Allahabad High Court Orders UP Govt To Issue Fresh Educational Certificates With Post-Surgery Name & Gender Of Transgender Person

The Allahabad High Court recently set aside an order of the Madhyamik Shiksha Parishad, Bareilly, refusing to correct the name and gender of a transgender person in educational documents. Noting that the Transgender Persons (Protection of Rights) Act, 2019 is a special Act whose provisions are in addition to, and not in derogation of any existing law, the HC directed the...

NIA Requests Private Hearing From Delhi High Court In Plea Seeking Death Penalty For Yasin Malik

The National Investigation Agency (NIA) on Monday urged the Delhi High Court to hold private hearings in its appeal seeking death penalty for Kashmiri separatist leader Yasin Malik in a terror funding case.The request was made by NIA SPP Akshai Malik before a division bench comprising Justice Vivek Chaudhary and Justice Manoj Jain. Malik requested that the proceedings be heard on a private...

Filing ₹250 Security Deposit On Same Day As Presentation Of Revision Plea Suffices Municipality (Election Petition) Rules: MP High Court

The Madhya Pradesh High Court has held that the security deposit of ₹250 required under Rule 19 (2) of the MP Municipality Election Petition Rules can be filed on the same day as the presentation of a revision at the filing window. In doing so, the court clarified that this would be sufficient compliance with Rule 19 and would not lead to the dismissal of the revision. The bench of Justice Deepak Khot observed; "If petitioner has deposited the amount of security, as required under Rule...

District Court Can Hear Design Infringement Cases Unless Cancellation Is Sought : Rajasthan High Court

The Rajasthan High Court has recently held that District Courts are empowered to hear design infringement cases unless the opposing party formally seeks cancellation of the registered designs. The bench at Jaipur made this ruling while setting aside the transfer of three such cases filed by Jaipur-based carpet exporter S.N. Kapoor Export against Saraswati Global Ltd., another trader from...

HP Land Revenue Act | Assistant Collector Must Act As Civil Court When There Is Plea Of Adverse Possession: HP High Court

The Himachal Pradesh High Court held that when a person facing eviction under Section 163 of the H.P. Land Revenue Act, 1954 (which empowers revenue authorities to remove encroachments from Government land) raises a plea of adverse possession, the Assistant Collector must convert himself into a Civil Court as per Section 163(3) of the Act.Justice Ajay Mohan Goel remarked that: “It was...

Passport Delay A Hurdle In Right To Travel; Police Must Finish Verifications In 4 Weeks : Allahabad High Court

To ensure efficiency and accountability in the issuance of passports, the Allahabad High Court recently directed that all police verification reports for passport applications must be completed and submitted within 4 weeks. A Bench of Justice Ajit Kumar and Justice Swarupama Chaturvedi mandated so as it noted that delays in this essential exercise are creating a hurdle in realization...

'State Has Moral Obligation': AP High Court Directs Reservation For Transgender Persons In Public Employment Within Six Months

In a significant ruling, the Andhra Pradesh High Court has expressed a dire need for the State to mainstream the transgender community— which lie at the “bottom of social backwardness", and to subsequently take affirmative action for their inclusion in all spheres of life, including public employment.In this regard, Justice Nyapathy Vijay stated,“As the origin of the problems of...

Rajasthan High Court Upholds 45% Qualifying Marks For Disabled Candidates In Veterinary Officer Recruitment

Rajasthan High Court dismissed the special appeal challenging the 45% minimum qualifying marks for Physically Handicapped Category in the recruitment process of Veterinary Officer conducted by the Rajasthan Public Service Commission (RPSC).The division bench of Dr. Justice Pushpendra Singh Bhati and Justice Bipin Gupta upheld a single judge decision which found that the 45% qualifying...

Govt 'Not Privileged' For Condonation Of Delay, Law Of Limitation Can't Be Distorted To Advantage Select Few: Chhattisgarh High Court

The Chhattisgarh High Court has observed that condonation of delay is not a rule but an exception, which cannot be claimed as a matter of right or anticipated privilege by Government bodies, on whom the law of limitation equally applies.A Division Bench of Chief Justice Ramesh Sinha and Justice Bibhu Datta Guru held, “Government departments are under a special obligation to discharge...

Second Appeal Under Section 100 CPC Not Maintainable Against Orders Passed In Appeal U/S 104: Allahabad High Court

The Allahabad High Court has held that no appeal shall lie before a High Court on the strength of Section 100 of the Civil Procedure Code, 1908 from orders passed in an appeal under Section 104 CPC.Section 100 CPC provides that an appeal can lie to the High Court from every decree passed in appeal by any subordinate court, so long as the case involves a substantial question of law.Section 104...

'No Statutory Backing': Rajasthan High Court Quashes Environmental Compensation Imposed By Pollution Board On Brick Kilns

Rajasthan High Court set aside a bunch of orders by the Rajasthan State Pollution Control Board (“RSPCB”) that imposed environmental compensation on the brick-kiln operators, opining that the RSPCB had no statutory authority to impose such compensation in the absence of duly framed rules and regulations.The bench of Justice Sunil Beniwal, while heavily relying upon the Supreme Court ruling...

Jaya Bachchan Moves Delhi High Court Seeking Protection Of Her Personality Rights

Actress and Member of Parliament (Rajya Sabha) Jaya Bachchan has moved the Delhi High Court seeking protection of her personality rights.The matter was heard by a bench of Justice Manmeet Pritam Singh Arora.Senior Advocate Sandeep Sethi was appearing for Bachchan. He referred to the first defendant, saying that morphed images of the actress have been published. He also told the Court...