High Courts
Rejection Of FCRA License Renewal To Be Challenged In Revision Before Appellate Authority Not In Appeal Before HC: Karnataka High Court
The Karnataka High Court has said that an order rejecting an NGO's application for renewal of license under Foreign Contribution (Regulation) Act (FCRA) is to be challenged in revision before the appellate authority and an appeal questioning the order before high court is not maintainable. Justice K Natarajan held thus while dismissing an appeal filed Action for Community...
No Mother Would Help Her Son Commit Rape By Spiking Victim's Drink: Bombay High Court Quashes Case
In a significant ruling, the Bombay High Court at Aurangabad, recently held that a mother will never help her son to rape a woman by herself spiking the victim's drink.A division bench of Justices Vibha Kankanwadi and Rohit Joshi quashed the First Information Report (FIR) lodged against a man and his mother, both booked for raping a woman and impregnating her. The judges noted that the woman...
Employee Can't Be Terminated For Non-Disclosure Of FIR That He Was Not Aware Of: Allahabad High Court Reiterates
Relying on the judgment of the Supreme Court in Avtar Singh v. Union of India, Justice Neeraj Tiwari of the Allahabad High Court has held that a government employee cannot be removed from service for not disclosing that an F.I.R. was filed against them, if they themselves were not aware of the fact.“This Court is also of the same view that in case at the time of filing of affidavit...
In Public Interest: Kerala HC Upholds Mandatory Rotating Medical Internship By Foreign Students For Missing Classes Due To COVID/ Ukraine War
The Kerala High Court has upheld Kerala State Medical Commission's decision mandating two year Compulsory Rotating Medical Internship to foreign students who missed offline classes due to COVID-19 and war in Ukraine, observing that it was made in larger public interestThe petitioners had undergone medical course in Ukraine from 2016-2022. They approached the High Court seeking a declaration...
Gauhati High Court Asks Assam DGP To Direct Police Stations Not To File 'Hit And Run' Case U/S 106(2) BNS As Provision Not In Force Yet
The Gauhati High Court recently asked Assam's Director General of Police to issue necessary direction to the police stations under his jurisdiction, not to register any case under Section 106 (2) of the BNS–pertaining to death by rash driving which is not culpable homicide–which has not come into force till date.Section 106(2) BNS states that "whoever causes death of any person by rash...
Findings Of Arbitrator U/S 34 Of Arbitration Act Cannot Be Scrutinised As If Court Is Sitting In Appeal: Chhattisgarh High Court
The Chhattisgarh High Court bench of Justices Smt. Rajani Dubey and Shri Bibhu Datta Guru has held that findings of the Arbitrator cannot be scrutinised under section 34 of the Arbitration Act as if the court is sitting in appeal. Brief Facts The claimant is a partnership firm and registered contractor with South Eastern Coalfields Ltd. (SECL). The claimant was awarded a contract...
Kerala High Court Mulls Suo Moto Contempt Action Against Organisers, Persons Who Attended CPI(M) Area Conference By Blocking Road
The Kerala High Court today noted that 40,821 road accidents occurred in the State this year up till October 2024, in which 3,168 persons died and 45,657 persons sustained injuries. The Court is thus set to consider whether suo moto contempt proceedings should be initiated against persons who conducted and attended CPI(M) party's area conference in Vanchiyoor, by obstructing roads on December...
Bombay HC Slaps ₹50K Cost On Litigant For Making 'Unsubstantiated' Allegations Of Scam By Maharashtra Govt In Awarding Contract To Adani Power
The Bombay High Court has imposed a cost of Rs. 50,000 on a writ petitioner alleging that a contract awarded by the Maharashtra government to Adani Power for supplying electricity was a "scam" and that the former Chief Minister was involved in corrupt practices while awarding the contract. The petitioner alleged that the contract for the supply of 6600 megawatts renewable thermal power awarded...
Curable Procedural Defects Should Not Be Allowed To Defeat Substantive Rights Of Parties: Chhattisgarh High Court Reiterates
The Chhattisgarh High Court has reiterated that procedural defects or irregularities, which are curable in nature, should not be allowed to defeat substantive rights of parties or to perpetuate injustice.While finding fault with the recourse adopted by the Rent Control Tribunal, the Division Bench of Justice Rajani Dubey and Justice Bibhu Datta Guru held –“It is trite law that the...
'Leave Encashment Can't Be Denied Merely Because Chargesheet Was Filed Against Petitioner': Delhi High Court
A Single Judge Bench of the Delhi High Court comprising Justice Jyoti Singh held that as per the CCS (Leave) Rules, 1972, the Petitioner could not be denied the grant of Leave Encashment under Rule 39(3) of the said Rules. The Petitioner was charge-sheeted for allegedly participating in a one-day protest and could not be denied the benefit of grant of Leave Encashment as no harm was...
'Shocked & Deeply Pained': Orissa High Court Summons Health Secretary Over Encroachment, Mismanagement At Paediatric Hospital
The Orissa High Court has expressed shock over the 'distressing condition' in which the Sardar Vallabhbhai Patel Post Graduate Institute of Paediatrics (Sishu Bhawan) is functioning and has asked the Secretary, Department of Health & Family Welfare of the State Government to personally appear to address the issue.Upon being informed about the pathetic condition of the premiere...
Kerala High Court Weekly Round-Up: December 09 - December 15, 2024
Nominal Index [Citations: 2023 LiveLaw (Ker) 782-801]Manoj George v State of Kerala, 2024 LiveLaw (Ker) 782Manohari R v The Deputy Tahsildar (Revenue Recovery), 2024 LiveLaw (Ker) 783 DBS Bank India Ltd v The State of Kerala and Others, 2024 LiveLaw (Ker) 784 M Shammy Kumar v State of Kerala & Connected Matter, 2024 LiveLaw (Ker) 785Nishad Padinjare Peediyekkal V Hyderiyya Masjid...