High Court weekly Roundup

ALLAHABAD HIGH COURT

Allahabad High Court dismisses PIL urging Govt. to publish Justice Rohini Commission report on OBC sub-categorization

In a Public Interest Litigation (‘PIL’) filed for directing the State to publish the report of Justice Rohini Commission and make it accessible to the public domain in the interest of justice and the larger public interest, a Division Bench of Arun Bhansali, CJ., and Vikas Budhwar, J. dismissed the PIL in accordance with the provisions of Article 340 of the Constitution of India. Read more

Allahabad High Court quashes criminal proceeding against wife accused of Bigamy due to lack of ingredients to constitute S. 494 IPC offence

In a criminal revision filed with a prayer to quash the summoning order passed by the Additional Chief Judicial Magistrate in a Complaint Case for offences under Sections 494, 504, 506 of the Penal Code, 1860 (‘IPC’), Dr. Gautam Chowdhary, J. while partly allowing the revision, said that it is the solemn duty of the Court to protect apparently an innocent person, not to be subjected to frivolous prosecution on the basis of wholly untenable allegations and complaint. Therefore, to secure the ends of justice, the Court quashed the impugned criminal proceedings against the wife under Section 494 IPC. Read more

Party not contacting counsel for 6 years, cannot seek condonation of delay alleging that counsel did not inform about disposal of case: Allahabad HC

In an appeal filed against the orders passed by the Single Judge, wherein the writ petition filed by the petitioners aggrieved of the order passed by Additional Commissioner has been rejected, the division bench of Arun Bhansali, C.J. and Vikas Budhwar, J., while dismissing the appeal, said that the party, which does not contact the counsel for six years, cannot seek condonation of delay based on the allegations that the counsel did not inform about the disposal of the case. Read more

BOMBAY HIGH COURT

Court can exercise extraordinary jurisdiction on clear election irregularities; Bombay High Court rejects disqualified Voters’ Ballot

The petition was filed challenging the inclusion of ineligible voters in the voter list, validity of bye-law amendments, jurisdictional orders issued by regulatory authorities, and also, sought to ensure compliance with legal requirements in the society’s governance and electoral processes. S.G. Mehare, J., held that the inclusion of certain individuals in the voter list was illegal due to their lack of eligibility as members of the society. The Court set aside the orders made by the Assistant Registrar and the State Government and ordered that the election results be declared excluding the votes of the disqualified individuals.Read more

Ban on liquor sale will only apply to polling areas in Raigad District; Bombay HC modifies Collector’s order of ban on entire Raigad District

The present writ petition was filed challenging the order dated 2-4-2024 issued by the Collector (State Excise) in exercise of powers under Section 142 of the Maharashtra Prohibition Act, 1949 (‘the 1949 Act’), whereby a prohibition was imposed on the operation of licenses issued under the 1949 Act, in view of the ensuing parliamentary elections. The Division Bench of A.S. Chandurkar and Jitendra Jain, JJ., held that the order dated 2-4-2024 issued by the Collector was partly modified, insofar as the prohibition for sale of liquor in Raigad Lok Sabha constituency was concerned, the same would operate in the Vidhan Sabha Constituencies of Pen, Alibagh, Shrivardhan and Mahad; and insofar as Maval Lok Sabha constituency was concerned, the prohibition would operate in Vidhan Sabha Constituencies of Panvel, Karjat and Uran.Read more

Misconduct of overwriting on gate pass, to save one day’s leave, not enough for dismissal from service: Bombay High Court

The present petition was filed seeking to challenge the award dated 25-11-2019 passed by the Presiding Officer, First Labour Court, Pune (‘Labour Court’). A Single Judge Bench of Sandeep V. Marne, J., held that an act of overwriting on the gate pass by changing the reason for absence was undoubtedly a misconduct but did not warrant a penalty as harsh as dismissal from service. Read more

Non-production of the accused before Trial Court on 70 occasions; Bombay HC grants bail; Flags procedural failure by prosecution

