Juvenile Apprehending Arrest May 'Suo Moto' Appear Before JJ Board To Seek Bail: Punjab & Haryana High Court

The Punjab and Haryana High Court while dealing with a case involving juvenile in conflict with law who allegedly committed offences punishable under Sections 379-B, 427, 511 of the IPC, held that if the juvenile in conflict with law suo motu makes appearance before Juvenile Justice Board concerned in respect of the petition offences, thereupon the said appearance would be deemed to be...

Hormonal Imbalance/ Irregular Menstruation Of Women Cannot Be Considered As Female Impotency: Madras High Court

The Madras High Court has held that hormonal imbalance or irregular periods would not amount to impotency of a woman and would not mean that she is unfit to have sex. Justice RN Manjula observed thus while hearing a revision petition against a Family Court's order directing a woman's medical examination on her husband's plea for annulment of marriage citing non-consummation.The bench held...

Mere Gathering Of More Than 5 Persons Not "Unlawful Assembly": Madras HC Quashes Case Against Law Students Protesting Against Srilankan Govt

The Madras High Court recently quashed criminal proceedings against 11 law students accused of raising slogans against the Srilankan Government, demanding their "Tamil Ealam issues". Justice N Satish Kumar observed that the students had democratically raised protest against the inaction of the police and such a gathering could not be held unlawful. The court observed as under:At any event,...

PIL Seeks Special Assistance For All Differently-Abled Students In Exams; Kerala High Court Issues Notice To Centre, State & Education Dept

A Public Interest Litigation (PIL) has reached the Kerala High Court seeking assistance for all differently-abled students in examinations, regardless of the percentage of their disability.A Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly recently issued notice to the Centre, State and the relevant State Education Separtments in the plea. The PIL has also sought rules...

[No PMLA Case Without Scheduled Offence] ED Approaches Bombay High Court Against Special Court's Release Order Based On SC Judgment

The Bombay High Court on Wednesday agreed to hear ED's plea against an interim order directing the release of two accused in a money laundering case following the Supreme Court's recent judgement on the Prevention of the Money Laundering Act (PMLA). Justice PD Naik granted ED circulation for Thursday after the matter was mentioned by Special Public Prosecutor Hiten Venegavkar...

Child's Convenience To Be Given Preference While Transferring Petitions Filed For Custody: Kerala High Court

This was all the more so if the wife was abroad and appearing through a power of attorney holder.

Former Kerala Finance Minister Thomas Issac Moves High Court Challenging ED Summons In Connection With KIIFB Transactions

Dr.Thomas Issac, former Finance Minister of Kerala and a member of the Communist Party of India (Marxist), has approached the Kerala High Court challenging the summons issued by the Enforcement Directorate seeking his appearance in connection with the financial transactions of the Kerala Infrastructure Investment Fund Board (KIIFB).In the writ petition, Issac stated that the ED,...

Assessee Has Statutory Right To File An Appeal Even After Voluntary Payment Of GST/Penalty: Kerala High Court

The Kerala High Court has held that assessees have a statutory right to file an appeal even after the voluntary payment of GST or penalty.The single bench of Justice Gopinath has observed that the culmination of proceedings in respect of a person who seeks to make payment of tax and penalty under Section 129(1)(a) does not result in the generation of a summary of an order under Form...

Arnesh Kumar Guidelines: AP High Court Directs Police To Comply With Arrest Procedure, Issue 41-A CrPC Notices

The Andhra Pradesh High Court recently disposed of two applications for anticipatory bail in separate cases, while directing the state Police to ensure that the procedure and guidelines issued by the Supreme Court in Arnesh Kumar v. State of Bihar are complied with before effecting arrest.The judgment obligates the Police to issue notice of appearance under Section 41-A CrPC in all cases...

Collection Of Relevant Or Tangible Material Required For Opening Section 148A Proceedings: Rajasthan High Court

The Rajasthan High Court has held that the authority is required to reach satisfaction that income chargeable to tax has escaped assessment but in cases where three years have elapsed from the end of the relevant assessment year, the order under Section 148A for issuance of notice could be passed if there were no statutory impediment as contained in Section 149(1)(b) of the Income...

Statement U/S 164 CrPC Is A Public Document, But Third Party Has To Establish Direct Interest To Get A Copy: Kerala High Court In Saritha's Plea

In a significant decision, the Kerala High Court on Thursday held that a statement recorded under Section 164 of the Code of Criminal Procedure is a public document falling under Section 74(1)(iii) of the Indian Evidence Act since it is the record of an act of a public officer done in the discharge of his duty.However, Justice Kauser Edappagath also clarified that no person is entitled to a...

Climate Change | Sincere Efforts Made By Centre For Providing Better Environment: Delhi High Court

This Delhi High Court has appreciated the efforts made by the Ministry of Environment, Forest, and Climate Change as well as other Ministries for ensuring implementation of the steps in respect of climate change and for "providing a better environment for the generations to come."The development comes in a PIL filed by one Rohit Madan, seeking constitution of an Expert Committee to...