High Courts
Property Bought Before Alleged Money Laundering Offence Not Immune From Provisional Attachment Under PMLA: Karnataka High Court
The Karnataka High Court has held that a property bought years before the alleged scheduled offence cannot be shielded from provisional attachment under the Prevention of Money Laundering Act, 2002 (PMLA) merely because of its date of acquisition. Justice Suraj Govindaraj ruled that Section 2(1)(u) read with Section 5 of the Act permits attachment of property of equivalent value even where...
Highest Auction Bid Can't Be Cancelled Merely In Hope Of Fetching Better Price: Allahabad High Court
The Allahabad High Court has held that a public body which receives the highest bid in a validly conducted auction must abide by it, and cannot cancel it merely in the hope that a future auction will fetch more. It held that the Ghaziabad Development Authority's repeated cancellation and re-auction of one plot, with the reserve price never revised, was a colourable exercise of power.The bench...
Teachers Of UP Sports Colleges Society Not 'Public Servants', Can't Approach State Public Services Tribunal: Allahabad High Court
The Allahabad High Court has held that teachers in the sports colleges run by the U.P. Sports Colleges Society are not “public servants” under Section 2(b) of the Uttar Pradesh Public Services (Tribunals) Act, 1976, and that their claim petitions are not maintainable before the U.P. State Public Service Tribunal.Section 2(b) of the Act, 1976 covers a person in the service or pay of the...
Failure To Deposit Stamp Duty Within 15 Days Renders Auction Sale Void, Executing Court Cannot Extend Deadline: AP High Court
The Andhra Pradesh High Court has held that failure to deposit the prescribed stamp duty within 15 days of an auction renders the sale void, and the executing court cannot extend the deadline by invoking its inherent powers under Section 151 of the Code of Civil Procedure (CPC).It further observed that under Order XXI Rule 85 CPC, as applicable in Andhra Pradesh, the auction purchaser...
Opposite Party Can't Compel Litigant To Pursue Challenge On Merits: Allahabad High Court
The Allahabad High Court has held that a party which has invoked its supervisory jurisdiction may discontinue that challenge when it no longer wishes to pursue it, and that withdrawal does not disturb the order under challenge or the rights the opposite party has acquired under it. It held that the opposite party's wish to have the controversy decided on merits is not, by itself, a ground...
Aadhaar Card Age Not Conclusive: AP High Court Relies On Age Mentioned In Post-Mortem Report To Enhance Accident Compensation
The Andhra Pradesh High Court has ruled that age recorded in an Aadhaar card cannot be accepted as conclusive proof and relied on the age mentioned in the post-mortem report of an accident victim to calculate the accident compensation to be granted to his kin. In doing so the court enhanced the compensation from Rs. 7.33 Lakh to Rs.11.27 Lakh, noting that the age mentioned in Aadhaar card...
Transit Remand Not Mandatory If Arrested Person Is Produced Before Jurisdictional Magistrate Within 24 Hours: AP High Court
The Andhra Pradesh High Court has held that obtaining transit remand from a Magistrate in the place of arrest is not mandatory where a person arrested outside the jurisdiction is produced directly before the jurisdictional Magistrate within 24 hours of arrest, excluding the time necessary for the journey.While dismissing a habeas corpus petition challenging the remand of a man arrested...
Pendency Of Guardian And Wards Act Proceedings No Absolute Bar To Grant Of Child Custody By Writ Court: Allahabad High Court
The Allahabad High Court has held that the pendency of proceedings under the Guardian and Wards Act, 1890 is not an absolute bar to a habeas corpus petition seeking custody of a minor child. It held that each such case turns on the facts before the writ court, whose discretion under Article 226 of the Constitution of India plays a vital role.The bench of Chief Justice Arun Bhansali and...
Rajasthan High Court Condones State's 130-Day Delay In Filing Corruption Appeal, Says File Processing And Approvals May Cause Delay
The Rajasthan High Court has condoned a 130-day delay by the State in filing an application seeking leave to appeal against an acquittal in a case under the Prevention of Corruption Act.Justice Farjand Ali observed that a pragmatic and justice-oriented approach was warranted while examining the explanation for the delay, particularly when the challenge concerned an acquittal in a...
Clerical Error Led To Withdrawal Of Cheque Bounce Cases: Rajasthan High Court Says Writ Not Maintainable, Remedy Lies Under BNSS
The Rajasthan High Court has dismissed the petitions filed against Lok Adalat's orders that accepted withdrawal applications filed by the petitioner-financial institution, allegedly erroneously, against the secured creditors from whom no recovery was made. The Court opined that there was no justified reason to invoke writ jurisdiction when a remedy under BNSS was available. The bench of...
LiveLaw High Courts Daily Highlights: November 04, 2026
Mere Website Accessibility Can't Confer Territorial Jurisdiction In IP Suits, Courts Must Draw 'Lakshman Rekha': Delhi High CourtPolitical Activities Like Dharna, Hunger Strikes & Satyagraha Have No Place In Constitutional Democracy: Kerala High CourtBombay High Court Refuses To Order Interim Deletion Of Mahesh Jethmalani's Posts Against The Indian Express'Caste Status By Birth Cannot...
Students Must Not Be Uprooted: Bombay High Court Allows 14 Schools Operating Without Sanction To Run Till March 2027
Considering the education of nearly 6,000 students, the Bombay High Court on Wednesday (November 4) directed the Brihanmumbai Municipal Corporation (BMC) not to shut down 14 schools operating without sanction or prior approval until March 31, 2027. The Court said it could not permit students and teachers to be “uprooted” during the academic year.A division bench of Chief Justice...