In the instant bail application, where the accused sought bail on the ground of the respondent’s failure to produce him before the Trial Court on 70 assigned court dates, the Bench of SG Mehare, J.* granted bail to the accused, flagging failure of the prosecution to produce the accused before the Court for framing of charges and progression of trial. Read more

Provide adequate infrastructure to implement phone calls and e-mulakaat facilities for inmates in prisons: Bombay HC directs State

The present Public Interest Litigation (‘PIL’) was filed with the prayer to issue appropriate direction to the State to implement the provisions of telephonic and electronic modes of communication in terms of Clause 8.38 of the Model Prison Manual, 2016 in all the prisons across the State of Maharashtra. Further, it was prayed that the decision of respondents to discontinue telephonic and electronic modes of communication should be quashed. Read more

Bombay High Court dismisses plea challenging its “Rules for Presentation and Conduct of Proceedings in Person by Parties”

Petitioner, a Law Graduate and a former Judicial Officer, raised a challenge to the Notification dated 9-9-2015 notifying the “Rules for Presentation and Conduct of Proceedings in Person by Parties” (‘the Rules’) on the ground that the Rules prevent a party-in-person from appearing before the Court and arguing his/her case in person. The Division Bench of A.S. Chandurkar* and Jitendra Jain, JJ., held that the bar was not absolute, and the Rules were merely regulatory in nature. The Court opined that the Rules were not prohibitive to offend the provisions of Articles 14 and 19(1)(a) of the Constitution and the Rules were framed to enable presentation and conduct of proceedings by a party-in person smoothly to facilitate the administration of justice. The Court held that the Notification dated 9-9-2015 did not deserve to be quashed on the grounds urged by petitioner.Read more

CALCUTTA HIGH COURT

Calcutta High Court reduces cost imposed on office bearers of Gurudwara Chhota Sikh Sangat for passing excommunication order

An appeal was filed by the appellants (Gurudwara Chhota Sikh Sangat) against an order of excommunication passed against them by the appellants, who are office bearers of a Sangat (a religious community). A division bench of T S Sivagnanam CJ., and Hiranmay Bhattacharya, J., reduced the cost to Rs 25000 to be paid as a deterrent on the appellants and this could be a warning to them that such practice should never be adopted any time in the future.Read more

Calcutta High Court directs authorities to consider Kolkata Metro timings extension till 11:30 pm

A writ petition was filed as a public interest litigation by the petitioner seeking an extension of the timing of the last train operated by the Kolkata Metro based on the comparison with other Metro Rails operating in different cities/states, where the last train typically runs until 11:30 p.m. A division bench of T S Sivagnanam CJ, and Hiranmay Bhattacharya, J., directed the authorities concerned to consider the petitioner’s representation dated 10-07-2023, examine the feasibility of the request made in the representation and provide an appropriate reply to the petitioner within a period of four weeks from the date on which the copy of the representation is submitted in the office. Read more

CHATTISGARH HIGH COURT

‘Live in relationship still continues as a stigma in the Indian culture’: Chhattisgarh HC upholds dismissal of father’s application seeking child custody

An appeal was filed against the judgment dated 13-12-2023 passed by the Judge, Family Court, Dantewada (‘the Family Court’), wherein an application was filed by appellant claiming custody of their child, which according to the appellant was begotten out of the relationship with respondent, was dismissed. The Division Bench of Goutam Bhaduri and Sanjay S. Agrawal, JJ., opined that when one of the parties was Hindu and did not change her religion, the marriage would be an interfaith marriage and it would be governed by Special Marriage Act, 1954 (‘the Act’). Section 4(a) of the Act laid down a condition that marriage between two persons might be solemnized under the Act, if at the time of marriage, neither party had a spouse living. Therefore, the Court opined that even though appellant had a spouse living at the time of the second marriage, he performed the second marriage under the Act, which was void ab initio.Read more

DELHI HIGH COURT

“Matter of concern” that Delhi HC Legal Services Committee did not assist litigant despite several requests; Delhi HC demands affidavit for explanation

