Proper Notice Under Section 18 Assam Land & Revenue Regulation Mandatory Before Evicting Occupants From Govt Land: Gauhati High Court

The Gauhati High Court has clarified that where persons are in illegal occupation of Government land, and the authorities seek to make the land encroachment-free, a proper notice under Section 18 of the Assam Land and Revenue Regulation, 1886 must be issued.Justice Sanjay Kumar Medhi, presiding over the case, observed, “...it appears that the petitioners are in possession of certain lands...

[DV Act] Woman Can't Insist On Re-Entering Abandoned Matrimonial Home If Alternate Accommodation Exists: Delhi High Court

The Delhi High Court has held that the Protection of Women from Domestic Violence Act, 2005 does not confer an indefeasible right upon an aggrieved woman to insist on residence in a particular property which was abandoned by her, when suitable alternate accommodation is available. Justice Ravinder Dudeja observed that compelling restoration in such a case would disturb the settled possession...

'Not A Political Speech, But Instigation Against Community': Karnataka Govt Opposes RSS Leader's Quash Plea In High Court

The Karnataka Government on Wednesday (February 11) opposed RSS Leader Prabhakar Bhat's plea for quashing an FIR over alleged hate speech he delivered in a college and was circulated on a YouTube channel, contending that the speech was not a political speech but one made against a particular community. The Additional Special Public Prosecutor appearing for the State submitted before Justice...

Banks Must Furnish Forensic Audit Report Before Calling Account 'Fraud'; Natural Justice Cannot Be Bypassed For Speed: Calcutta High Court

The Calcutta High Court has held that a bank cannot proceed to classify a borrower's account as “fraud” without first supplying the forensic audit report and the documents relied upon in the show cause notice, observing that principles of natural justice cannot be sacrificed in the name of expedition under the Reserve Bank of India's Master Directions. Justice Krishna Rao set aside...

Delhi High Court Issues Notice On Priya Kapur's Plea To Dismiss Rani Kapur's Suit Over 'Fraudulent' Family Trust

The Delhi High Court on Wednesday issued notice in an application filed by late industrialist Sunjay Kapur's wife Priya Kapur seeking dismissal of her mother in law's suit alleging that she, along with others, orchestrated a “fraudulent family trust” to unlawfully strip the mother in law of the entire estate.Justice Mini Pushkarna sought response of Rani Kapur to the application within...

Refusal To Condone Delay Can Thwart Meritorious Matters At Threshold: Andhra Pradesh High Court Restores Partition Suit

The Andhra Pradesh High Court has explained that while the insistence on explaining day-to-day delay is to tackle pendency of cases in Trial Courts and to contain litigants who seek to unnecessarily protract litigation, Trial Courts are nonetheless expected to adopt a pragmatic and practical approach while considering applications seeking condonation of delay.Justice Harinath N referred...

Daily-Wage Workers Can't Afford Unpaid Weekly Offs: Rajasthan HC Rejects 26-Day Wage Formula, Seeks Correction Of Govt Order

While underscoring the ground realities of working conditions for daily-wage workers, Rajasthan High Court held that not every daily wage worker received paid-rest day every week. Hence, they cannot afford such unpaid rest day. Therefore, calculation of a daily wage worker's monthly wage should not happen based on 26 days, rather than 30 days. The bench of Justice Anoop Kumar Dhand observed...

'Suitability Certificate' From Indian Nursing Council Not Mandatory For Registering Nurses Trained Outside State: Kerala High Court

The Kerala High Court has held that the State Nursing Council cannot insist on a Recognition/ Suitability Certificate of the Indian Nursing Council (INC) for granting inter-State registration to nursing students.Justice N Nagaresh was delivering the judgment in a writ petition which challenged the insistence of recognition of the Nursing Colleges by Indian Nursing Council for registration...

Employee Cannot Be Restrained From Joining Rival After Resignation; Trade Secrets Protectable: Calcutta High Court

The Calcutta High Court has reiterated that a post-employment non-compete clause restraining an employee from joining a competitor after resignation is prima facie void under Section 27 of the Indian Contract Act, but clarified that confidentiality obligations and non-solicitation covenants aimed at protecting trade secrets and business interests remain enforceable.Holding that an employer...

Gauhati High Court Quashes Case Against Influencer For Allegedly Linking Assamese Women To Black Magic

The Gauhati High Court has quashed the CID Cyber Case registered against influencer Abhishek Kar for linking Assamese women to black magic in a YouTube video.Justice Pranjal Das held that the statement attributed to him does not fulfill the essential ingredients to invoke offences under Section 196 (Promoting enmity between different groups) of the Bharatiya Nyaya Sanhita, Section 67...

Presumption Favors Claimant In Railway Accident Claims; Non-Recovery Of Ticket Not Fatal: Rajasthan High Court

The Rajasthan High Court has set aside an order of the Railways Claims Tribunal that rejected a claim filed by the petitioner in relation to her son's death, opining that whenever any untoward incident happens within the Railway premises or any railway track, the presumption lies against the Railway Authorities unless any evidence is submitted, suggesting otherwise. The bench of Justice...

Persons Facing Criminal Trial Must Obtain Court's Permission Even For Passport Renewal: Madras High Court Full Bench

A full bench of the Madras High Court has clarified that renewal or reissue of a passport should be considered in the same manner as a fresh issue, and prior permission from the court would be necessary in case of pendency of criminal case. The bench of Justice G Jayachandran, Justice S Srimathy, and Justice KK Ramakrishnan was answering a reference made to it by a single judge in view...