High Courts
Bombay High Court Slams Parents For Seeking Termination Of Their "Mentally Unstable" Adopted Daughter's 20-Week Pregnancy
The Bombay High Court on Friday (January 3) pulled up a sexagenarian couple, who moved the court seeking permission for aborting the 20-week pregnancy of their adopted daughter, whom they claimed is "mentally unstable."A division bench of Justice Ravindra Ghuge and Justice Rajesh Patil was irked to note that the senior citizen couple, who adopted the girl in 1998, allowed the girl to be away...
Accused Having Ties With Ruling Political Party Not Ground To Transfer Probe From State Agency To CBI: Kerala HC In ADM Naveen Babu's Case
While refusing to order CBI probe into former Kannur ADM Naveen Babu's death, the Kerala High Court today observed that accused merely having ties with the ruling political dispensation is not ground to transfer investigation from the hands of the State investigation agency.PP Divya, a member of Communist Party of India (Marxist) which has currently formed government in Kerala is accused...
2-Yrs Immunity Against No-Confidence Motion Is From Date Of Election Of First Sarpanch, Not From When New Sarpanch Fills Vacancy: Bombay HC
The Bombay High Court has observed that the immunity of two years given to a Sarpanch against No Confidence Motion under the 4th proviso of Section 35(3) of the Maharashtra Village Panchayats Act, 1958 is to be computed from the date of the first election and not from when a subsequent Sarpanch is elected for filling the vacancy.Justice Sharmila U. Deshmukh was of the view that the “date...
Failure To Comply With Condition Not Specified In Recruitment Rules Or Advertisement, Can't Justify Rejection Of Candidate's Appointment: Chhattisgarh HC
A single judge bench of the Chhattisgarh High Court comprising of Justice Rakesh Mohan Pandey held that failure to comply with a condition which was not stipulated in the recruitment rules or advertisement, cannot serve as a valid ground for rejecting a candidate's appointment. Background Facts The Directorate Of Employment And Traning Department, Raipur issued an advertisement...
Customs Dept Should Serve Notices By Email In Addition To Post, Will Prevent Delay And Non-Appearances: Delhi High Court
The Delhi High Court recently called upon the Customs Department to make use of Section 153(c) of the Customs Act, 1962 which empowers it to serve notices through email. A division bench of Justices Prathiba M. Singh and Amit Sharma said such an approach will prevent delay and non-appearances, leading to expeditious disposal of matters. “In the opinion of this Court, the...
Whether Agreement To Submit To Jurisdiction Of One Court Impliedly Ousts Jurisdiction Of All Other Courts? Punjab & Haryana HC Answers
The Punjab and Haryana High Court has made it clear that a party cannot invoke the alternative jurisdiction in a dispute once they have decided the territorial jurisdiction by way of entering into a valid contract.The bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma said if the contract is validly executed wherein the parties have consensually conferred the jurisdiction of a...
Case Transferred To POCSO Court After 8-Yrs Trial: Gujarat HC Says Police, Prosecution & Trial Court Prima Facie Failed In Discharging Duty
The Gujarat High Court recently lamented the failure on part of the Police, the prosecution and the trial court in an assault case, which came to be transferred to a POCSO Court, eight years after commencement of trial.In his December 24 order, Justice Sandeep Bhatt observed that the victim had "categorically" deposed in her testimony in 2018 that at the time of incident, she was 15 years...
Courts Can Permit Advocates To Conduct Cross-Examination Of Witnesses Present In Court Via Video Conferencing: Kerala High Court
While considering whether cross-examination of witnesses present in court can be done from a remote point, the Kerala High Court said that the courts can allow advocates to conduct cross-examination through video conferencing mode.Justice V. G. Arun said that courts need not deny such request just because it is not expressly allowed in Electronic Video Linkage Rules for Courts (Kerala), 2021....
Jammu & Kashmir And Ladakh High Court Monthly Digest: December 2024
Nominal Index [Citations 2024 LiveLaw (JKL) 324 - 356]:UT Of J&K Vs Showkat Ali 2024 LiveLaw (JKL) 324X Vs UT Of J&K 2024 LiveLaw (JKL) 325Ravinder Singh Vs State of J&K 2024 LiveLaw (JKL) 326Union of India Vs M/S Sharma Construction Co. Akhnoor District Jammu 2024 LiveLaw (JKL) 327State Of J&K Vs Mohammad Sayidullah Bhat 2024 LiveLaw (JKL) 328Peerzada Mohd Yehya Vs UT Of...
'What Kind Of Cruelty! Continued Program Even After MLA's Fall' : Kerala High Court To 'Mridanga Nadam' Event Organisers
The Kerala High Court on Monday (6th January) while considering the bail petitions of Mridhanga Vision proprietor Nigoshkumar, his wife Mini C. and CEO Shameer Abdul Rahim in connection with the accident of the MLA Uma Thomas asked why they didn't pause the program after the incident.“What kind of cruelty is this. A person fell and had a head injury. Couldn't you have stopped the program...
Similarly Situated Employees Under Same Employer Must Be Treated Equally: Manipur HC
High Court of Manipur: A Single Judge Bench of Justice A. Guneshwar Sharma directed the State of Manipur to absorb two Assistant Project Officers (APOs) as Project Officers (POs) in its Rural Development and Panchayati Raj Department. This rectified their initial absorption into a lower post. Considering the employees' prior promotion, the court held that their subsequent absorption into...
While Deciding Petition U/S 9 Of Arbitration Act, Court Cannot Ignore Basic Principles Of CPC: Andhra Pradesh HC
The Andhra Pradesh High Court bench of Justices Ninala Jayasurya and Nayapathy Vijay observed that in deciding a petition under Section 9 of the Arbitration Act, the Court cannot ignore the basic principles of the CPC. At the same time, the power of the Court to grant relief is not curtailed by the rigours of every procedural provision in the CPC. In exercise of its powers to grant...