In the proceedings of a petition challenging an Award passed by the Presiding Officer Labour Court-IX, Rouse Avenue, wherein it was ordered to reinstate the respondent with full back wages, a Single Judge Bench of Chandra Dhari Singh, J., criticized the actions of the Delhi High Court Legal Services Committee (‘DHCLSC’) for not providing legal aid even after being asked by the Court to appoint a lawyer for the respondent since he could not afford one.Read more

EWS admissions now permissible beyond December 31 in Academic Sessions: Delhi High Court

A writ petition by petitioner, a student belonging to the Economically Weaker Section (‘EWS’) seeking a mandamus to the Adriel High School, Respondent 1 school, to admit him in KG/Pre-primary in accordance with the outcome of the computerised draw of lots conducted by the Directorate of Education (‘DoE’), was allowed by C. Hari Shankar, J.*, while finalising and regularizing the provisional admission granted to the petitioner in Respondent 1 school.Read more

[NGO Operation Asha] Delhi High Court grants leave for suit alleging underlying corruption in foreign funds meant for Tuberculosis Treatment in India

An application was filed under section 92 read with section 151 of the Code of Civil Procedure 1908 (CPC) by Dr. Shelly Batra, co-founder of Operation ASHA (society) (defendant 1) and was the President of the Board of Management of the society seeking leave to institute the present suit in relation to alleged breach by the defendants of an express or constructive trust in relation to the management and affairs of Operation ASHA along with directions for proper administration of the trust and for other reliefs contemplated under section 92 CPC. Anup Jairam Bhambhani, J., held that all elements and ingredients of section 92 CPC are satisfied and therefore, the plaintiffs are entitled to grant of leave to institute the present suit under section 92 CPC.Read more

Never thought one day God would be a litigant before us; Delhi High Court imposes costs of Rs. 1 lakh due to abuse of legal process

The appeal was filed by appellant 1, aged 31-year-old claiming to be the next friend of Lord Hanuman (appellant 2) in response to a legal dispute initiated by respondent 5 seeking to regain possession of property on which a temple was constructed claiming rights over the temple, arguing that it should be considered a public temple due to the nature of public worshiping . C. Hari Shankar, J., dismissed the appeal and held that the temple in question did not qualify as a public temple based on the lack of evidence provided by the appellants. Read more

Delhi HC refuses plea of ailing accused to be admitted in specialized care facility; Sends him back to Tihar Jail

In an application by the petitioner under Section 482 of the Code of Criminal Procedure, 1973, praying to be shifted to RML hospital for six weeks given his deteriorating health, a Single-Judge-Bench of Swarana Kanta Sharma, J., rejected the same while concurring with the opinion of the Medical Board at RML Hospital that the petitioner can be managed well within the Tihar Jail.Read more

Delhi High Court dismiss PIL seeking directions to allow Delhi CM to interact with the Delhi Assembly for efficient governance

A PIL was filed seeking issuance of directions to GNCTD (respondent 1) to provide arrangements for efficient governance of Delhi by allowing the Chief Minister to interact with the Delhi Assembly and Cabinet Ministers via video conferencing subject to any conditions that may be imposed. The Petitioner further seeking issuance of directions to Union of India (Respondent 4) through Secretary, Ministry of Information Technology and Broadcasting to restrain the media channels from creating undue pressure and airing sensational headlines relating to the resignation of the current Chief Minister and imposing President rule in Delhi. A division bench of Manmohan and Manmeet Pritam Singh Arora, JJ., dismissed with costs Rs.1,00,000 to be deposited with AIIMS Poor Fund, New Delhi within two weeks. Read more

JAMMU & KASHMIR AND LADAKH HIGH COURT

Grounds of detention incapable of being intelligently understood, can be termed as vague: J&K and Ladakh HC reiterates

While considering the instant petition wherein the petitioner challenged the impugned detention order against him contending that the grounds for his detention were vague in nature hence no prudent man can make an effective representation against said grounds, the Bench of Rajesh Sekhri, J.*, reiterated if grounds of detention furnished by the detaining authority are not capable of being intelligently understood and sufficiently definite, so as to enable a detenue to make an effective representation, then such grounds of detention may be termed as vague. In other words, the detenue may be able to make an effective representation if the details of the facts, on the basis of which conclusion is drawn by the detaining authority are furnished to him. Read more

