Mere Assumption Of Any Situation On Hypothetical Criteria Is Not A Proof On The Principles Of Preponderance Of Probabilities: Allahabad HC [Read Judgment]

The Allahabad High Court on Wednesday held that the disciplinary authority was erroneous in assuming a situation without supporting evidence and that the principle of preponderance of probability could not be relied upon in a case of no-evidence. Background The Petitioner, H. L. Saini, was a CISF Constable, accused of consuming opium and also administering it to a co-constable, Shailesh. In...

Karnataka HC Says It May Not Pass Orders On J&K Clampdown As SC Is Considering The Issue [Read Petition]

Kashmir native studying in Bengalurur has moved HC challenging the blockade.

Telangana HCBA Resolves To Abstain From Work Against Proposal To Transfer Justice Sanjay Kumar to P&H HC

The Telangana High Court Advocates' Association has resolved to abstain from work till Saturday, starting today, as a sign of protest against the recommendation of the Supreme Court Collegium to transfer Justice P. V. Sanjay Kumar of the Telangana High Court to the Punjab and Haryana High Court.The Association has resolved to request the Supreme Court collegium to recall the proposal and...

CBI Court Remands Ratul Puri To 14 Days Judicial Custody In Bank Fraud Case

The CBI court, Rouse Avenue, Delhi has ordered a judicial custody of 14 days for Kamal Nath's nephew Ratul Puri in Central Bank fraud case. Ratul Puri, former executive director of digital data storage company Moser Baer India Ltd, had also moved a surrender application before another CBI judge Arvind Kumar who reserved his order on August 29. The counsel for Ratul Puri Advocate asked for...

Power To Grant Leave Must Be Exercised With Care As The Presumption Of Innocence Is Further Strengthened By The Acquittal - Delhi HC [Read Judgment]

Delhi High Court refused to intervene in the acquittal order passed by the Additional Sessions Judge wherein a man was acquitted of charges under section 6 of the POCSO Act for having consensual sexual intercourse with a woman who misrepresented her age before the said man. In State v. Kaishar Ali, a criminal leave petition was filed by the State where it submitted that the...

Unnao Case: Sessions Court Suggests Part Proceedings In-Camera At AIIMS

In a rare development, a Delhi court Monday suggested holding part of the proceedings, in-camera, at AIIMS in the 2017 Unnao rape case in which expelled BJP MLA Kuldeep Singh Sengar is the key accused. After the in-camera hearing at the court on Monday, lawyers appearing in the case said that District Judge Dharmesh Sharma asked the counsel of the accused whether the statement of the...

MCI Can Distinguish Between Persons with Disabilities In MBBS Admissions: Rajasthan HC [Read Judgment]

The Jaipur bench of the Rajasthan High Court on Wednesday allowed the Medical Council of India (MCI) to distinguish between persons with disabilities for the purpose of admission in MBBS course. Background On February 2, 2019, MCI promulgated the Regulation on Graduate Medical Education (Amendment), 2019 (the Regulation). As per Annexure H of the Regulation, "Both hands intact, with...

Desist From Displaying Designation On Personal Vehicles: Allahabad HC Asks All Judicial Officers [Read Circular]

The Allahabad High Court, on the directions of Chief Justice Govind Mathur, issued a circular yesterday, asking all judicial officers of the state to desist from displaying their designations on their personal vehicles or on the number plates of their personal vehicles. The circular stated that the same had been prohibited earlier also vide circulars issued in 1993 and 2006 but the...

MCA Issues Circular Clarifying The Issue Of 'Appointed Date' In Amalgamation Or Merger Schemes

The Ministry of Corporate Affairs (MCA) has issued a clarification with regard to the interpretation of the provision of section 232(6) of the Companies Act, 2013. The MCA said that it had received several queries on whether it is mandatory to indicate a specific calendar date as 'appointed date' in the schemes referred to in the section. After examining the matter in detail...

'Father Cannot Be Presumed To Be Aware Of Son's Surreptitious Acts' : Bombay HC Grants Relief In Habeas Petition [Read Order]

The Bombay High Court last week directed the release of one Arvindkumar Dhakad who was arrested by the Directorate of Revenue Intelligence on allegations of smuggling gold.Division bench of Justice Indrajit Mahanty and Justice NB Suryawanshi heard a writ of habeas corpus filed by Dhakad's son Mayank alleging that his father's arrest was in violation of Article 22(1) of the Constitution of...

PIL In Bombay HC Seeks To Stop On-Going Construction Of Sea Front Road In Daman [Read Petition]

A Public Interest Litigation filed in the Bombay High Court seeking directions to the authorities to stop work and set aside the in principle approval granted for constructing the "Sea front road and beautification of Devka Beach" at Nani Daman. Right To Information (RTI) activist, Jitendra Maru in his petition states that he obtained information under the RTI Act that only in...

'Judicial & Administrative Overreach' : Patna HC Full Bench Quashes Justice Rakesh Kumar's Order [Read Judgment]

A Full Bench of the Patna High Court has quashed the controversial order of Justice Rakesh Kumar directing CBI probe into corruption allegations in lower judiciary.The bench consisting of Chief Justice Amreshwar Pratap Sahi, Justices Anjana Mishra and Anil Kumar Upadhyay termed Justice Kumar's August 29 order as one of "judicial and administrative overreach".Justice Kumar had passed the order...