Author: Kartik

On Wednesday, the Supreme Court issued a notice in a transfer petition seeking the transfer of all the pending petitions to the apex court from the High courts of Bombay, Madras, Kerala. This Transfer petition is filed by the BCI. This petition was listed before a bench headed by the Chief Justice of India. Senior Advocate Manan Kumar Misha, the chairman of the Bar Council of India appeared from BCI and submitted that the high enrolment fees are charged to cover the expense and welfare measure. The court observed that this can not happen. High fees can not be charged…

Recently, the high court of Kerala at Ernakulam dismissed an original petition and held that the amendment application can be allowed by the family courts even in the absence of the provision for the same in the Criminal Procedure Code. The case was heard by a single-judge bench presided by Justice V G Arun who relied on precedents to come to the above-mentioned conclusion. The court, after hearing the arguments, observed that in my opinion, technicalities have no place in maintenance proceedings because Section 125’s goal is to lessen the suffering of destitute women and children. Instead of pondering unimportant…

On Wednesday, The High Court of Orissa at Cuttack quashed all the criminal proceedings pending against the input editor of the Orissa Television Ltd. (OTV). This decision was given in the petition filed by the petitioner under s. 482 of the Code of Criminal Procedure, 1972 seeking the quashing of FIR. This petition was heard by a single judge bench presided by Justice Muralidhar who is the Chief Justice of Orissa High Court. In addition to the quashing, the court also pronounced that the offenses listed in the FIR are not even prima facie made out. The conversation is casual…

On Wednesday, The High Court of Judicature at Madras pronounced a judgment directing the medical college authorities to deposit the fees collected as donations from the students, in the joint account of authorities. This case was filed under the Article 226 of the Constitution praying for a writ of mandamus. In furtherance to such declaration, the court observed and ordered that the aforementioned sum may be used as a special scholarship to cover tuition costs for more deserving applicants who will be admitted to the one-year M.B.B.S. degree programme beginning in the academic year 2024–2024 at any Government or Private…

On Friday, the Karnataka High Court dismissed a petition by observing that it is time to stop the corruption problem in its tracks by making bribe-givers just as liable for prosecution as brib-takers. This petition was clubbed with another petition which was filed by the co-accused for quashing the FIR and information record. The matter was listed before a single-judge bench presided over by Justice M Nagaprasanna. The owners and their two employees, Kailash Raj, Chetan Marlecha and Vinay Raj were charged under the offence of sections 7, 8, 9 and 10 of the Prevention of Corruption Act, 1988. The…

On Thursday, The Karnataka High Court dismissed an appeal by holding that there is no error in the findings of the Learned Singh Judge in the present appeal. The appeal was listed before the division bench presided by Justice SG Pandit and Justice Vijay Kumar Patil. This appeal had been heard on 15 June 2024 and was reserved for “pronouncement of Judgment”. The bench observed that we do not find any error in the aforementioned findings of the learned Single Judge calling for interference in the present appeal. The learned Single Judge has considered the case of the grantee on…

On Wednesday, The High Court of Judicature for Rajasthan dismissed a petition holding that the acquittal in a criminal case does not exonerate the petitioner from the departmental inquiry. The case was heard by a Single Judge Bench headed by Justice Anoop Kumar Dhand. He remarked that the court does not serve as an appellate forum while engaging in judicial review of the disciplinary authority’s conclusions. He further observed that the principles governing criminal trial and departmental enquiry are different. The burden of proving the elements of an offence beyond a reasonable doubt falls on the prosecution in a case…

On Tuesday, The Himachal Pradesh High Court passed a judgment disposing of the order passed by the lower court. The bench comprising Justice Jyotsna Rewal Dua decided on the issue of whether “the deposit made by the respondent before the learned District Judge aligned with the requirement of Section 19 of the Act or not”. Answering in negative, the court noted that the requirement is not met and therefore the case is disposed of. Along with the disposal, the court also stayed the execution of the impugned order dated 30th Oct 2021. The court, inter alia, held that the requirement…

On Monday, The Jammu & Kashmir and Ladakh High Court, while hearing an appeal based on NDPS and Arms Act pronounced that section 55 of the NDPS Act is a stringent requirement. Under S. 55 of the NDPS act, it is the duty of the police station in charge to immediately take charge and keep the contraband safe. And based on the same, the prosecution is obligated to prove the same. The obligation does not stop by keeping the contraband in safe custody. The person also has to forward the same to FSL without any delay. If the prosecution is…

On June 25th, RBI governor Shaktikanta Das claimed that more than 2/3rd of Rs 2000 notes have been returned to the banking system. This claim came as a surprise as the policy was only announced 1 month prior (on May 19th). Currently, the Rs 2000 notes circulating in the market value are around Rs 3.62 lakh. The deposit of this 2/3rd amount calculates to Rs. 2.41 lakh crore out of the total pool of Rs. 3.62 lakh crore according to the data on March 31, 2024. Further to ease the panic, the RBI governor explained that People do not need…