Chandigarh Small Flats Scheme Aims To Provide Shelter To Jhuggi Dwellers, Detailed Enquiry Required Before Deciding Applicant Is Ineligible: P&H HC

Observing that Chandigarh Small Flats Scheme, 2006, under which residents of Jhuggis (slums) were to be allotted one-room flats aims to provide shelter to jhuggi dwellers, the Punjab & Haryana High Court said a detailed enquiry is required to be conducted before concluding that the applicant is not a resident.Justice Sureshwar Thakur and Justice Vikas Suri said, "When the holistic purpose...

Governor Can't Punish Guilty Govt Official By Dismissal Under Rules, Can Only Withhold/Withdraw Pension For Misconduct: Madhya Pradesh HC

While setting aside a dismissal order of a retired government official, the Indore Bench of Madhya Pradesh High Court concluded that under the state civil service pension rules the Governor can only withhold or withdraw the officer's pension for grave misconduct/negligence but cannot impose punishment of dismissal. Referring to the provisions of the MP Civil Services (Pension) Rules, 1976A...

Chief Judicial Magistrate Has Jurisdiction Over Entire District, Can Take Cognizance Under NI Act: J&K High Court

Clarifying that a Chief Judicial Magistrate (CJM) has jurisdiction over the entire district the Jammu and Kashmir and Ladakh High Court has ruled that the CJM can take cognizance of complaints under the Negotiable Instruments Act (NI Act), even if the local limits of a Judicial Magistrate are involved.In dismissing a plea assailing the issuance of process by a CJM in a complaint under...

Can Uniform Format Be Established For Incorporating Terms Of Settlement In Judicial Orders For ADR Cases: Kerala High Court Considers

The Kerala High Court stated that incorporating terms of settlement in judgments, decrees and orders would depend upon the 'nature of cases' and 'consent of parties'. The Court clarified that an omnibus order cannot be issued in the absence of a statutory provision and stated that each judge must decide based on the consent of parties whether the terms of settlement can be included in...

Kerala High Court Issues Notice On Plea Against 'Oru Jaathi Jathakam' Movie For Allegedly 'Humiliating' Members Of LGBTQ+ Community

A writ petition has been filed before the Kerala High Court against the movie 'Oru jaathi jathakam' for allegedly humiliating and being derogatory towards the LGBTQ+ community. The petition was filed by Shakiy S. Priyamvadha who moved the petition as a representative of the community.The petitioner has submitted that the movie uses derogatory words to refer to the community. The petitioner...

Family Courts Must Be Empathetic To Litigant's Distress, Not Insist On Personal Appearance: Madras HC Proposes Online Mediation In Family Matters

The Madras High Court recently observed that the procedure adopted by the Family Courts in the State insisting on the personal appearance of the parties in a family case for every hearing resulted in procedural delays and inefficiency. The court noted that such insistence often lead to significant delays and affected the performance of the court. Justice V Lakshminarayanan also pointed...

Preventive Detention Can Be Ordered Regardless Of Prosecution, In Anticipation Of Discharge Or Acquittal: J&K High Court

The Jammu and Kashmir High Court refused to quash the detention order passed by the Divisional Commissioner, Kashmir, observing that preventive detention does not overlap with the prosecution (in regular courts) even if it relies on certain facts for which prosecution may have been launched. The court clarified that "An order of preventive detention may be made before or during prosecution,...

S.74 Kerala Forest Act Protects Acts Done By Officials In Good Faith, Doesn't Grant Unbridled Power Of Seizure: High Court

The Kerala High Court held that if absolute protection is given to officers under Section 74 of Kerala Forest Act, damages caused to the person due to mischievous acts of an officer would not be addressed. For context, Section 74 gives protection from criminal or other proceedings to forest officers for acts done in good faith.“….if the protection under Section 74 of the Act 1961, is...

Maha Kumbh Stampede | PIL In Allahabad HC Seeks Forming Of Judicial Monitoring Committee To Collect Details Of Missing Persons

A Public Interest Litigation (PIL) plea has moved before the Allahabad High Court seeking the constitution of a Judicial Monitoring Committee to collect details of all the persons missing after the stampede broke out at Maha Kumbh (Prayagraj) on January 29. The matter, filed on Tuesday (February 4), was mentioned before the Chief Justice's court on Wednesday (February 5) for an...

Court Was Misled, Correct Facts Weren't Shown By Neither Litigant Nor State's Counsel: Gujarat HC Shocked At Incorrect Dept Added As Party

In a contempt plea for non-compliance of an order on extension of increment to retired government employees, the Gujarat High Court expressed its "shock" on noting that the department added as respondent was incorrect and the court was "misled" and not informed of this by the litigant's counsel and even State's counsel "failed" to do so. Noting that the employees were in fact serving in...

Allahabad HC Stays Arrest Of 'Attendee' Of Meeting Where Guests Were 'Incited' To Desecrate Hindu Temples With Footwear

The Allahabad High Court on Friday stayed the arrest of a school teacher who has been accused of attending a meeting where the speaker allegedly incited the attendees to disrespect Hindu religious symbols and to desecrate temples by striking them with footwear. A bench of Justice Mahesh Chandra Tripathi and Justice Prashant Kumar granted relief to accused Bhisham Pal Singh, booked...

Not An Enabling Provision, Proscribes Reassessment Action Beyond Limitation: Delhi HC Explains Timelines U/S 149 Of Income Tax Act

The Delhi High Court has made it clear that Section 149 of the Income Tax Act, which prescribes a limitation period for initiating reassessment against an assessee, is not an enabling provision but rather a proscription on the Assessing Officer's powers.A division bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela observed,“The opening sentence of Section 149(1) of the...