Wife attending midnight calls from unknown numbers despite husband’s objections; Not abetment to suicide as defined in S.107, IPC: J&K and Ladakh HC

While considering the instant revision petition filed by the mother of the deceased wherein, she challenged the impugned order discharging the respondent who was accused of offences under Section 306, Penal Code, 1860 (IPC), the Bench of Sanjeev Kumar, J.*, upheld the Trial Court’s decision pointing out that even though the respondent who was allegedly attending the phone calls from unknown numbers during mid-night hours and continued to do so despite the objections raised by her deceased husband; however, such act or omission of the respondent certainly would not fall within the ambit of abetment as defined in Section 107 of IPC, even if the same may have been a cause or reason for the deceased husband to take his own life. Read more

Victims of Terrorism |No bar in raising a claim for compensation, even after lapse of considerable period under Revised CSACV Scheme: J&K and Ladakh HC

While considering the instant matter wherein the petitioners were seeking compensation on account of the death of their children due to blast caused by an unexploded shell in 2007, on account of the negligence of the respondents, the Bench of Sindhu Sharma, J.*, held that the petitioners, who are the next of kin of the deceased children, are entitled to compensation as per the Revised Guidelines of the Central Scheme for Assistance to Civilian Victims/Family of Victims of Terrorists/Communal/Left Wing Extremism (LWE) Violence and Cross Border Firing and Mine/IED Blasts on Indian Territory, 2022 (“CSACV”) in the manner as set up in Clause-2 of the Revised Guidelines.Read more

J&K and Ladakh HC grants bail to relatives accused of gang rape; Takes note of woman’s tendency to improvise allegations involving her in-laws in heinous offences

While deciding the instant bail application wherein the petitioners sought bail on the ground that the allegations of rape and gangrape levelled against them by the 2nd Respondent are totally false and frivolous, the Bench of Sanjeev Kumar, J.*, held that denial of bail to the petitioners who had surrendered before the Court would not serve justice and therefore, the Court granted conditional bail to the petitioners. The Court further took note of the 2nd Respondent’s tendency to improvise and make fresh allegations involving her in-laws in heinous offences in a bid to settle score for her disturbed marital life and that the Police did not bring to Court’ notice any material to show that the petitioners are influential persons who, if released on bail, will influence the investigation.Read more

JHARKHAND HIGH COURT

‘Victim did not raise an alarm despite having opportunity to do so’; Jharkhand High Court set aside conviction and sentence of a man convicted u/s 366A, 376 of IPC

Appeal was directed against the judgment of conviction and order of sentence dated 24-09-2012 and 25-09-2012 respectively, passed by Additional Sessions Judge-VI, Dhanbad (‘the Trial Court’), whereby appellant was held guilty for the offence under Section 366-A, 376 and 511 of the Penal Code, 1860 (‘IPC’). Ambuj Nath, J., opined that radiological age of the victim was assessed to be eighteen years and from the tenor of her cross-examination of the victim, it was apparent that she had wilfully left the house of her father and had accompanied appellant to various places. The Court further noted that she had an opportunity to raise alarm at various public places, but she did not do so. Further, the Court noted that in her trial victim has stated that appellant could not sexually assault her due to his physical weakness and opined that this reflected that there were no intervening circumstances in the attempt of appellant not to commit rape upon the victim.Read more

KARNATAKA HIGH COURT

Karnataka HC holds Para 83, Employees Provident Fund Scheme, 1952 and Para 43A, Employees’ Pension Scheme, 1995, unconstitutional

