News Updates
"State Bound To Ensure Education Of Special Children Isn't Prematurely Interrupted": P&H High Court Orders Relief For Child With Down Syndrome
Taking into account the mandate of The Right of Children to Free and Compulsory Education Act, 2009, and The Rights Of Persons With Disabilities Act, 2016, the Punjab and Haryana High Court recently observed that special children have a fundamental right to elementary education and the right to grow up in society up to their optimum potential.The Bench of Justice Sudhir Mittal further...
"Society Has To Protect Animals From Cruelty": Calcutta High Court Orders SP To Find Out 'Rescue Pig' Stolen From Court Premises
The Calcutta High Court recently expressed deep displeasure at the lackadaisical attitude of police authorities in investigating the case relating to a 'missing pig' which was forcibly taken away from the Kalyani Court premises.A Single Judge Bench of Justice Shampa Sarkar observed,"The paramount consideration in this investigation should be to protect the interest of the animal, apart...
Appellate Courts Can Allow Additional Evidence U/S 391 CrPC Only In "Exceptional Circumstances": Jharkhand High Court
The Jharkhand High Court has held that Appellate Courts can allow additional evidence under Section 391 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') only in "exceptional circumstances" and the same cannot be used merely to fill in lacuna that might exist in the evidence. While upholding the order of the Lower Appellate Court, a Single Judge Bench of Justice Sanjay Kumar...
Man Gets Wrong Product From Flipkart: Kerala High Court Directs Police To Redress His Grievance Within One Month
The Kerala High Court recently directed the concerned District Police Chief to expeditiously resolve the grievance of a petitioner who had received a wrong laptop, delivered to him by Flipkart. Justice Ziyad Rahman A.A disposed of the petition with a direction to the Kottayam Police Chief to take up the petitioner's complaint and redress the matter within a period of one month. The petitioner...
PIL Filed In Delhi High Court Seeking Resumption Of All Recruitment Process Cancelled Due To "Agnipath Scheme"
A PIL has been moved in the Delhi High Court to resume all recruitment process (of the years 2020 and 2021) cancelled due to introduction of Centre's Agnipath Scheme and to conduct Written Examination in all pending centres. The plea also sought directions to prepare merit list and give permanent commission to the selected candidates as per the scheme of advertisements, prior to introduction...
Nine New Additional Judges Sworn In Bombay High Court; Strength Rises To 62
Nine new judges took oath as additional judges in the Bombay High Court today. The strength of the court has increased to 62 judges as against its sanctioned 94 judges. Last week, the central government had notified their appointment to the court after the Supreme Court had given its recommendation to elevate ten lawyers to the bench on 16th February, 2022. The lawyers who have...
Delhi High Court Grants Bail To Two Incarcerated For 7 Yrs Over Alleged Recovery Of 21 Kg 'Ganja'
The Delhi High Court has granted bail to two men who were incarcerated for about 7 years and 2 months for having been allegedly found in possession of 21 KGs of 'ganja'. Justice Asha Menon noted that the minimum sentence prescribed for the offence was 10 years rigorous imprisonment whereas, both the men were incarcerated since 26th May, 2015 i.e. for 7 years and 2 months. "A certain latitude...
11 Yrs Of Frivolous Litigation: Bombay High Court Reprimands Petitioner In Person, Imposes 1 Lakh Cost
The Bombay High Court recently reprimanded a Pune resident, seeking second review of the court's earlier decision, stating that the petition was without merit and constituted abuse of process and law. A penalty of Rs. 1 lakh was imposed on the petitioner. The petitioner had filed multiple similar cases in the Bombay High Court as well as Supreme Court with the same material arguments...
Senior Citizen May Claim Right Of Exclusive Residence Even If 'Right' Or 'Interest' Is Lower Than An Exclusive Ownership Right: Delhi High Court
The Delhi High Court has observed that under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, a senior citizen may claim a right of exclusive residence even though he or she may only be able to establish a "right" or "interest" in such property, even if such right or interest be lower than an exclusive ownership right. "Ultimately, the authorities under the Act are obliged...
'Grave Danger To Physical & Mental Health': Madras High Court Allows Termination Of 13 Yrs Old Rape Victim's 28 Weeks Pregnancy
Coming to the aid of a 13 years old rape victim, the Madras High Court recently allowed termination of her 28 weeks + 3 days old pregnancy on a plea by the girl's father. Justice Abdul Quddhose observed that even though the pregnancy had crossed the legal period of 20 weeks, it had to be noted that she was a small statured girl and was not mentally or physically strong to withstand...
S.138 NI Act | Non-Executive Directors Not Liable For Company's Actions/ Omissions Unless Involved In Day-To-Day Affairs: Bombay High Court
The Bombay High Court has quashed criminal proceedings against independent non-executive directors of Tecpro Systems Ltd while stating that they were not responsible for day-to-day functioning of the company. The court was dealing with an application requesting quashing of criminal proceedings before the trial court in a cheque bounce case under the Negotiable...
Delhi Lost Over 1.5 Lakh Yrs Of Tree Life Due To Permitted Tree Felling, Govt Projects Must Keep Environmental Issues In Consideration: High Court
Observing that the national capital has lost 1,54,000 years of tree life because of the permitted tree-felling, the Delhi High Court has observed that the Government projects are necessarily required to keep environmental issues into consideration. "No amount of concrete- scaping can replace the loss of or damage to the green cover," Justice Najmi Waziri said. The Court, while hearing a...