Gujarat HC Calls For Report On Functioning Of State Educational Service Tribunal Over Claims Of Prolonged Proceedings, Lack Of VC Facility

The Gujarat High Court directed its Registrar General and education department's Chief Secretary to report on the functioning of the state Educational Service Tribunal after parties raised concerns on its functioning, installation of CCTV cameras and lack of virtual hearing facility leading to prolonged proceedings.A division bench of Justice A.S. Supehia and Justice Nisha Thakore...

Bombay High Court Grants Relief To Gautam Adani In 2012 Cheating Case Worth ₹388 Crore

In a reprieve for industrialist Gautam Adani, the chairman of Adani Enterprises and its Managing Director Rajesh Adani, the Bombay High Court today quashed a sessions court order which refused to discharge them in a Rs 388 crore alleged market regulations violation case.Single-judge Justice Rajesh Ladhha quashed the November 2019 order passed by a sessions court in Mumbai, which held that...

Telangana High Court Partly Stays Land Acquisition Notification For Setting Up Multipurpose Industrial Park In Vikharabad District

The Telangana High Court has suspended part of a Notification, issued to acquire land for setting up a Multiple purpose Industrial Park in Vikharabad District after certain land owners moved the court contending that the study for Determination of Social Impact and Public Purpose under the Land Acquisition Act could not be dispensed with.  Justice J. Sreenivas Rao passed the...

Bombay High Court Weekly Round-Up: March 10 – March 16, 2025

Citations: 2025 LiveLaw (Bom) 89 to 2025 LiveLaw (Bom) 96Nominal Index:Ramesh Potdar vs Union of India, 2025 LiveLaw (Bom) 89Rahim Khan Sandu Khan vs State of Maharashtra, 2025 LiveLaw (Bom) 90Kailash Mehar Singh Kher vs State of Maharashtra, 2025 LiveLaw (Bom) 91Ramadas KS vs. TISS & Ors., 2025 LiveLaw (Bom) 92Pushpa W/O Virendra Ganediwala vs. High Court Of Judicature Of Bombay...

Approval Granted 30 Yrs Ago Can't Be Withdrawn On Ground That Post Was Not Created By Competent Authority: Allahabad High Court

Allahabad High Court has held that approval for a post sanctioned 30 years ago cannot be withdrawn only on grounds that it was not created by competent authority. It held that the person employed on such post cannot be denied salary after 30 years of continuous work and being paid without allegations of fraud or malpractice.Madarsa Jamia Alia Arabia Alinagar, Mau is a non-government...

Informing 'Grounds Of Arrest' To Accused Distinct From Mere Intimation Of Arrest: Gauhati High Court Issues Directives To Assam Police

The Gauhati High Court recently directed the Chief Secretary and Director General of Police, Assam, to ensure that when exercising the power to arrest without a warrant, the police or any other authority issues a notice to the arrestee under Section 47 of BNSS or any other relevant provision of a special law, stating the grounds of arrest. While hearing a bail application, the single judge...

Accused Can't Be Denied Certified Copy Of Documents Forming Part Of Chargesheet After Commencement Of Trial: Delhi High Court

The Delhi High Court has ruled that an accused cannot be denied the certified or attested copy of documents forming part of the chargesheet after commencement of trial. While granting relief to two accused persons, Justice Vikas Mahajan said:“Even assuming that copy of the hard disk in question was supplied to the accused persons at the stage of Section 207 Cr. P.C. proceedings, still the...

S.245 CrPC | Mandatory For Magistrate To Record Reasons While Allowing/Rejecting Discharge Petition Of Accused: Orissa High Court

The Orissa High Court has held that it is mandatory for the Magistrate to record reasons for not only allowing but also for rejecting a discharge petition filed by an accused under Section 245 of the Code of Criminal Procedure ('CrPC'). Clarifying the requirement under the provision of law, the Single Bench of Justice Sashikanta Mishra observed –“The language used in Section 245,...

Munambam Land Dispute| 'Issue Before Waqf Tribunal' : Kerala High Court Sets Aside Appointment Of Inquiry Commission

The Kerala High Court on Monday(17th March) allowed the petition challenging the appointment of Inquiry Commission to find a permanent solution in the dispute between the Munambam residents and the Waqf Board. Justice Bechu Kurian Thomas observed that the order of appointment has to be set aside as the matter was still pending before the Waqf Tribunal."However, as the issue is in...

Gestation Period Not Relevant For Termination Of Pregnancy If Medical Board Opines That There Exists Substantial Foetal Abnormality: Kerala HC

The Kerala High Court recently held that length of pregnancy is not a relevant consideration for permitting termination of pregnancy when the Medical Board opines that there is a substantial foetal abnormality.The Division Bench of Justice A.Muhamed Mustaque and Justice P. Krishna Kumar thus permitted appellant-mother to carry medical termination of pregnancy, where the gestation period...

Anticipatory Bail An 'Extraordinary Privilege' To Be Granted Only In Exceptional Circumstance: Andhra Pradesh HC In Sexual Harassment Case

The Andhra Pradesh High Court, while rejecting the anticipatory bail plea of an accused in a sexual harassment case has observed that denying custodial interrogation can result in significant loopholes and gaps in the ongoing investigation that may adversely affect its integrity. Single judge Justice T. Mallikarjuna Rao also observed,“The anticipatory bail, the extraordinary privilege,...

Party Entering Settlement Agreement, Agreeing To Consent Award Cannot Later Object To Its Enforcement On Grounds Of Lack Of Knowledge: Delhi HC

The Delhi High Court bench of Justice Anish Dayal has rejected an objection raised by the Award Debtor against the enforcement of an Award on the ground that it was contrary to public policy since it was not informed by the Award Holder about a previous settlement with the Judgment Debtor's subsidiary. The Court deprecated the stance taken by the Award Debtor, as in view of the facts of...