While considering a bunch of petitions questioning the validity of Para 83 introduced in the Employees Provident Fund Scheme, 1952 (“EPF Scheme”) and Para 43A in Employees’ Pension Scheme, 1995 (“Pension Scheme”), on the ground that these provisions are arbitrary and unconstitutional, the Bench of K.S. Hemalekha, J.*, struck down the impugned provisions reasoning that the legislature arbitrarily and unreasonably enacted para 83, the introduction of the impugned provisions violated Art. 14 of the Constitution and the classification made under them was unreasonable and defeated the very intent of the Employees Provident Fund and Miscellaneous Provisions Act, 1952. Read more

Pepper Spray could not be used as private defence in absence of any prima facie imminent threat to life: Karnataka HC

While considering the instant dispute wherein the petitioners challenged the registration of crime against them under Sections 323, 324, 341, 427, 504, 506 and 34 of Penal Code, 1860 (IPC) for use of pepper spray during a verbal and physical fight involving the respondents, the Bench of M. Nagaprasanna, J.*, took note of the facts in the instant case and relying upon precedents laid down by the Supreme Court, held that the 2nd Petitioner could not have used pepper spray as private defence, as prima facie there was no imminent threat or danger caused to her life. Therefore, it was pointed out that the case at hand would require investigation in the least.Read more

KERALA HIGH COURT

‘Sacrosanct right of woman to bodily integrity under Art. 21’: Kerala HC allows minor rape victim to terminate pregnancy of 28 weeks

In a writ petition filed by the mother of a 16-year-old rape victim, seeking permission to medically terminate the pregnancy in the 28th week, Dr Kauser Edappagath, J., noted that the under Article 226 the Court was vested with wider authority than that specified under Section 3(2) of the Medical Termination of Pregnancy Act, 1971 (‘MTP Act’), and therefore allowed the writ petition.Read more

MADHYA PRADESH HIGH COURT

No disciplinary action required for temporary employee’s termination due to unsatisfactory performance: MP High Court

In a petition challenging the reinstatement order passed by the Presiding Officer of the Labour Court, Ujjain, a single-judge bench comprising of Anil Verma, J., sets aside the impugned order and ruled in favor of the petitioner and held that the termination was justified based on the respondent’s unsatisfactory work performance and loss of confidence.Read more

Exclusion of Professors/Department Heads indicates favoritism; Selection Committee playing ‘a game of pick and choose’: MP High Court

In a petition challenged the appointment of two individuals, respondent 6 and respondent 7, who were appointed as Readers in the departments of Mass Communication and Public Relations & Advertising, respectively, a single-judge bench comprising of Vivek Agarwal, J., held that the impugned appointments were invalid due to failure to meet minimum qualifications and the improper composition of the selection committee and ordered a fresh recruitment process to rectify the deficiencies.Read more

Lok Sabha Elections 2024 | MP High Court affirms rejection of INC’s substitute candidate’s plea to contest from Indore as ‘approved candidate’

In an appeal rejecting the candidateship of the appellant, a member of the Indian National Congress (INC), fielded as ‘substitute candidate’ after the withdrawal of the initially ‘approved candidate’ for the Lok Sabha Elections 2024, a division bench comprising of S. A. Dharmadhikari* and Gajendra Singh, JJ., upheld the rejection of the appellant’s nomination form and the dismissal of the writ petition. The Court held that since the nomination of ‘substitute candidate’ for Indian National Congress had already been rejected and such rejection of nomination was never challenged by the appellant, there exist no question of allowing such a candidate to participate in the elections at Indore as an ‘approved candidate’ of the party.Read more

MADRAS HIGH COURT

‘Disheartening that dehumanizing practice of manual scavenging still subsists’; Madras High Court issues guidelines

In a petition filed seeking eradication of manual scavenging and rehabilitation of all scavengers to more dignified job opportunity within the State of Tamil Nadu, the division bench of SV Gangapurwala*, C.J. and Sathya Narayana Prasad, J. has issued the following guidelines to the authorities. Read more

‘Educational certificates are not marketable commodities under Contract Act’ ; Madras HC directs Thanjavur Medical College to return Student’s original certificates

