High Courts
Courts Empowered To Impose Cost But It Shouldn't Be Unbearable, Registry Insisting On Deposit Denies Litigant's Right To Appeal: Gujarat HC
In a plea challenging the imposition of Rs. 25,000 cost by the trial court in rejecting a litigant's review plea, the Gujarat High Court observed the trial court had not concluded that the review plea was "vexatious or false", underscoring that courts have power to impose costs for frivolous litigation but it should be reasonable. Taking note of the fact that the district court's registry...
Bald Allegations Against Investigating Officer Not Sufficient To Transfer Probe To Another Agency: Delhi High Court
The Delhi High Court has observed that transfer of investigation to another agency is only done in rare and exceptional cases where high officials of State authorities are involved.“Accusations against an investigating officer alone is not sufficient to transfer investigation unless there is sufficient material to show that the investigating officer is mixed up with the accused....
Bharatiya Nagarik Suraksha Sanhita (BNSS) And Bhartiya Nyaya Sanhita (BNS) Monthly Digest – January 2025
Supreme Court:Plea In Supreme Court Challenges BSA's Electronic Evidence & Confession Provisions And BNS SectionsCase Title: Vinod Kumar Boinapally Versus Union Of India And Ors., W.P.(Crl.) No. 40/2025 (and connected case)Former MP Vinod Kumar Boinapally has moved the Supreme Court challenging certain provisions of the BNS and the BSA, which replaced the erstwhile penal laws viz. the IPC...
AMU Student Moves Allahabad High Court Challenging FIR Over 'Objectionable' Speech Against University Administration
A Student of the Aligarh Muslim University (AMU) has moved the Allahabad High Court challenging an FIR lodged for rioting, wrongful restraint and other charges over alleged indiscipline and misconduct during demonstrations to restore students' union polls. The petitioner, Misbah Qaiser, a B.Arch. Student at the university has been accused of delivering objectionable speeches against...
Woman's Caste Determined By Birth, Not By Marriage: J&K HC Reiterates Home Ministry Circular, Seeks Timely Decision On Woman's ST Certificate
Reaffirming the guidelines of a circular issued by the Ministry of Home that a woman's caste is determined by birth and not by marriage the Jammu and Kashmir and Ladakh High Court on Friday directed the authorities to take a decision on issuing a Scheduled Tribe (ST) category certificate to a woman who belongs to the Padri Tribe but had married a non-ST individual.Taking note of the...
Provisions Against Arrest Of Women At Night Are Directory, Not Mandatory: Madras HC Sets Aside Departmental Proceedings Against Police Officers
The Madras High Court recently observed that Section 46(4) of CrPC and Section 43(5) of the BNSS Act which prevents the arrest of a woman after sunset and before sunrise is directory and not mandatory. The bench of Justice GR Swaminathan and Justice M Jothiraman explained that the provisions did not provide the consequences of non-compliance of the requirement. The court observed that...
Arbitral Award Can't Have Specific Format; Reasoning Must Be 'Proper', 'Intelligible' And 'Adequate' : Madras High Court
The Madras High Court bench comprising Justice K. .R. Shriram (Chief Justice) and Justice Senthilkumar Ramamoorthy have observed that an arbitral award does not have to follow any specific format; just as every judge writes their judgment in a particular style, arbitrators also write in different styles. The court also held that any ground which was not raised in a petition under...
Delhi High Court Weekly Round-Up: February 03 To February 09, 2025
Citations 2025 LiveLaw (Del) 122 to 2025 LiveLaw (Del) 152NOMINAL INDEXSunil Kumar Singh v. Union of India 2025 LiveLaw (Del) 122 LALIT SHARMA AND ORS v. UNION OF INDIA AND ORS. 2025 LiveLaw (Del) 123 NEERAJ SHARMA v. PIO MINISTRY OF HOME AFFAIRS JKL DIV AYODHYA SECTION AND ANR. 2025 LiveLaw (Del) 124 Divyansh Bajpai vs. State (Govt. Of NCT Of Delhi) And Anr 2025 LiveLaw (Del)...
Disabled During Service, Employee Entitled To Continued Salary, Benefits & Supernumerary Post, Along With Interests : Punjab & Haryana High Court
The Punjab & Haryana High Court bench comprising of Justice Aman Chaudhary held that employees who acquire disability during service are entitled to continued salary, benefits, and a supernumerary post along with interest on withheld dues. Background Facts The petitioner joined as E.T.T. Teacher at Govt. Primary School Sodhi Nagar, Ferozepur on 11.09.2016. Her presence was...
P&H High Court Orders Appointment Of Civil Judge Candidate Disqualified For Falling 2.5 Marks Short In Exam Due To Unchecked Answer
The Punjab & Haryana High Court has directed the issuance of an appointment letter to a civil judge candidate who was disqualified after qualifying the interview due to being short of 2.5 marks in the written exam, as an answer was not checked.The candidate Heena Shehrawat, qualified for interview in Haryana Civil Judge Exam 2023. He was in the final merit list and secured 547.50. As per...
'Employer Must Make Efforts To Expedite Departmental Proceedings Against Delinquent Employee', Rajasthan High Court
The Rajasthan High Court with its Bench at Jaipur comprising of Justice Anoop Kumar Dhand held that departmental proceedings against a delinquent employee must be concluded within a reasonable time frame and preferably within six months in order to avoid inconvenience, loss and prejudice to the rights of such employee. It was observed that in such cases, the duty to have...
Chandigarh Small Flats Scheme Aims To Provide Shelter To Jhuggi Dwellers, Detailed Enquiry Required Before Deciding Applicant Is Ineligible: P&H HC
Observing that Chandigarh Small Flats Scheme, 2006, under which residents of Jhuggis (slums) were to be allotted one-room flats aims to provide shelter to jhuggi dwellers, the Punjab & Haryana High Court said a detailed enquiry is required to be conducted before concluding that the applicant is not a resident.Justice Sureshwar Thakur and Justice Vikas Suri said, "When the holistic purpose...