Wrongful detention | Gujarat HC grants 1 Lakh compensation to prisoner who spent 3 years in jail after Bail
The Convict was released on regular bail on 29-09-2020, however, the jail authorities did not open the E-mail containing the bail order.
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Gujarat HC discusses NCPCR guidelines for conducting preliminary assessment under Section 15 of JJ Act
“The preliminary assessment is not a trial or just a simple routine task, but an exercise to assess the child’s capacity to commit and understand the consequences of the alleged crime. It decides the fate of the child in conflict with the law”.
Gujarat HC sets aside orders for Juvenile’s trial as an adult; directs JJ Board to conduct fresh preliminary assessment
“JJ Board and the Children’s Court to conduct the preliminary assessment into heinous offences in a very meticulous way with the psychological evaluation, taking the assistance of experienced psychologist and medical specialist”.
Gujarat HC upholds husband’s conviction for murdering wife with a hammer
The circumstances and the witness statements proved the husband’s complicity in killing wife beyond reasonable doubt.
Orissa High Court holds Daman Pratirodha Mancha to be an unlawful association as activities are akin and identical to Naxalite movements
“Every association has a right to protest against the act of the State Government within the meaning of the fundamental rights enshrined in the Constitution of India. But if it exceeds the limits in the name of protest, the same cannot be covered under the protective umbrella of the fundamental rights as enshrined under the Constitution”.
Benefit under Vera Samadhan Yojana-2019 cannot be denied due to erroneous figures in Intimation letter of tax assessment: Gujarat HC
Vera Samadhan Yojana-2019 is a benevolent scheme floated by the State for the assessees to see that principal amount of tax is recovered on waiver of interest and penalty, if any, so as to reduce the future litigation.
‘Trial Court’s conviction based on sheer morals’; Orissa HC acquits murder convicts in 20 years old case
“The crime committed may be cruel or ruthless but the evidence on record has to be evaluated dispassionately and objectively to see whether the accused is responsible for the said crime or he is innocent”.
‘Habeas Corpus is a writ of right and not writ of course, cannot be issued to trace out missing persons’: Orissa HC
“Illegal confinement is a pre-condition to issue a writ of habeas corpus, it cannot be issued in respect of any and every missing person”.
Gujarat HC allows minor to terminate 19 weeks pregnancy; quotes Skanda Purana highlighting value of mother in society
“माता के समान कोई छाया नहीं, कोई आश्रय नहीं, कोई सुरक्षा नहीं। इस विश्व में माता के समान कोई जीवनदाता नहीं।”
HIGH COURT SEPTEMBER 2023 WEEKLY ROUNDUP| Stories on Teacher-Recruitment scam; Omar Abdullah; Senthil Balaji; Live-in Relationships; and more
A quick legal roundup to cover important stories from all High Courts this week.
Inside Gujarat High Court Verdict on why parents forcing children below age of 3 years to go to pre-school is an illegal act
“National Education Policy, 2020 regards the age of below six years as the age of ‘early childhood care and education’ and there are studies showing that 85 percent of a child’s cumulative brain development occurs prior to the age of six”.
Gujarat High Court holds selection of tender through random algorithm process by machine as transparent and fair
“No arbitrariness can be attached to the selection process through random algorithm method, as there is no human intervention in selection of the bidder”.
‘Doctor is always expected to treat or aid patient to best of his knowledge and ability’; Orissa HC rejects Doctor’s plea to quash S. 304-A proceedings
“Negligence is a breach of duty imposed by law and it may be either civil or criminal depending upon the nature and gravity of the negligence. Criminal negligence, on the other hand, is gross and culpable, neglect or failure to exercise, reasonable and proper care and precaution to guard against injury, either to the public generally or to an individual in particular”.
‘Inculcate a culture of better treatment of animals, even if they are bred to be culled’: Meghalaya HC
The Meghalaya High Court said that the State may consider being a model in the Country regarding the ethical treatment of animals.
Power to transfer proceedings between High Courts u/s 25 of CPC is exclusively vested in Supreme Court: Delhi High Court
“The Delhi High Court cannot exercise power to transfer proceedings between two separate High Courts as the said power of transfer between two High Courts, can be exercised in terms of Section 25 of the Civil Procedure Code, 1908, by only the Supreme Court.”
Delhi HC dismisses PIL seeking removal of blockades while travelling from Supreme Court Additional Building to Delhi High Court
The traffic authorities are the best judges to decide the issue of regulation of traffic in the city and the Court while exercising its jurisdiction under Article 226 of the Constitution of India cannot sit over as an Appellate Authority over the decisions taken by the traffic authorities for regulating the movement of traffic in the city.
Mass burial of Kuki-Zo community: Manipur HC directs State and Centre to maintain status quo ante of land where burial was proposed
A big mob from both the communities had gathered in and around the land in question and at any moment violence would have taken place, hence the Acting Chief Justice took up the matter at 6:00 A.M.
ASO Recruitment| Orissa HC rejects review petition of Order quashing merit list of short-listed candidates
Mere inclusion of the name in the select list does not confer any right to claim for appointment.
Know Thy Judge| Justice Devendra Kumar Upadhyaya: 47th Chief Justice of Bombay High Court
Justice Devendra Kumar Upadhyaya was appointed as Chief Justice of Bombay High Court on 24-07-2023.
‘Being a married woman and accustomed to sexual intercourse, she could have protested or resisted’: Orissa HC while setting aside conviction u/s 376(2)(f)
The Court stated that if the victim, who is a grown-up woman and having experience of sex, fails to offer sufficient resistance to the accused who was attempting to have sex with her, the Court may find that there was no force, or the said act was not against her will.