Setting Up Of Religious Place By One Community Can't Be Stopped Merely Due To Opposition By Another Community, Assumption Of Disharmony: Kerala HC

The Kerala High Court recently quashed an order of District Collector refusing to give NOC to continue the functioning of a prayer hall in Kadalundi village. Justice Mohammed Nias C. P. quashed the order observing that the main reason for objection of NOC was due to apprehension of law-and-order situation due to the objection made by other members of the community. The Court said that the...

Alteration Of Settlement Records Impermissible Unless Registered Instrument Is Produced Before Relevant Officer Or Court: J&K High Court

Reiterating that a transfer of immovable property cannot be deemed valid unless it is executed in writing and registered as per the provisions of the Registration Act the Jammu and Kashmir and Ladakh High Court has emphasized that the alteration of settlement records is impermissible unless a registered instrument is produced before the relevant Revenue or Settlement Officer or Court.Citing...

Arson Case | Prosecution's Story Highly Doubtful: Allahabad HC In Disqualified MLA Irfan Solanki Bail Order

Granting bail to Irfan Solanki, a now disqualified MLA of the Samajwadi Party, in a 2022 house arson case, the Allahabad High Court on Thursday observed that the link of circumstance led by the prosecution is inconclusive and cannot give rise to the definite inference of his guilt. “Admittedly, the appellants are the residents of the vicinity where the incident is said to have...

Kerala High Court Lays Down Guidelines For Service Of Summons In Suits For Defendants Outside India

The Kerala High Court on Friday laid down guidelines regarding effecting service of summons in a suit where the defendants reside beyond India's borders.The Bench comprising of Justice Raja Vijayaraghavan V., Justice C. Jayachandran and Justice C. Pratheep Kumar was answering a reference by a Division Bench as to whether a summons issued by the Court to a defendant residing outside India has...

Contempt Action Should Be Avoided When Order For Compliance Is Challenged Under Appeal: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that the contempt court should avoid taking action when the order for compliance is challenged under appeal.Justice Sureshwar Thakur and Sudeepti Sharma said that, "the contempt action has to be sparingly drawn, and, is to be avoided to be drawn, as a measure to coerce the purported errant litigant to make compliances with certain directions or...

Cannot Compute Income Of 18-Yr-Old Accident Victim Based On Wages Of Unskilled Labour, Wages Of Semi-Skilled Labour To Be Considered: Rajasthan HC

In an appeal filed against an award passed by the Motor Accidents Claims Tribunal, the Jodhpur bench of Rajasthan High Court held that irrespective of there being no evidence on record to show that the deceased was employed, computing the income of an 18 year old based on minimum wages of an unskilled labour was unjustified. In doing so the court further underscored that the computation...

Can Saving Clause In Forest Subordinate Service (Amendment) Special Rules, 2014 Extend To Promotion Of Appointees Under Earlier Rules? Kerala HC Answers

The Kerala High Court held that the saving clause in the Kerala Forest Subordinate Service (Amendment) Special Rules, 2014 would not grant any entitlement to employees who were appointed under the Kerala Forest Subordinate Service of 1962 and Kerala Forest Subordinate Service Special Rules of 2010 in the matters of promotion.The Court was considering whether the promotion of Beat Forest...

Statements In Newspapers Are Merely Hearsay & Cannot Serve As Proven Facts Unless Corroborated By Author: J&K High Court

The Jammu and Kashmir and Ladakh High Court has ruled that statements in newspapers are merely hearsay and cannot serve as proven facts unless corroborated by the author.A bench of Justice Sanjay Dhar observed, “The assertion made in a newspaper cannot be treated as proved facts reported therein. A statement of fact contained in a newspaper is merely hearsay and, in the absence of statement...

Bombay High Court Grants Bail To Man Booked For Impregnating 14-Yr-Old Fiancé, Says Their Marriage Was Fixed With 'Good Intent'

Observing that 'poverty is the biggest issue in India, the Aurangabad bench of the Bombay High Court last month granted bail to a man booked for raping his minor fiancé on the ground that they were to soon marry since their families had decided to get them married.Single-judge Justice Sanjay Mehare noted that the present case was a 'genuine' one as it touched the 'societal structure' of...

Scrutiny Notice Was Issued In Amalgamating Company's Name Despite Dept Knowing Of Amalgamation: Calcutta HC Declines To Apply S.292B Of Income Tax Act

The Calcutta High Court has refused to apply Section 292B of the Income Tax Act, 1961 to a scrutiny notice issued in an amalgamating company's name, despite the Assessing Officer being aware about the company's amalgamation. Section 292-B provides that no notice or assessment or any proceedings can be deemed to be invalid merely for the reason of any mistake, defect or omission in...

Children's Courts Notified For Speedy Trial Of Offences, Jurisdiction Of Criminal Courts Conducting Trial Not Taken Away: Kerala High Court

The Kerala High Court held that the Magistrate Court does not lose its jurisdiction to try criminal cases merely because the State Government has notified Children's Courts for the speedy trial of offences against children. However, the Court stated that it is proper that the offences be tried by the Children's Court.The state government issued a notification in 2009 made under Section 25 of...

HC Has Duty To Maintain Accurate Records Within Its Jurisdiction To Ensure Justice Prevails In Accordance With Law: J&K High Court

Reiterating that the High Court, as a court of record, derives its power to review judgments under Article 215 of the Constitution of India the Jammu and Kashmir and Ladakh High Court has emphasized its obligation and duty to maintain accurate records within its jurisdiction, ensuring justice prevails in accordance with the law.Clarifying the mandate and obligation of the High Court as...