High Courts
Unused Acquired Land Cannot Be Reclaimed Once It Vests In State; Subsequent Purchasers Have No Title: Calcutta High Court
The Calcutta High Court recently held that once land is acquired and vests in the State free from all encumbrances, it cannot be returned to the erstwhile owners or subsequent purchasers even if the land remains unutilised.The Court also reiterated that subsequent purchasers have no right to challenge land acquisition proceedings and mutation entries in revenue records do not confer...
Foreign Nationals Also Entitled To Article 22 Safeguards; Grounds Of Arrest Must Be Communicated In Language Understood: Karnataka High Court
In an NDPS case concerning two Nigerian nationals, the Karnataka High Court has said that Article 22 of the Constitution applies to Indian nationals and Foreign nationals alike, since the expression 'no person' has been used in the Article.“….The constitutional guarantee does not evaporate at the border nor does it diminish by reason of nationality, except an enemy alien as defined...
Uttam Nagar Holi Clash: Delhi High Court Orally Asks MCD Not To Demolish Homes Of Accused Till Tomorrow
The Delhi High Court on Tuesday (March 10) orally told the MCD not to take any action until tomorrow against the properties of two persons who are booked in an FIR over the killing of a man at Uttam Nagar during Holi celebrations last week.During the hearing, Justice Amit Bansal orally told the respondent authorities including the MCD not to take any action against the properties of...
J&K Police Rules | Failure To Report Complaint Against Police Officer To District Magistrate Vitiates Proceedings: High Court
The High Court of Jammu & Kashmir and Ladakh has held that provisions contained in Rule 349 of the J&K Police Rules are mandatory and unless the substance of a complaint against a police officer alleged to have committed an offence under the Ranbir Penal Code in the colour of his duties is reported to the District Magistrate, proceedings initiated by the police or the Magistrate...
MP High Court Issues Notice On Plea Challenging State Notification Granting Special Executive Magistrate Powers To ACP
The Madhya Pradesh High Court has issued notice on a petition challenging a State Government notification conferring the powers of a Special Executive Magistrate under the Code of Criminal Procedure, 1973, upon an Assistant Commissioner of Police.The division bench of Justice Vijay Kumar Shukla and Justice Alok Awasthi ordered:"...issue notice to the respondents on payment of process fee...
'Desecration Of PIL Rules': Gujarat High Court Slaps ₹10 Lakh Costs On Litigant Claiming Encroachment Of Protected Mosque
The Gujarat High Court dismissed a PIL seeking removal of alleged illegal construction claimed to be made within the protected area of Bawa Ali Shah's Mosque–a protected monument in Ahmedabad, after noting that the litigant had not disclosed details of a previous PIL dismissed for default as well as his criminal antecedents. In doing so the court imposed cost of Rs. 10 Lakh on the...
Karnataka High Court Declines PIL Seeking Circulars To Ensure Compliance With Lalita Kumari Ruling On Mandatory FIR
The Karnataka High Court has refused to entertain a public interest litigation seeking a direction upon the State to issue circulars to enforce the judgment of Lalita Kumari v. State of UP, 2014(2) SCC 1.When the plea came up for hearing before the principal bench of Chief Justice Vibhu Bakhru and Justice C.M. Poonacha, the court observed that it cannot give omnibus directions to...
'Nalayak' Widely Used In Everyday Speech, Not Necessarily Obscene Or Intentional Insult: MP High Court Quashes FIR Against Former Minister
The Madhya Pradesh High Court has quashed an obscenity and intentional insult FIR registered against a former Cabinet Minister, observing that the term "Nalayak" is commonly used in everyday speech and the word by itself does not attract liability under for the offences under the Indian Penal Code. The bench of Justice Himanshu Joshi held, "It is a matter of common experience that...
Order VIII Rule 1A CPC Not A Bar To Producing Documents For Cross-Examining Witness: Bombay High Court
The Bombay High Court has held that a defendant is not required to file a separate application for the production of documents that are sought to be used for confronting a witness during cross-examination, provided such documents are not foreign to the pleadings in the case. The Court observed that the Civil Procedure Code expressly carves out an exception permitting production of documents...
Court Cannot Consider Documents Beyond Plaint While Deciding Order VII Rule 11 CPC Plea: Calcutta High Court
The Calcutta High Court has held that while deciding an application for rejection of plaint under Order VII Rule 11 of the Code of Civil Procedure, 1908, the court can examine only the averments contained in the plaint and documents relied upon or annexed thereto, and cannot rely on extraneous materials produced by the defendant.A Division Bench of Justice Sabyasachi Bhattacharyya and...
Documents Collected During Investigation Are Not Evidence In Departmental Inquiry Unless Proved By Competent Witness: Bombay High Court
The Bombay High Court has held that findings in a departmental inquiry cannot be based merely on documents collected during an investigation unless their contents are proved through competent witnesses who can speak to their authenticity. The Court observed that the Enquiry Officer has duty to arrive at a finding upon taking into consideration the materials brought on record by the parties....
Termination Valid If Job Was Secured Using Certificate From Unrecognised Board: Himachal Pradesh High Court
The Himachal Pradesh High Court dismissed a writ petition challenging the termination of a Junior appointed by the Himachal Pradesh State Electricity Board Ltd., holding that the employer was justified in terminating the services of a candidate who had secured employment based on a matriculation certificate issued by an unrecognised board. Justice Ajay Mohan Goel remarked that: “As...