In a writ petition directing the State to treat the petitioner’s compulsory bond period as completed, and to consequently direct the Directorate of Medical Education, Directorate of Medical and Rural Health Services, and Directorate of Public Health and Preventive Medicine, to relieve the petitioner from the bonded service and direct the Government Thanjavur Medical College, to return the petitioner’s original certificates and documents along with the post-graduate degree certificate, G.R.Swaminathan,J. has directed the College to return the petitioner’s original certificates forthwith and without delay, and the Directorate of Medical Education to formally relieve the petitioner from the bonded service, within a period of four weeks from the date of receipt of a copy of this order. Read more

Madras High Court refuses to transfer 3-year-old son’s custody to biological mother; Grants her liberty to visit him once a week

In a petition filed by the mother of the minor child to direct the State to produce her son, aged about 3 years, from the illegal custody of the respondent 5 and hand over the minor child to the petitioner, the division bench of M.S. Ramesh and Sunder Mohan, JJ. without declaring the custodial rights of respondent 5 over the minor child, said that it would be in the welfare of the child that his care and custody should be retained by the respondent 5 for the present.Read more

MEGHALAYA HIGH COURT

Male member made scapegoat for mistake of both’; Meghalaya HC upholds conviction under POCSO, mitigates life sentence to 10 yrs imprisonment

In a criminal appeal filed against the judgment and order of sentence, passed by the Special Judge (POCSO), District and Sessions Court, Shillong, imposing life imprisonment sentence on the present convict for offence under Section 4 of Protection of Children from Sexual Offenders Act, 2012 (POCSO), the Division Bench of S. Vaidyanathan* CJ, and W. Diengdoh, J. modified the convict’s sentence to ten years of imprisonment and imposed a fine of Rs 10,000. Read more

MANIPUR HIGH COURT

‘Retirement benefits are hard-earned benefits, not gifts’: Manipur HC quashes an order demanding deduction from retirement gratuity

In a writ petition challenging the gratuity payment order dated 22-11-2017 issued by the Office of the Accountant General (A&E), Manipur ordering for recovering of a sum of Rs. 7,21,073 /- from the gratuity payable to the petitioner allegedly on account of over-payment of pay and allowances to the petitioner, and also praying for issuing direction to the State to refund the deducted amount of Rs. 1,89,889/- to the petitioner within a stipulated period, Ahanthembimol Singh*, J. while quashing the impugned order, directed that the deducted amount must be released to the petitioner within two months from the date of receiving a certified copy of this order. Read more

PUNJAB AND HARYANA COURT

Punjab and Haryana High Court stays effect and operation of the circular related to taxability of corporate guarantees

In a writ petition filed by petitioner challenging the constitutional validity of Rule 28(2) of the Central Goods and Services Rules, 2017 (‘CGST Rules’), Rule 28(2) of the Haryana Goods and Service Tax Rules, 2017 (‘HGST Rules’), and circular dated 27-10-2023 (‘impugned circular’) issued by Respondent 3, the Division Bench of Sanjeev Prakash Sharma and Sukhvinder Kaur, JJ., stayed the effect and operation of the impugned circular dated 27-10-2023 to the extent that it clarified that the provision of corporate guarantee between related persons, even when made without any consideration, was to be treated as a supply of service between related parties as per Schedule I of Central Goods and Services Rules, 2017 (‘CGST Act’). The Court further stated that the appellate authority should be free to decide the petitioner’s case without being influenced by the clarification. Read more

‘Failed to consider difference between Punjab and Punjabi language’: Punjab and Haryana HC set aside syllabus of Paper 1 for Punjabi language in teachers recruitment exam

In a writ petition filed by the petitioners, who were the applicants for recruitment to the post of Elementary Trained Teacher (‘ETT’), the Division Bench of Sanjeev Prakash Sharma* and Sudeepti Sharma, JJ., opined that in the present case, the authorities introduced a pre-requisite qualification for passing Punjabi language test. Since all the candidates were expected to have passed Punjabi language in the matriculate examination, testing them on the said language in a selection process could not be said as changing the rule. Further, the marks obtained in Punjabi language were not the part of preparation of merit list for the main selection. Thus, the Court opined that there was no change in the rules of the game after the selection process had started. Read more

