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Tag: High

  • High Court’s Order On Vehicle Re-Registration Implemented In JK, Details Here

    High Court’s Order On Vehicle Re-Registration Implemented In JK, Details Here

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    SRINAGAR: The Jammu and Kashmir High Court’s judgment in Case WP(C) 669/2021 titled Zahoor Ahmad Bhat vs. Govt of J&K and Ors, regarding the re-registration of vehicles from outside Jammu & Kashmir, has been implemented by the Transport Department. As a result, the contempt petition (CCP (D) 16/2021) filed against the Department officials for non-compliance with the judgment has been closed.

    According to Shahnawaz Bukhari, RTO Kashmir, this issue was raised two years ago, and more than 99% of cases are pending where a seller outside the UT transfers a car to a buyer in Kashmir, and Section 50 of the MV Act is applicable. In the case of Zahoor Ahmad Bhat, who owned a car in Delhi and changed his residence to Kashmir, section 49 of the MVA is applicable, and a case has also been filed in the Supreme Court of India in this regard.

    Bukhari explained that the department is taking 9% token charges proportionate to the remaining life of the car. If someone sells the car after 11 years of its life, the department would charge proportionately to the remaining life of the vehicle. He added that owners could claim a proportionate refund from the previous state/UT, so there is no question of double tax.

    He further added that the department’s intention was to provide relief to the 99% of car owners entangled in this issue. The Division Bench of the High Court, comprising Chief Justice N. Kotiswar Singh and Justice Moksha Qazmi, issued the order closing the contempt proceedings on May 3, 2023, at the petitioner’s request. The Transport Department’s compliance with the court’s judgment dated April 29, 2021, in the petitioner’s case was noted, leading to the closure of the contempt proceedings.

    The closure of the proceedings will put an end to the long-drawn legal battle and provide much-needed relief, especially to those who purchased cars for commercial purposes.

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    #High #Courts #Order #Vehicle #ReRegistration #Implemented #Details

    ( With inputs from : kashmirlife.net )

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  • Domestic air traffic touches all-time high on April 30; Scindia says India rising

    Domestic air traffic touches all-time high on April 30; Scindia says India rising

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    New Delhi: Domestic air traffic touched an “all-time high” of 4,56,082 passengers in a single day on Sunday, with Civil Aviation Minister Jyotiraditya Scindia saying that the skyrocketing passenger number is a sign of the country’s rising prosperity.

    The country’s domestic air traffic has been on the recovery path for the past many months after being severely hit by the coronavirus pandemic.

    “Indian Domestic Air Travel Hits New High, surpasses pre-Covid Average”, on April 30, the civil aviation ministry said in a tweet on Monday.

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    A total of 4,56,082 passengers flew on 2,978 flights on Sunday, as per the ministry. India’s domestic air traffic reaches new heights with an all-time high!” it said.

    Prior to Covid, the average daily domestic passenger number was 3,98,579. In a tweet, Scindia said that the country’s civil aviation sector is setting new records every day.

    Post Covid, skyrocketing domestic air passenger number is a sign of the country’s rising growth and prosperity, he added.

    In March, domestic carriers flew 128.93 lakh passengers, an increase of 21.4 per cent compared to the year-ago period.

    During the January-March period, the airlines carried 375.04 lakh passengers, according to the latest data from the aviation regulator DGCA.



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    ( With inputs from www.siasat.com )

  • Only Court Can Transfer Undertrial Prisoners: JK High Court

    Only Court Can Transfer Undertrial Prisoners: JK High Court

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    SRINAGAR: The JK and Ladakh High Court on Monday ruled that the power to transfer an undertrial prisoner from one jail to another only vests with the Magistrate or the Court.

    Live Law Wire reported that the court or magistrate is the ultimate authority to shift an undertrail prisoner after it has remanded the detenue to a certain prison, and jail authorities cannot have a say in this.

    Referring to the Prison Manual 2022-for the superintendence and management of prisons in the Union Territory of Jammu and Kashmir read with Prisoners Act, 1900, a bench comprising of Justice M A Chowdhary observed that the transfer of an undertrial can be done by a judicial order in this regard passed by a court.

    “The power to remand or transfer of an undertrial prisoner from one jail to another is to be exercised by the Court by passing a judicial order, obviously after providing opportunity of being heard and that the change in the place of detention would be permissible only with the permission of the Court under whose warrant the undertrial has been remanded to custody,” bench observed.

    The observations were passed while hearing a plea filed by a widowed mother seeking transfer of her undertrial son from district jail, Poonch to Central jail, Srinagar or any other jail close to his home to meet the ends of justice.

