HC Can’t Discharge Functions of Appellate Authority over Decision of the Statutory Authority: MP HC

A division bench of Madhya Pradesh High Court held this court cannot sit over the decision of statutory authority and discharge the functions of an appellate authority.The petitioner instead of approaching the higher authorities straight away moved the high court to challenge the decision of the district collector pertained to construction of the panchayat building.A division bench comprising...

Bombay HC Upholds Conviction of Two for Possession of Counterfeit Currency

The Bombay High Court has upheld the conviction of two for possession of counterfeit currency. The accused were held guilty under Section 489 C of the Indian penal Code by the Additional Sessions Judge at Sewree, Mumbai.They were sentenced to suffer rigorous imprisonment of five years and a fine of Rs.5000 was imposed on them.Justice AM Badar was hearing an appeal filed by the two accused...

Every Activist Judge In India Is A Linear Descendant Of Jaiprakash Narayan: Prof. Upendra Baxi [Video]

NALSAR Lecture Series on Constitutionalism hosted its seventh speaker, Professor Upendra Baxi, who is also an Adjunct Professor at NALSAR, on the 17th of February, 2017 at the M.K. Nambyar SAARC Law Centre at NALSAR University of Law, Hyderabad. He spoke on the topic ‘Constitutionalism and Identity’. Professor Baxi recollected his previous visits to NALSAR, and termed ‘Justice City’...

Communications Made In Course Of Disciplinary Proceedings Protected By Qualified Privilege: Calcutta HC [Read Judgment]

If the plaintiff is able to establish malice on the part of the defendant in conducting an enquiry proceeding against him by issuing charge sheet, the defence of privilege will not be available to the defendant, the Court said.The Calcutta High Court has held that a charge sheet issued against an employee in a disciplinary proceedings, the enquiry report and the letter of dismissal are...

Legal Representative Can’t Challenge MACT Award After Claimant’s Death: Karnataka HC [Read Judgment]

However, the bench said if it is possible to make out the cause of death as due to personal injuries owing to accident, the wife gets a right to further prosecute the appeal.The Karnataka High Court in Hussain vs. Imtiyan Khan has held that a legal representative of a claimant cannot challenge the award and she does not inherit the right to prosecute the appeal after death of the...

Allahabad HC Strikes Down Ordinance Reserving 80% Seats For Lucknow University Graduates [Read Judgment]

The High Court of Allahabad recently struck down an Ordinance passed by Lucknow University, by which 80% seats of the LL.M. programme were reserved for law graduates of the University.“From the discussion made herein above, which is based on the aforesaid two judgments of Hon'ble Supreme Court, I have no doubt that though institutional preference, in the present case, would be permissible...

‘Regressive Laws’ Continue To Curb Freedom Of Speech & Expression In India: Amnesty Annual Report [Read Report]

In its annual State of World’s Human Rights Report for 2016-17, Amnesty International (AI) has said the authorities have used repressive laws to curb freedom of expression and to silence critics.The NGO report highlights and expresses serious concerns over burning human rights issues plaguing the nation.The report slams the repeated use of sedition laws in the country to curb freedom of...

Delhi HC Suggests Correctional Measures For Reforming Rape Convict [Read Judgment]

The Delhi High Court on Monday directed the superintendent at Tihar Jail to consider appropriate correctional measures to reform a rape convict sentenced to 10-year imprisonment.A division bench comprising Justice Gita Mittal and Justice Anu Malhotra modified the life imprisonment awarded by trial court to 10 years of imprisonment after considering various mitigating circumstances relating to...

Govt Can’t Withdraw Criminal Cases In Whimsical, Arbitrary Manner: Allahabad HC (FB) [Read Judgment]

A full bench of Allahabad High Court on Monday held that the state government cannot exercise power under Section 321 of Code of Criminal Procedure to withdraw criminal cases in a whimsical and arbitrary matter.Section 321 of CrPC 1973, deals with the power of public prosecutor/assistant public prosecutor to withdraw case of which he is in-charge after obtaining written permission from the...

Investigation Can’t Be Quashed Just Because Investigating Officer Lacks Territorial Jurisdiction: Bombay HC [Read Judgment]

The Bombay High Court has recently held that a criminal investigation cannot be quashed on the ground that the investigating officer has no territorial jurisdiction.A division bench of Justice KK Sonawane and Justice SS Shinde dismissed a petition filed by four accused to quash an FIR against them under Sections 498A, 323,504 and 506 R/W S.34 of IPC.It was alleged in the petition that the...

No Bar For Police To File Final Report After Initial Refer Report: Madras HC [Read Order]

The Madras High Court has recently held that there is no illegality in filing a second final report implicating an accused, after filing an initial refer report, referring the case as mistake of fact.Justice Kalaiyarsan was hearing a petition filed by an accused challenging the order of a magistrate ordering further investigation and subsequent final report implicating him.The police...

Comparative Advertising Per Se Doesn’t Amount To Disparagement: Delhi HC [Read Judgment]

In the face of consumer law developments, reliefs for disparaging advertising have to be restricted to gross cases, the court held.Dismissing suits by ‘hypersensitive’ shampoo manufacturers, the Delhi High Court has held that comparative advertising, i.e., comparing own product with that of competitor’s and calling own superior / better than competitor‘s, would not amount to...