court For Acquitting The Other 3 Accused [Read Judgments]
The copies of the judgment pronounced by the First Additional Sessions Court, Palakkad on October 25 acquitting three accused in the rape-deaths of Walayar sisters was released on Friday.The case pertained to death of two sisters, who were subjected to sexual offences. The elder sister, aged 13, was found hanging in her one-room house on January 13, 2017. Two months later, the younger...