    The Undertrail who is facing a trial for a case registered at Police Station Uri, Baramulla under various sections of the Narcotic Drugs and Psychotropic Substances Act (NDPS), has been in judicial custody since his arrest in July 2017,. He was removed from Sub Jail, Baramulla to District Jail, Poonch on the grounds that that he was not a disciplined prisoner and that he had misbehaved with the jail staff and created law and order situation in the jail.

    After considering the contentions of the petitioner the bench observed that the widowed mother of the undertrail would visit him as and when needed while he was lodged in Baramulla jail but later he was shifted to District Jail, Poonch without any intimation to the petitioner.

    The petitioner approached the Director General of Police, Prisons, J&K seeking transfer of her son to District Jail, Srinagar, but received no response and accordingly the petitioner filed an application in the trial court seeking change in custody, which was dismissed.

    In view of the same the petitioner was constrained to file the instant petition seeking transfer/shifting of her son’s custody from District Jail, Poonch to Central Jail, Srinagar or any other jail near his home.

    The court noted that the respondents have failed to place on record as to what were the jail offences that he committed and how he had been proceeded against and merely saying that he had been an undisciplined prisoner does not warrant to his transfer to a distant place.

     

    Elaborating further on the matter Justice Chowdhary observed that though Section 417 of the Code of Criminal Procedure provides for appointment of the place of imprisonment by the State Government, however, in view of the interpretation by the Apex Court in State of Maharashtra & Ors. v. Saeed Sohail Sheikh 2013, the power to direct transfer of the undertrial prisoner from one jail to another clearly vests with the Magistrate/ Court which had remanded the detenue to a certain prison.

     

    Underscoring that it will be difficult for a widowed mother to go to Poonch to meet her son, the court pointed out that petitioner, in this case, has been shifted from Sub Jail Baramulla to a distant prison which is at the farthest place in Jammu Division at Poonch.

    “The petitioner’s family, in case they require to meet the petitioner as an undertrial in district jail, Poonch, have to travel all along from Kashmir to Jammu and then from Jammu to Poonch for almost two days,” the court said.

    The court directed the respondents to shift the petitioner from district jail, Poonch and keep him in any other prison in Kashmir Division, preferably near his home, after seeking necessary orders on his behalf from the trial Court.

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    #Court #Transfer #Undertrial #Prisoners #High #Court

    ( With inputs from : kashmirlife.net )

  • ADGP Kashmir Chairs High Level Meeting In Anantnag

    ADGP Kashmir Chairs High Level Meeting In Anantnag

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    Stressed Upon Special Focus on Emerging Threat of VBIEDs, Other Modes of Potential Militant Attacks

    Srinagar, April 29(GNS): ADGP Kashmir Vijay Kumar on Saturday held a high level meeting at South Kashmir’s Anantnag district on highway security special focus on emerging threat of VBIEDs and other modes of potential militant attack.

    In a handout to GNS, the police said that army’s GOC Victor Force Maj Genl Prashant Srivastava, IG CRPF Kashmir Ops Sector M S Bhatia, IG BSF Ashok Yadav, Joint Director IB, Army’s sector commanders in South Kashmir, DIGs of police, CRPF, SSB, ITBP & CID and SSsP of Anantnag, Pulwama, Kulgam and Awantipora attended the meeting.

    According to police spokesman, during the meeting, potential threats from militants on highway were discussed in detail and more counter measures were decided. SOP of convey movement were also discussed and accordingly upgraded. All field officers given their assessment. ADGP Kashmir instructed all SSsP to focus on anti-militant operations, busting of militant modules by apprehending terrorist associates. They were specially tasked to generate preventive intelligence and share timely amongst all stakeholders. GOG Victor force asked sector commanders to do extensive area domination in night too, reads the statement. (GNS)

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    ( With inputs from : thegnskashmir.com )

  • Establish three more NIA courts in Karnataka within six months: High Court

    Establish three more NIA courts in Karnataka within six months: High Court

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    Bengaluru: The High Court of Karnataka has recommended that three more Special Courts for National Investigation Agency (NIA) cases be established in three revenue divisions of Karnataka, within the next six months.

    “We hereby recommend the State Government to constitute/establish three Special Courts for trial of NIA cases in Mysore Division, Belagavi Division and Kalburgi Division within a period of six months from the date of receipt of copy of the order,” the Division Bench of B Veerappa and Justice Venkatesh Naik T said in their judgment dismissing the appeals filed by 41 accused in the Hubballi riots case.

