High Courts
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...
Cannot Discriminate Against Children Born Out Of Void Marriages While Providing Compassionate Employment: Calcutta High Court
The Calcutta High Court has held that in cases for providing compassionate employment, it is 'reprehensible' to consider the source of inception of a child's birth and discriminate against those who may have been born from a void marriage.Justice Ananya Bandopadhyay held: "The objective to grant compassionate appointment to redress financial constraints occasioned in a family in the event of...
Chhattisgarh High Court Allows Medical Termination Of 20+ Weeks Pregnancy Of Minor Rape Victim Suffering From 'Sickle Cell Anaemia'
The Chhattisgarh High Court has recently allowed medical termination of over twenty-week-old foetus of a 17-year-old rape victim, who is suffering from sickle cell anaemia. Considering the fact that continuance of pregnancy has the potential to physically and psychologically affect the minor girl, the Single Bench of Justice Naresh Kumar Chandravanshi held –“In such circumstances, if...
Jammu & Kashmir And Ladakh High Court Weekly Round-Up: December 9 - December 15, 2024
Nominal Index:Anand Vs Union of India 2024 LiveLaw (JKL) 330Shakeel Mohd Vs UT Of J&K 2024 LiveLaw (JKL) 331M/s Mir Sons Constructions Pvt. Ltd Vs. Union Territory of J&K 2024 LiveLaw (JKL) 332Govind Ram Vs Vidhya Devi 2024 LiveLaw (JKL) 333Pawan Singh Rathore Vs Devinder Singh Katoch 2024 LiveLaw (JKL) 334Shabnam Soodan Vs Seema Gupta 2024 LiveLaw (JKL) 335Avtar Krishan Suri V/s...
Karnataka High Court Quashes Defamation Case Against Congress Leader Over Remarks On The Word 'Hindu'
The Karnataka High Court has quashed a defamation case registered against Congress Leader and Member of Legislative Assembly Satish Jarikholi, who was charged under Section 500 and 153 of the Indian Penal Code, alleging to have hurt the sentiments of Hindus as he made a statement that the word “Hindu” has a dirty meaning.A single judge Justice M Nagaprasanna allowed the petition filed...