Applications Under Sections 438 And 439 CrPC Not Maintainable For Offences Under Karnataka Protection of Interest of Depositors Act: High Court

The Karnataka High Court has said that a petition under Section 438 (anticipatory bail) or 439 (bail) of CrPC is not maintainable when offences under Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (KPIDFE) are incorporated in the FIR. A single judge bench of Justice Rajendra Badamikar said that an accused aggrieved by dismissal of bail plea has remedy...

Punjab and Haryana High Court Allows Minor Rape Victim's Plea For Termination Of Pregnancy Of 26 Weeks

Allowing a 17-year-old rape victim to get her pregnancy of 26 weeks terminated at a hospital, the Punjab and Haryana High Court recently observed that the child, if born, would be a reminder of trauma and agony for the minor.Justice Vinod S. Bhardwaj in the ruling said, "As an unwanted child, the member is also likely to either live a tormenting life filled up with taunts to his origin or...

'Medical Geneticist' Not Required To Undertake Competency Based Test Under Pre-natal Diagnostic Techniques Training Rules: JKL High Court

The Jammu and Kashmir and Ladakh High Court on Friday ruled that doctors who possess one of the medical qualifications recognized under the Indian Medical Council Act, 1956 and have experience of not less than two years in the field of sex selection or pre-natal diagnostic techniques fall within the ambit of term "medical geneticist". It held that medical geneticists shall not be under...

"State Fully Empowered To Draw Its Own Policy": MAT Frowns At Maha Govt For Resisting Transgender Entry In Police Department

The Maharashtra Administrative Tribunal on Friday frowned at the State Government's resistance to add the option of "other gender" to the application form for enrolment of transgenders in the state police department. Even as the Maharashtra Government cited administrative difficulties and the need for a policy from the Central Government first, MAT Chairperson Justice Mridula Bhatkar...

NDPS Act | Recovery Made Without Compliance Of Section 50 Cannot Be Sustained: Delhi High Court While Granting Bail To Foreigner

Granting bail to a Nigerian in a drugs case after nearly four years of custody, the Delhi High Court has said that any recovery made without compliance of Section 50 of the NDPS Act "itself cannot be sustained" and no reliance can be placed on it."Since the mandatory requirement of Section 50 of the NDPS Act has not been met in the first instance, the recovery itself is under doubt. Any...

Prasar Bharati Cannot Encrypt DD Sports: Delhi High Court, Dismisses Amazon's Plea Against Broadcast Of India-New Zealand Cricket Series On Dish TV

Upholding an interim order of the Telecom Disputes Settlement and Appellate Tribunal, the Delhi High Court on Friday ruled that Prasar Bharti cannot encrypt the contents of DD Sports as long as it remains in the list of Free-to-air channels which are required to be compulsorily carried by all cable operators.Justice Yashwant Varma said DD Sports has been made FTA by the government in exercise...

High Court Directs Delhi Police To Take Action Against 'Prostitution Rings' Operating 'Under Garb Of Massage Parlours'

The Delhi High Court has directed the Delhi Police to ensure that all steps are taken to prevent prostitution rings from being operated "under the garb of massage parlours".A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad disposed of a public interest litigation filed by one Ateet Bansal against the operation of "sex rackets or illegal flesh trade" in...

Delhi High Court Orders Telegram Messenger To Disclose Identity Of Users Sharing Dainik Jagran's ePaper

The Delhi High Court has directed the instant messaging app Telegram to comply with a 2020 order directing it to disclose the basic subscriber information of the users who unauthorisedly upload and share ePaper of Dainik Jagran newspaper in PDF in their channels.Justice Navin Chawla took note of the submission that the issue regarding disclosure of identity of users by Telegram is no longer...

Mere Filing Of FIR Against Restaurant Owner Not Ground To Cancel Its Performance License, Unless Case Results In Conviction: Bombay HC

Observing that mere registration of a criminal case cannot be a ground to cancel performance license of a restaurant unless the case results in a conviction, the Bombay High Court recently set aside the cancellation of performance licence of Geeta Lunch Home, a restaurant in Mumbai. "It is settled law that until held guilty, a person should be treated as innocent, and...

[S.24 Hindu Marriage Act] Posting Job Offer Letter On Social Media Insufficient Proof Of Wife's Employment: Bombay HC

The Bombay High Court granted interim maintenance to a woman in a matrimonial matter, observing that mere social media post about a job offer does not mean that she was actually employed. While dealing with a writ petition, Justice Sandeep V. Marne of the Aurangabad bench set aside family court's order denying maintenance pendente lite to the petitioner-wife. High Court said that...

POCSO Act | Sexual Harassment Of A Child Is A Cognizable And Non-Bailable Offence: Delhi High Court

The Delhi High Court has ruled that sexual harassment of a child, which is punishable under Section 12 of Protection of Children from Sexual Offences (POCSO) Act, 2012, is a cognizable and non-bailable offence.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said that the offence would fall within the scope of the second category of Part II of Schedule I...

There Must Be Causal Connection Between Breach Of Contract And Loss Sustained By Party Claiming Damages: Calcutta High Court

The Calcutta High Court has held that for claiming damages, there must be a causal connection between the breach of contract and the loss sustained by the party who suffers the breach.While dealing with a suit for recovery of earnest money, Justice Ravi Krishan Kapur observed,"The general aim of the law of damages is to protect the innocent party's defeated financial expectation and...