ORISSA HIGH COURT

‘Cryptocurrency not ‘money’ under PCMCS Act’; Orissa High Court grants bail in cryptocurrency ponzi scheme case

In a batch of bail applications filed by the accused persons under Section 439 of the Code of Criminal Procedure, 1973 (‘CrPC’) seeking the grant of bail in cases arising out of the First Information Report(‘FIR’) lodged under Sections 420, 467, 468, 471 and 120-B of the Penal Code, 1860 (‘IPC’) read with Section 4, 5 and 6 of the Price Chits and Money Circulation Schemes (Banning) Act, 1978 (‘PCMCS Act’) and Section 6 of the Odisha Protection of Interests of Depositors Act, 2011 (‘OPID Act’), Sashikanta Mishra*, J. allowed the bail application on certain terms and conditions for absence of a proximal nexus between the accused persons and the alleged offences, as there was no evidence to show that they had convinced members of the general public to invest money on promise of high returns rather the investors acted on their own volition. The Court held that Cryptocurrency is not ‘money’ within the meaning of the PCMCS Act’.Read more

Once school declared an aided educational institution, State Education Tribunal has jurisdiction to adjudicate questions of employment & not Regional Director: Orissa HC

In an application under Articles 226 and 227 of the Constitution of India against an order passed by the Joint Director (Schools), Regional Directorate of Education, Bhubaneswar, wherein it was directed that the selection of the 3rd peon of the school was invalid, Sashikanta Mishra*, J., opined that the impugned order was unsustainable in the eyes of law, thereby allowing the writ petition. It was held that the Regional Director lacked authority, making the State Education Tribunal the rightful adjudicator under Section 10-A and Section 24-B of the Orissa Education Act, 1969, as during the pendency of appeal before the Regional Director, the School was given the status of grant-in-aid and become a non- Government aided educational institution within the meaning of Section 2(b) of the Orissa Education Act, 1969 (Act’).Read more

[Rape & Murder of 6-yr-old] ‘Every saint has past & every sinner has future, human endeavour should be to hate sin & not sinner’; Orissa HC commutes death sentence to life imprisonment

A reference under Section 366 of the Code of Criminal Procedure, 1973 (‘CrPC’) was filed by the 3rd Additional Sessions Judge -cum- Presiding Officer, Children’s Court, Cuttack (‘Trial Court’) for confirmation of the death sentence imposed on the convict. A criminal appeal was filed by the convict against the judgment and order of conviction passed by the Trial Court. The Division Bench of SK Sahoo and RK Pattanaik, JJ. dismissed the death sentence reference and allowed the criminal appeal in part.Read more

RAJASTHAN HIGH COURT

No bar on permanent parole under Rule 14(c) of Rajasthan Parole Rules for overstaying temporary parole: Rajasthan High Court

In a parole petition filed under Article 226 of the Constitution of India seeking to quash the State Parole Committee’s order and requesting permanent parole, a division bench comprising of Ashutosh Kumar and Inderjeet Singh, JJ., held that overstaying parole was not a ground to reject the plea for permanent parole under Rule 14(c) of the Rajasthan Prisoners (Release on Parole) Rules, 1958 ( the Rules), and hence, ordered the quashing of the rejection order and directed the release of the petitioner on permanent parole, subject to certain conditions.Read more

Mob lynching of rape accused| ‘People not allowed to take law in their hands’; Rajasthan High Court denies bail

In an appeal against the rejection of bail applications filed by three appellants who are accused of lynching rape accused, a single-judge bench comprising of Anil Kumar Upman, J., after considering the serious nature of the offenses and the allegations against the appellants, including their alleged involvement in the mob lynching of the deceased, refused to grant bail to the appellants. Read more

TELANGANA HIGH COURT

Telangana High Court directs Delhi Police not to take any coercive action in alleged doctored video of Union Minister Amit Shah’s case

In the present writ petition filed under Article 226 of the Constitution, B. Vijaysen Reddy, J., granted interim relief to the petitioners and directed the respondents to not take any coercive steps against them.Read more

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