    It would “ensure speedy trial and disposal of the NIA cases” in order to make justice accessible to the needy and “to fulfil the scope and object of the Unlawful Activities (Prevention) Act”, the bench said.

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    A Special Court had rejected the bail pleas of the accused after which they approached the HC in two separate petitions.

    In its common order on the two petitions, the HC said in its April 20 judgment, “On re-appreciation of the entire material on record, we answer the point raised in these criminal appeals in the negative holding that the appellants/accused have not made out a case to interfere with the impugned order passed by the Special Court rejecting their applications for regular bail in the peculiar facts and circumstances of the case.”

    While dealing with the bail petitions, the HC also noted that very old NIA cases had also been pending.

    “As of today, for the entire State, the Government has established only one Special Court at Bangalore to deal with the cases under National Investigation Agency Act, 2008. By careful perusal of the statistical data, it is clearly depicted that NIA cases which are more than 8 to 9 years old are pending,” it said.

    The Court said it was high time that new courts were established.

    “If the newly proposed Special Courts are not constituted/established, one Special Court in the entire State would be overburdened and will lead to inordinate delay in trial and disposal of NIA cases, which is against the Constitutional mandate as contemplated under Articles 14 and 21 of the Constitution of India,” it said.

    In Karnataka, Bengaluru Division consists of nine districts; Mysore Division consists eight districts, Belagavi Division consists seven districts and Kalburgi Division consists of six districts, the HC noted.

    The HC also listed the number of cases pending in the existing Special Court. It found that one case was nine years old, two cases each were eight and seven years old, six cases were five years old, three cases six years old, eight cases two years old and five cases one year old.

    “It is high time for the State Government to fulfill the scope and object of the UA(P) Act and ensure speedy trial and disposal by constituting/establishing three more Special Courts for trial of NIA cases in other revenue Divisions of Karnataka,” the HC said.

    The HC was hearing the appeal of 41 accused in the Hubballi riots on the night of April 16, 2022.

    A complaint had been filed against a person for his Whatsapp status showing a saffron flag on a masjid.

    Hundreds of people gathered in front of the Hubballi rural police station demanding action. They allegedly, with the “intention of committing the murder” of the police personnel, “assaulted with clubs, pelted stones and threw chappals on the police and caused injuries, destroyed the vehicles of police and public and government properties.”

    The police booked several people for the riots, and later the case was handed over to the NIA. The bail petitions of the accused were rejected by the Special Court on December 26, 2022 after which they approached the HC.

    Rejecting their plea, the HC said, “Though several contentions urged by the learned counsel for the appellants for granting bail and the learned SPP for rejecting the bail, the fact remains that the accused have not made out any prima facie case to grant bail.”

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    ( With inputs from www.siasat.com )

  • Eva Green wins high court battle over collapse of sci-fi film

    Eva Green wins high court battle over collapse of sci-fi film

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    Eva Green has hailed her victory over what she described as a group of men who tried to use her as a scapegoat, after winning a bruising legal battle over the collapse of a sci-fi film.

    The actor had sued White Lantern Films and SMC Speciality finance for a $1m (£802,000) fee that she said she was owed. However, she faced a counter-claim alleging she pulled out of the making of A Patriot, which collapsed in 2019, and breached her contract.

    In a judgment on Friday, Mr Justice Michael Green ruled in her favour, saying she was entitled to the fee and dismissed the counter-claim.

    Her victory follows a case in which Green gave evidence, saying it was “humiliating” that private Whatsapp messages she had sent were revealed in court.

    Those messages included her comments about being “obliged to take [the producer’s] shitty peasant crew members from Hampshire” after the location was switched from Ireland. They also included her description of the production as a “B-shitty-movie” and the executive producer, Jake Seal, as “pure vomit”, a “devious sociopath” and “evil”.

    Reacting to the judgment, Green said she had been “forced to stand up to a small group of men, funded by deep financial resources, who tried to use me as a scapegoat to cover up their own mistakes”.

    “I am proud that I stood up against their bullyboy tactics,” she added.

    “A few people in the press were only too delighted to reprint these lies without proper reporting. There are few things the media enjoys more than tearing a woman to pieces. It felt like being set upon by hounds; I found myself misrepresented, quoted out of context, and my desire to make the best possible film was made to look like female hysteria. It was cruel and it was untrue.”

    During her evidence, Green denied the allegations that she was not prepared to go ahead with the project, saying: “In the 20 years that I have been making films, I have never broken a contract or even missed one day of shooting.”

    In the 71-page judgment, released by email, Mr Justice Green concluded: “In particular, I find that Ms Green did not renounce her obligations under the artist agreement; nor did she commit any repudiatory breaches of it.”

