High Courts
NEET | Merit Exclusive Criteria To Allocate College, Technical Formalities Can't Frustrate Fundamental Rights Of Meritorious Candidates: Rajasthan HC
Rajasthan High Court directed the Centre and the National Testing Agency (“NTA”) to consider the candidature of petitioners for allocation of collages based on their merits in NEET UG 2024 (“NEET”) which was rejected by the Centre on the grounds that the petitioners were not able to submit certain affidavit/ certificates in the prescribed format on time.The bench of Justice Sameer...
Media Persons With ID Cards Issued By Travancore Devaswom Board Alone Can Remain At Sabarimala Sannidhanam: Kerala High Court
The Kerala High Court has ordered that media reporters who are issued with identity cards by the Travancore Devaswom Board can only remain at the Sabarimala Sannidhanam.The Division Bench of Justice Anil K. Narendran And Justice Muralee Krishna S was considering the issue of stay of media persons at Sabarimala ahead of the Maasapoojas and Mandala-Makaravilakku festival season of...
Waqf Board Can't Recall Administrator's Order Declaring Property As 'Private' Through Committee, Must Approach Court/ Tribunal: Karnataka HC
The Karnataka High Court recently has set aside an order passed by the Karnataka State Waqf Board, constituting a Law Committee to review and recall an order passed in the year 1976, by then Administrator of the Board which held that a portion of a property situated in Kumbarpete area of Bengaluru was private property and not Waqf Property.A single judge bench of Justice M G S Kamal allowed...
Candidates Eligible For Promotion Under 4% Reservation For Benchmark Disability Should Be Considered Under Said Quota: Gauhati High Court
The Gauhati High Court recently directed the State Authorities to consider the cases of two Junior Engineers (Civil) for promotion to the post of Assistant Engineer (Civil) against the 4 percent quota reserved for Persons with Disabilities in terms of the provisions of the Rights of Persons with Disabilities Act, 2016.The Single Judge Bench comprising Justice Kardak Ete observed:“The...
Wives & Children Struggle To Face Matrimonial Proceedings Due To Financial Crisis, Husbands Exploit Their Situation: Allahabad HC
The Allahabad High Court has observed that in matrimonial proceedings, wives and children often face financial crises compared to husbands, as they have limited support from family or income and their situation is frequently exploited by husbands, which makes it difficult for them to face such proceedings. “In a matrimonial proceeding, the wife and children are pitted against...
Mere Breach Of Contract Cannot Constitute Cheating Unless Dishonest Intention Is Shown At Beginning Of Transaction: Delhi High Court
The Delhi High Court has observed that a mere breach of contract does not give rise to criminal prosecution of cheating unless a fraudulent or dishonest intention is shown at the beginning of the transaction.In doing so the high court upheld the sessions court's order which had quashed the summons issued by the magistrate to the Chairman and MD of educational technology company Educomp and...
High Court Imposes Rs.1 Lakh Cost On Punjab PWD Secretary For Illegally Depriving Employee Of Promotion
The Punjab & Haryana High Court has imposed a cost of Rs.1 lakh on the Punjab Public Works Department's Secretary for illegally depriving a Sub Divisional Engineer of promotion to the post of Executive Engineer.Justice Mahabir Singh SIndhu said, "Since the action of the respondents is found to be grossly illegal, therefore, in order to mitigate the miseries of petitioner and as a...
Can Declaratory Decree For Adding Children From Void Marriage To Service Record Be Refused Despite S. 16 HMA? : Allahabad HC To Decide
The Allahabad High Court is set to decide a substantial question of law regarding whether a civil court can deny a declaratory decree to enter the names of children born out of a void marriage into his service records despite the law contained under Section 16 of the Hindu Marriage Act 1955 (HMA), which grants legitimacy to children born out of void and voidable marriages. Admitting a...
Case Cannot Be Referred To Lok Adalat Without Giving Opportunity Of Hearing To All Parties To Dispute: Gauhati High Court
The Gauhati High Court at Aizawl on Thursday (November 14) set aside an Award passed by a Lok Adalat under Section 19 of the Legal Services Authority Act on the ground that the petitioner was not a party in the original civil suit and hence, she was not given an opportunity of being heard in the matter before referring the case to Lok Adalat.The Single Judge Bench of Justice Marli...
Premature Withdrawal Of Investment From 'Capital Gain Tax Exemption Bonds' Defeats Legislative Intent Behind S. 54EC Of Income Tax Act: Delhi HC
The Delhi High Court has made it clear that an investor of 'Capital Gain Tax Exemption Bonds' cannot seek premature withdrawal through judicial intervention. A single bench of Justice Sanjeev Narula ruled that such an act would defeat the legislative intent behind Section 54EC of Income Tax Act, 1961. The provision stipulates that long-term capital gain will not be charged on...
AIBE Fee Of Rs.3500 Challenged In Telangana High Court
A petition has been filed in the Telangana High Court challenging the fee charged by the Bar Council of India for registering for the All India Bar Examination.For the AIBE-XIX, a general category candidate has to pay Rs.3500 +GST (12.60 INR) + Convenience fee (70 INR).The petitioner, Advocate Vijay Gopal, relied on the recent Supreme Court judgment in Gaurav Kumar v. Union of India which...
Delhi HC Orders DDA To Pay ₹11 Lakh To Family Of Man Who Died In Balcony Collapse, Flags Structural Failures & Negligence In Maintenance
The Delhi High Court has ordered the Delhi Development Authority (DDA) to pay compensation of over Rs. 11 lakh to a woman and her minor sons, after her husband died after a balcony in their DDA flat collapsed 24 years ago. Justice Dharmesh Sharma pulled up the DDA for negligence and said that it had a "continuing obligation" to ensure the flat infrastructure's "durability and...