News Updates
Order XXVI CPC | Order Refusing Appointment Of Local Commissioner Not Revisable: Punjab & Haryana High Court
The Punjab and Haryana High Court while dealing with a revision petition for setting aside order passed by the Additional Civil Judge dismissing plaintiff's application for appointment of a Local Commissioner, held that order refusing appointment of Local Commissioner does not decide any issue nor does it adjudicate rights of the parties and hence would not be a revisable order. It...
Failure To File Income Tax Return | Prosecution U/S 276CC IT Act Not Permissible Without Previous Sanction Of Appropriate Authority: Delhi High Court
The Delhi High Court has made it clear that a person cannot be prosecuted for the offence under Section 276-CC (Failure to furnish returns of income) of the Income Tax Act, except with the previous sanction of the Principal Commissioner/appropriate authority.A single judge bench of Justice Asha Menon held,"Since the law provides that without sanction u/s 278B of the IT Act, the Department...
All High Courts Weekly Round Up: July 11, 2022 - July 17, 2022
Allahabad High Court NOMINAL INDEX State of U.P. v. Baij Nath And Others 2022 LiveLaw (AB) 316 Nahid Hasan v. State of U.P. 2022 LiveLaw (AB) 317 Vice Chairman Abss Institute Of Technology v. State Of U.P. And 4 Others 2022 LiveLaw (AB) 318 Shireen v. State Of U.P. And Ors 2022 LiveLaw (AB) 319 Committee of Management, Imambara Qadeem, Manauri, District Prayagraj through...
No Need To Pass A Fully Reasoned Order If Cognizance Is Taken On A Police Report: Allahabad High Court
The Allahabad High Court has observed that if cognizance has been taken on a police report, then there is no need to pass a fully reasoned order if from the perusal of the cognizance order it appears that the court has applied its mind to the materials on record. It may be noted that a Police Report means a report forwarded by a police officer to a Magistrate under Section 173 (2) CrPC.The...
Madras High Court Releases On Probation Mother Who Killed Her Two Daughters Due To Societal Taunts About Bearing Only Female Children
In a rare incident, the Madras High Court released a mother, convicted for killing her two daughters, on probation of good conduct under Section 4 of the Probation of Offenders Act, 1958. Justice Bharatha Chakravarthy saw the case as a testimony to the gender inequality prevailing in the country. The mother, who had birthed three girl children, being unable to bear the taunt of the...
Choice Of Collector In Appointing Lambardar Must Be Respected Unless It Is Perverse: Punjab & Haryana High Court Reiterates
Punjab and Haryana High Court has recently reiterated the well settled position of law that the choice of the Collector in appointing Lambardar must be respected in all cases unless and until it is perverse.It is settled law that the choice of the Collector must be respected unless and until the same is perverse. The bench comprising Justice Sudhir Mittal, further added that...
"Ensure That Court Matters Aren't Delayed Unnecessarily": Rajasthan High Court To State's Pension Dept Over Delay In Filing Replies
The Rajasthan High Court on Tuesday directed state's Pension and Pensioners Welfare Department to take apposite steps to prevent delay in filing replies to judicial proceedings and ensure that the Court matters are not delay unnecessarily. Justice Arun Bhansali made the observation while hearing the case of a retired Ward Boy of Ayurvedic Department whose pension was not released since more...
Continued Incarceration Would Endanger His Life, Violate Article 21: Bombay HC On Bail To 72-Yrs-Old Alleged Naxal Operative In Gadchiroli Blast Case
Continued incarceration would endanger 72-year-old ailing naxal operative Satyanarayana Rani's life in gross violation of Article 21 of the Constitution, the Bombay High Court said in its detailed order granting him bail in the 2019 Gadchiroli IED blast. A division bench of Justices V. G. Bisht and Revati Mohite Dere noted that -Satyanarayana was suffering from serious ailments, and...
Supreme Court Collegium Recommends Elevation Of 7 Judicial Officers As Andhra Pradesh High Court Judges
The Supreme Court Collegium has approved the proposal for elevation of seven Judicial Officers as Judges in the Andhra Pradesh High Court. The approval was given in its meeting held on 20th July, 2022. Following are the Judicial Officers whose proposal for elevation has been approved: 1. Shri Adusumalli Venkata Ravindra Babu, 2. Shri Vakkalagadda Radha Krishna Krupa Sagar, 3....
Supreme Court Collegium Recommends Elevation Of 9 Judicial Officers As Allahabad High Court Judges
The Supreme Court Collegium has approved the proposal for elevation of nine Judicial Officers as Judges in the Allahabad High Court. The approval was given in its meeting held on 19th July, 2022. Following are the Judicial Officers whose proposal for elevation has been approved: 1. Smt. Renu Agarwal, 2. Shri Mohd. Azhar Husain Idrisi, 3. Shri Ram Manohar Narayan Mishra, 4. Smt....
Supreme Court Collegium Recommends Elevation Of 5 Judicial Officers As Karnataka High Court Judges
The Supreme Court Collegium has approved the proposal for elevation of five Judicial Officers as Judges in the Karnataka High Court.The approval was given in its meeting held on 19th July, 2022.Following are the Judicial Officers whose proposal for elevation has been approved: 1. Shri Anil Bheemsen Katti, 2. Shri Gurusiddaiah Basavaraja, 3. Shri Chandrashekhar Mrutyunjaya Joshi, 4. Shri...
Forcing Pregnancy Would Permanently Scar Her Psyche: Delhi High Court Permits Minor Rape Survivor To Terminate 26 Weeks Pregnancy
The Delhi High Court has permitted a minor victim of sexual assault to terminate her pregnancy of 25 weeks and 6 days old pregnancy. Justice Yashwant Varma, while noting that the Medical Termination of Pregnancy Act deals with pregnancies which may only extend upto 24 weeks, highlighted that in exceptional situations, the Court could invoke its extraordinary powers to permit for such...