    He described Green as “in some senses a frustrating and unsatisfactory witness”, adding: “But for such a perfectionist in her art, she was surprisingly underprepared for her evidence.

    “I understand the torment it must have been for her to have all her private texts and WhatsApp messages revealed in open court and scrutinised for what they disclosed about her true state of mind and intentions in relation to the film. She said it was ‘humiliating’ but some of her explanations for the language she used and the feelings she expressed – such as they were down to her ‘Frenchness’ – were not credible or adequate.”

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    Nevertheless, the judge said he believed allowances needed to be made for “the heightened emotions that were clearly present” when some of the messages were written and as these were assumed to be personal correspondence between friends.

    While he added that he had to be cautious about accepting her spin on her words, the broad thrust of her evidence was “credible and fitted with her general commitment to the film”.

    “I take account of her evident emotional and forthright personality in explaining her more extreme comments about Mr Seal, whom she clearly detested even though she only met him once,” he said.

    The film company has been approached for comment.

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    #Eva #Green #wins #high #court #battle #collapse #scifi #film
    ( With inputs from : www.theguardian.com )

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  • MP High Court Judge Atul Sreedharan Transferred To JK And Ladakh HC

    MP High Court Judge Atul Sreedharan Transferred To JK And Ladakh HC

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    SRINAGAR: The central government has notified the transfer of Justice Atul Sreedharan from Madhya Pradesh High Court to Jammu & Kashmir High Court.

    Union Minister for Law & Justice Kiren Rijju announced the development through a tweet. With this development, the number of High Court judges in J&K High Court has reached 16.

    On March28, 2023, the Supreme Court collegium has recommended that Justice  Atul Sreedharan be transferred from MP High Court to J&K. Justice Atul Sreedharan has sought his transfer on the grounds that his elder daughter would enter practice next year and would be appearing before the District Court and the Indore Bench of the High Court.

    “Justice Atul Sreedharan has stated that he does not desire to continue in the High Court of Madhya Pradesh when his daughter enters practice,” reads the collegium resolution.

    “The collegium has resolved to accept the request of Mr Justice Atul Sreedharan and to recommend that he be transferred, in the interest of better administration of justice, to the High Court of Jammu & Kashmir and Ladakh,” it further states.

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    ( With inputs from : kashmirlife.net )

  • Hyderabad gang rape case: High Court sets aside POCSO court order

    Hyderabad gang rape case: High Court sets aside POCSO court order

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    Hyderabad: Telangana High Court on Tuesday set aside an order of POCSO Court for treating one of the minor accused in the Jubilee Hills gang rape case as major.

    On a petition filed by one of the minor accused challenging the POCSO Court order, the High Court delivered its judgment. With the High Court’s order, the sensational case will now be tried with four accused as majors and two accused as minors.

    In September last year, the lower court had ruled that four of the five minors involved in the case can be tried as majors in view of the graveness of the crime.

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    Six accused including a major were arrested in June last year for the gang rape of a 17-year-old girl in a car in posh Jubilee Hills neighbourhood of Hyderabad.

    The accused had trapped the victim after a daytime party at a bar and after offering a lift sexually assaulted her.

    The crime was committed on May 28 but came to light only on May 31 after the victim’s father lodged a complaint with the police. The case had triggered national outrage.

    Five accused including the son of a leader of the ruling Bharat Rashtra Samithi (TRS) have been charged with gang rape while sixth accused, who is the son of a legislator of Majlis-e-Ittehadul Muslimeen (MIM), is facing molestation charges.

    Saduddin Malik and four minors were booked under Indian Penal Code (IPC) sections 376 D (gang rape), 323 (causing hurt), Section 5 (G) (gang penetrative sexual assault on child) read with Section 6 of Protection of Children from Sexual Offences (POCSO) Act, 366 (kidnapping a woman) and 366 A (procuration of a minor girl) and Section 67 of Information Technology Act.

    The sixth minor was not involved in rape but he kissed the victim in the car. He was booked under IPC Section 354 (assault or criminal force to woman with intent to outrage her modesty), 323 and Section 9 (G) read with 10 of POCSO Act.

    On June 28, police filed a charge sheet both in Nampally Criminal Court and Juvenile Justice Board as five of the six accused in the case were minors.

    The police, however, made a plea to the Juvenile Justice Board to allow the minors to be treated as majors for trial in view of the serious nature of the offence. In September, the Board gave its nod and later the POCSO Court also ruled in its favour.

    All the accused are currently on bail.

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    ( With inputs from www.siasat.com )