News Updates
J&K&L HC Reserves Judgment On Father's Plea To Perform Last Rites Of His Son Killed In Hyderpora Encounter
The Division bench of the High Court of Jammu and Kashmir and Ladakh comprising Chief Justice Pankaj Mithal & Justice Javed Iqbal Wani on Wednesday concluded the hearing in the plea filed by a father seeking permission to perform last rites as per religious faith for his son Amir Latief Magrey, who was killed in Hyderpora Encounter, at the graveyard where he was buried by the police....
Bombay High Court Seeks Status Report On 2008 Malegaon Blast Case From Trial Court, NIA
The Bombay High Court has directed the Special NIA court to submit a status report on the Malegaon 2008 blast trial against BJP MP Pragya Singh Thakur and Lieutenant Colonel Prasad Purohit and five others. A division bench of Justices Revati Mohite Dere and V G Bisht also directed the National Investigation Agency to file an affidavit within two weeks detailing the number...
Young Minds Develop Negative Notions Of Justice Delivery System: Kerala HC Suggests Introducing Child-Friendly Rooms In Family Courts
The Kerala High Court has suggested introducing child-friendly rooms in all Family Courts in the State after finding that they were operating with inadequate infrastructure and facilities. The Court thereby directed the Registrar of the District Judiciary to submit a report on the number of POCSO Courts functioning in the near vicinity of all Family Courts and to explore the possibility...
Udaipur Killings | National Investigation Authority Re-Registers Case Against Two Accused
The National Investigation Agency of India has re-registered case against accused who conspired, planned and committed the heinous murder of Shri Kanahiya Lal Telli on 28.06.2022 in Udaipur, Rajasthan.The case has been re-registered under sections 452, 302, 153(A), 153(B), 295(A) & 34 of the Indian Penal Code and sections 16, 18 & 20 of the UA(P) Act, 1967 against the accused...
Cannot Invoke Article 226 If An Effective And Statutory Remedy Exists Before NCLAT: Madras High Court
The High Court of Madras Bench comprising of Justice T. Raja and Justice K. Kumaresh Babu, while adjudicating a writ petition filed in Sunku Vasundhara v State Bank of India, has held that when an effective and statutory remedy lies before the Appellate Authority i.e. National Company Law Appellate Tribunal (NCLAT), aggrieved parties cannot invoke Article 226 of the Constitution of...
Under 'Right Of Subrogation' Guarantor Is Entitled To Initiate CIRP Against Principal Borrower: NCLT Kolkata
The National Company Law Tribunal ("NCLT"), Kolkata Bench, comprising of Shri Rohit Kapoor (Judicial Member) and Shri Harish Chander Suri (Technical Member), while adjudicating a petition filed in Orbit Towers Pvt. Ltd. v Sampurna Suppliers Pvt. Ltd., has held that if a Guarantor pays the debt on behalf of the Principal Borrower, then it steps into the shoes of the Creditor and...
Non-Compliance With S.279, 281 CrPC Only An Irregularity But That Is Not Permission To Violate It: Kerala High Court
The Kerala High Court has ruled that failure to interpret evidence against the accused in the language they are familiar with, as mandated under Sections 279 and 281 of CrPC, may be a mere irregularity, but the prosecution is not allowed to violate these provisions.Justice PG Ajithkumar observed so in the light of precedents which establish that non-compliance with Sections 279(1), 279(2)...
Can't Allow Bail On Parity When Co-Accused Was Granted Bail Without Assigning Any Reasons: Allahabad High Court
The Allahabad High Court has observed that if bail is granted to similarly placed co-accused persons without assigning any reasons, then, on the basis of such bail orders, merely on the ground of parity, the bail application should not be allowed.Essentially, the Bench of Justice Sameer Jain was dealing with the case of one Manish who was seeking bail in connection with a murder case wherein...
Discussions About Working For Islam Not Incriminating: Bombay High Court Grants Bail To Man Accused Of IS Links After 7 Years Of Incarceration
The Bombay High Court has granted bail to a man from Parbhani, accused of taking an oath of allegiance to the banned terror organisation Islamic State and booked under the Unlawful Activities (Prevention) Act. A division bench of Justices Revati Mohite Dere and VG Bisht granted bail to Mohammad Raisuddin noting that laboratories had given divergent views connecting "oath" document...
'May Cause Mental Trauma': Delhi High Court Refuses To Interfere With Child's 9 Days' Custody To Mother For Foreign Travel
The Delhi High Court has observed that in matters relating to custody of children, Court has to give paramount consideration to the welfare of the children. A vacation bench comprising of Justice Dinesh Kumar Sharma was dealing with a plea challenging an order dated June 8, 2022 passed by the Family Court whereby the Court permitted the mother to take the child to Malaysia for a period of...
Accused Can't Be Convicted For Charge Which Is Not Framed By Trial Court: Karnataka High Court
The Karnataka High Court has set aside the conviction handed down under the Prevention of Food Adulteration Act by the trial court for a charge which it did not frame against the accused, and remanded the matter back to be considered afresh. A single judge bench of Justice H P Sandesh while allowing the petition filed by one M. Ajithkumar said "There is a glaring error on the part of...
'Turns A Blind Eye To Merit': Calcutta High Court Sets Aside Private Trust Nominations To PG Courses In Govt Medical College
The Calcutta High Court has recently set aside the nominations made to post-graduate medical courses in the Institute of Post-Graduate Medical Education & Research (IPGEM&R) by a private Trust by opining that such a process turns a blind eye to merit and that it would entail the public being on the receiving end of sponsoring future-doctors without knowing whether they are the best of...