High Court Seeks Delhi Govt's Response On PIL Seeking Clean Drinking Water, Proper Sanitary Conditions In Tihar Jail

The Delhi High Court on Monday sought Delhi government's response to a public interest litigation seeking clean drinking water and proper sanitary conditions in Tihar Jail.A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad issued notice in a plea moved by Delhi High Court Legal Services Committee stating that depriving basic amenities to the jail inmates is...

'Removal From Service Cannot Become A Ground For Filing Sexual Assault Complaint': Karnataka HC Quashes Sexual Harassment Case Against Post Master

The Karnataka High Court has quashed a sexual harassment case against a post master, who was booked by the police on a complaint filed by a temporary Group-D employee in 2018.A single judge bench of Justice K. Natarajan allowed the petition seeking quashing of the criminal proceedings registered for offences punishable under Section 354(A) read with 34 of IPC.The bench said, "Merely the...

Appellate Court Cannot Reduce Sentence If Trial Court Awarded 'Minimum Punishment' Prescribed By Statute: Sikkim High Court

The Sikkim High Court has reiterated that minimum sentence prescribed by the statute has to be imposed on the guilty and it cannot be reduced by the Appellate Court.It clarified that courts cannot impose less than the 'minimum sentences' prescribed by the statutes while convicting persons for commission of offences. To buttress the position of law, the Division Bench of...

'Gateway For Future Acquisition': PIL in Bombay High Court Seeks Protection Of Mahim National Park From Dharavi Slum Redevelopment Project

The Bombay High Court on Monday asked the Dharavi Slum Rehabilitation Authority to respond to a PIL seeking exclusion of Mahim Nature Park, a protected forest, from the Dharavi Redevelopment Project and the tender issued for it.While the Authority informed the court that the Nature park wouldn't be 'redeveloped', the court comprising CJ Dipankar Datta and Justice Abhay Ahuja sought a statement...

State Govt Well Equipped To Decide Legality Of Panchayat Decisions, S.191 Kerala Panchayat Raj Act Is An Efficacious Alternate Remedy: High Court

The Kerala High Court on Tuesday, while dismissing two Writ Petitions, observed that Section 191 of Kerala Panchayat Raj Act, 1994 is an efficacious, alternate statutory remedy against any resolutions or decisions taken by the panchayat.Section 191 of the KPR Act deals with the power of cancellation and suspension of resolutions etc. and the Court observed that as per the provision,...

Even If Consent Is Presumed Willingness Was Absent As Per Minor's Medical Examination: Allahabad HC Denies Bail To Rape Accused

Taking into account the definition of 'rape' as per Section 375 of IPC, the Allahabad High Court recently observed that the offence of rape is made out even if there was consent on the part of the victim, however, willingness was absent. It may be noted that sexual intercourse under 7 circumstances falling under Section 375 Of IPC can constitute rape and such circumstances...

Court Flooded With Cases Concerning Allotment Of Fair Price Shops: Karnataka HC Asks State To Take Forward 'One Nation One Ration Card' Policy

The Karnataka High Court has expressed concern over the rising litigation relating to allotment of fair price shops under the Public Distribution System and has asked State's Food and Civil Supplies Department to take appropriate steps to 'put its house in order'.A single judge bench of Justice M Nagaprasanna was dealing with a case whereby the licence to run fair price shop of...

Consider Having 'Pre-Set Schedule' For All India Bar Examination: Delhi High Court To Bar Council Of India

The Delhi High Court on Monday directed the Bar Council of India (BCI) to inform it about the next scheduled date of All India Bar Examination (AIBE), which was conducted last on October 30, 2021.Justice Pratibha M Singh also asked the BCI to consider having a "pre-set schedule" for conduct of AIBE so that the uncertainty regarding the dates of the biannual examination can be resolved...

Writ Of Certiorari Can't Be Issued To Examine Adequacy Of Evidence Adduced Before Lower Court/Tribunal: Orissa High Court Reiterates

The Orissa High Court has clarified that a proceeding cannot be drawn for issuance of the writ of certiorari merely to challenge a finding of fact recorded by a Lower Court/Tribunal, on the ground that the material evidence adduced before the forum was 'insufficient' to sustain the finding. While placing reliance on the ruling of the Supreme Court in Syed Yakoob v. Radhakrishnan, ...

'No Politics In Devotion': Karnataka HC Asks Parties Agitating Shifting Of Deity From New Temple To Old Dilapidated Premises To Approach Civil Court

The Karnataka High Court has refused to issue directions in a plea against shifting of the deity from the newly constructed Kamsagara Beeralingeshwara and Hinde Mallikarjunaswamy Temple at Chitradurga district back to the old temple, which is in a dilapidated condition.The Court however ordered status quo keeping in mind public safety and asked the parties to agitate their respective...

Allahabad HC Disapproves Of Govt Admin's Act Of Demolishing Lawyer's House In 'Undue Haste', Filing FIRs Against Bar Members

The Allahabad High Court recently rapped the Amethi District Administration for their act of filing successive FIRs and demolishing the buildings owned by the Members of the District Bar Association without serving them any notice. "Lodging of the FIRs, undertaking demolitions and even making the complaint to the Bar Council of U.P. against the President and formal office bearers...

'Deserves Detailed Hearing': Delhi High Court Seeks RBI's Response On PIL Seeking 'Uniform Banking Code' To Regulate Foreign Exchange Transactions

The Delhi High Court on Monday sought response of the Reserve Bank of India (RBI) in a public interest litigation moved by Advocate and BJP leader Ashwini Kumar Upadhyay, seeking implementation of a "Uniform Banking Code" for Foreign Exchange Transactions.Observing that the matter deserves a detailed hearing, a division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium...